Seizure No Excuse: Court Awards BD13,374 in Crash Compensation
• Driver previously found guilty and jailed for one month
The Fourth Civil Court has ordered an insurance company and its policyholder to jointly pay BD13,374 in compensation to a woman who suffered severe injuries in a traffic accident caused by the insured driver.
The plaintiff, a woman in her fifties, sustained multiple injuries in the crash, including several fractured ribs, spinal damage, a broken pelvis, and soft tissue injuries to her right leg. Medical evaluations confirmed she had sustained a 20% permanent disability.
Represented by lawyer Sahar Nabil, the woman argued that the accident was caused by the driver's negligence and failure to adhere to road safety regulations. A criminal court had previously convicted the driver and sentenced him to one month in prison.
In defence, the driver claimed he had suffered a seizure and lost consciousness at the time of the crash, invoking force majeure to avoid liability. However, the court dismissed the argument, ruling that the driver was already aware of his medical condition and had a responsibility to avoid endangering others.
The court concluded that the medical episode was not unforeseeable and held both the driver and the insurance company accountable for the resulting injuries and damages.
In its final verdict, the court awarded BD13,374 to the plaintiff, including 3% legal interest from the date of filing until full payment. The defendants were also ordered to cover all court fees and legal expenses.
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