Post by muntahaislam222 on Feb 28, 2024 1:09:04 GMT -5
Hypothetical situation Imagine that an unlicensed person is driving a vehicle and, noticing the traffic light turning green, proceeds normally to follow the line of cars. Suddenly, another driver comes at high speed, runs the red light and collides into your side. Getting out of the vehicle, they begin to talk about the accident when the person who caused the accident discovers that the other person does not have a driver's license. At that moment he turns around and, noticing the other's vulnerability, says: “Oops, you don't have a license so you're totally wrong. You will have to pay for my loss.” So, those who don't have a license, fearing possible consequences under the threat of being called to the police, make a mistake in the situation and assume all the losses. But did you know that the disabled person will not always be considered the cause of the accident? That's right. Legislation assigns everyone responsibility for their mistakes. [Continues after ad] Everyone answers for their mistake CAUSE OF THE ACCIDENT: The driver who ran the red light at high speed and collided with the side of the other vehicle will respond as provided for in articles 186 and 927 of the Brazilian Civil Code: Art.
Anyone who, through voluntary action or omission, negligence or imprudence, violates rights and causes harm to others, even if exclusively moral, commits an unlawful act. Art. 927. Anyone who, through an unlawful act (arts. 186 and 187), causes damage to another, is obliged to repair it. Note that the aforementioned legal provisions make this driver responsible for the moral and material damages caused by him as a result of his recklessness, including obliging him to Europe Mobile Number List repair them. If the accident resulted in a victim suffering bodily injury or death, this driver will still be liable for these crimes in the culpable modality (committed without the intention of the result) according to articles 302 and 303 of the CTB: Art. 302. Committing manslaughter while driving a motor vehicle: Penalties – imprisonment, from two to four years, and suspension or prohibition of obtaining permission or qualification to drive a motor vehicle. Art. 303. Committing negligent bodily harm while driving a motor vehicle: Penalties – detention, from six months to two years and suspension or prohibition of obtaining permission or qualification to drive a motor vehicle.
DISABLED DRIVER: But what about the other driver, without a driver's license, nothing will happen to him? Of course! He will be responsible for the administrative infraction of driving the vehicle without having a license to do so. CTB, art. 162. Driving a vehicle: I – without having a National Driving License, Driving Permit or Authorization to Drive a Moped: Infraction – very serious; Penalty – fine (three times); Administrative measure – retention of the vehicle until the presentation of a qualified driver; Depending on the case, you may even be liable for the crime provided for in article 309 of the CTB, see: Art. 309. Driving a motor vehicle, on public roads, without the appropriate Driving Permit or License or, even, if the right to drive is revoked, generating danger of harm: Penalties – detention, from six months to one year, or fine. [To receive more texts like this, CLICK HERE and register your email.] How the Judiciary has decided Researching case law that could reinforce the arguments presented here, I found at least two cases worth sharing: CASE 1 – A disabled man was riding his motorcycle when he was hit by a car driven by a woman who, when entering to make the turn, went part of the way into the wrong lane.