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Case:
Law no 85-677
Road Accidents
Date:
05 July 1985
Note:
Translated French Cases and Materials under the direction of Professor B. Markesinis and M. le Conseiller Dominique Hascher
Translated by:
Tony Weir
Copyright:
Professor Basil Markesinis

1. The dispositions of the present chapter apply to the victims of traffic accidents in which a motor vehicle or its trailer is involved, even if the victims are being carried pursuant to a contract; they do not apply to trains or trams which run on their own tracks.

2. Neither force majeure nor the act of a third party provide the driver or custodian of a motor vehicle with any defence against victims, including drivers.

3. (1) Victims other than drivers of motor vehicles are indemnified for the harm resulting from personal injury regardless of their own fault, unless it was inexcusable and constituted the sole cause of the damage. (2) If such victims are less than sixteen or mote than seventy years old or, whatever their age, have been held to be permanently disabled or incapacitated to at least eighty per cent, they are entitled in all cases to full damages for their personal injuries; (3) However, no damages are due in such cases if the victim deliberately incurred the harm suffered.

4. The fault of the driver of a motor vehicle can limit or exclude his claim for damages.

5. Fault on the part of the victim can limit or exclude the damages he may claim for damage to property, save that the rules relating to personal injury apply if the items damaged are medically prescribed.

6. Claims by third parties are subject to the limitations and exclusions which affect the claim of the primary victim of a traffic accident.

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