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The government and the transit police together have to pay about $8,357 for damages in favor of the taxi driver. / A.M. Costa Rica wire services photo

Taxi driver wins $8,000 lawsuit
against government and transit officials

...

By the A.M. Costa Rica staff

The Supreme Court of Justice issued a ruling in favor of a taxi driver when it was proved that in a car accident, the owners of the car signed a conciliation agreement without taking the driver into account. The government and the transit police together have to pay ¢5 million colones (about $8,357) for damages in favor of the taxi driver.

For cases like this, the specialists of the Supreme Court of Justice recommend that in case of an extrajudicial conciliation, the transit officials should make sure to reach an agreement with all the people involved.

The claim was filed by a taxi driver, before the Contentious-Administrative and Civil Court of the Treasury, against the state and two other persons. The taxi driver requested the payment of damages for the breach of duties of the two transit officials.

The events occurred in April 2011, when, near the community of Desamparados de Alajuela, the taxi collided with a minibus. Due to the strong impact and the injuries he suffered, the taxi driver was transferred to a hospital in an emergency vehicle.

In the judgment it was established that on the day of the accident, and at the scene two traffic officers omitted the following:

- the elaboration of the scene and the citation slips,

- the preparation of the corresponding sketch,

- the performance of alcohol tests

- identification of drivers

- the visit to the hospital to the injured driver to verify his health status.

The officers only confirmed that the owners of the taxi and minivan reached an out-of-court settlement without taking into account the injuries of the taxi driver.

The case was finally brought before the First Chamber, which dismissed the appeal and confirmed the judgment.

"The appellant is not right in arguing that the moral damage was derived from the fact of a third party (the driver of the bus), because as said, the duty of reparation by the co-defendants does not arise from the affliction caused by the aftermath of the accident (which are the product of a third party), but by the negligent and negligent act in which they incurred, and the feeling of helplessness that the actor experienced, "said the judgment of the First Chamber. "Therefore, in the opinion of this Chamber, the compensation awarded to the plaintiff is in accordance with the law."

Solidarity compensation for subjective moral damage of the state and two traffics officers "... because there was a failure to observe the duties of the office, by a negligent act," the judge of the First Chamber gave the ruling.

"... the work of the traffic officers could be dispensed with as long as the out-of-court settlement was agreed upon by all the parties involved in the accident - including the drivers - and not only the owners," said the Chamber's ruling.

For this reason, in the study of the case, in particular, the Court confirmed the appropriateness of the payment of compensation in favor of one of the drivers involved in the accident and ordered the joint and several liabilities of the State and the two traffic policemen who attended the accident.

"... As the Court rightly resolved, in the specific case there was a non-compliance with the duties of their office by both co-defendants, while - in their capacity as transit officers - they acted negligently in the care of the accident where the actor was injured," said the decision of the Court.

The traffic police did not have the right to choose not to make the documentation established by the law by arguing that the owners of the minibus and taxi registration involved in the accident agreed to reconcile, especially because one of the drivers had to be transferred to a medical center with a serious injury, a situation that could have civil and even criminal implications.


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Have you heard of any case of non-judicial conciliation due in a traffic accident? 
We would like to know your thoughts on this story. Send your comments to: news@amcostarica.com

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