Introduction

This article was prepared by examining the analysis responses of judicial decisions, with the aim of finding an answer to the question, “What are the first steps to take after a traffic accident?” A large portion of the reviewed documents pertain to compensation lawsuits or administrative disputes filed after an accident and do not directly address what needs to be done at the time of the accident. However, in some first-instance court decisions, the legal obligations of drivers involved in an accident have been detailed with reference to the Highway Traffic Law (HTL) and related regulations. This article brings together the findings from these decisions, presenting the steps to be taken after an accident within a legal framework.

According to the information compiled from the judicial decisions reviewed, the primary obligations of drivers involved in a traffic accident are as follows:

Stopping and Taking Safety Measures: Immediately stopping in a manner that does not create an additional hazard for traffic, and taking necessary measures such as using illuminated signs or reflective devices to ensure traffic safety at the accident scene.

Protecting the Accident Scene: If there is death or injury in the accident, do not alter the situation at the accident scene, including evidence and traces that will be useful in determining responsibility.

Informing the Authorities: Report the accident to authorized and responsible officers (police, gendarmerie).

Not Leaving the Accident Scene: Do not leave the accident scene until the authorities arrive or without their permission.

Information Sharing: If requested by other parties involved in the accident, provide and show identity, address, driver’s license, vehicle registration, and insurance policy information.

Assisting the Injured: In case of injured persons, ensure they receive immediate medical assistance (indirect finding).

Agreement in Material Damage Accidents: If there is only material damage and the parties agree, after taking photos of the accident scene, move the vehicles to a safe place to avoid obstructing traffic and draw up a “material damage accident report” among themselves.

In judicial decisions, the actions to be taken after a traffic accident are directly based on Article 81 of the Highway Traffic Law and Article 152 of the Highway Traffic Regulation. These obligations may vary depending on the nature of the accident (with injury/fatality or only material damage).

1. General Obligations and Accident Scene Safety

The first and most fundamental rule applicable to all drivers involved in an accident is to ensure safety. This has been clearly stated in the decision of the Bakırköy 7th Civil Court of Commerce:

“a) If they are in motion, stop immediately in a way that does not create an additional danger for traffic, take the necessary measures for traffic safety at the accident scene…”

This obligation was also emphasized in the decisions of the Ankara West Civil Court of Commerce and the Gaziantep 2nd Civil Court of Commerce, and the Gaziantep decision also referred to concrete measures such as “placing illuminated signs or reflective devices for traffic safety”. The purpose of these measures is to both protect the people at the accident scene and prevent new accidents from occurring.

2. Notification to Authorities and Prohibition from Leaving the Scene of the Incident

Especially in accidents resulting in injury or death, the obligation to notify authorities and not leave the scene without their permission is of critical importance. This obligation has been clearly stated in the decisions of the Ankara 9th Civil Court of Commerce and Kayseri 2nd Civil Court of Commerce:“…to report the accident to the authorized and duty-bound officers, and not to leave the accident scene until they arrive or without their permission”. This rule aims to prevent the tampering of evidence and ensure that the incident is accurately determined by official authorities. Furthermore, the obligation for drivers to provide identification and insurance information to other parties involved in the accident was also stated in the decision of the Ankara 9th Civil Court of Commerce.

3. Procedure Specific to Accidents with Only Material Damage

Court decisions show that for accidents resulting only in material damage and where the parties agree, it is a more practical solution. This situation was explained as follows in the decision of the Gaziantep 2nd Civil Court of Commerce: “…in cases where the parties reach an agreement, to avoid causing a new traffic accident and to prevent obstructing traffic flow, if possible, photographs of the accident scene are taken, and the vehicles involved in the accident are moved off the roadway.”

In this situation, the parties can draw up a “material damage accident report” among themselves without waiting for traffic police. In a decision by the Constitutional Court, it was also stated that this report is “a formal document that will form the basis for the resolution of legal disputes that may arise between the parties involved in the accident…”

Conclusion

The analysis responses of the presented court decisions reveal that the first things to be done after a traffic accident fundamentally revolve around ensuring life and property safety, officially recording the incident, and taking the necessary steps for the legal process to proceed correctly. Drivers’ obligations arising from the Highway Traffic Law (KTK) are to stop immediately, secure the accident scene, call for help for the injured, notify the authorities, and comply with their instructions. In accidents involving only material damage, if the parties agree, it is possible for them to draw up a report among themselves without disrupting traffic. Failure to comply with these rules may lead to serious legal consequences against drivers in future compensation lawsuits and insurance processes. A suggested article.

Why Is Tuzla Lawyer Support Necessary?

Although the actions to be taken after a traffic accident are clearly regulated by law, in practice, disputes may arise between parties, and insurance companies may pay compensation claims incompletely or reject them entirely. Especially in cases of accidents involving injury and fatality, both criminal and compensation lawsuits are involved, and these processes require technical knowledge.

In a traffic accident occurring in Tuzla, it is of great importance to get support from an expert lawyer in Tuzla to prevent victims or their relatives from losing rights, to ensure correct calculations of insurance and fault ratios, and to file necessary lawsuits on time. Lawyer support ensures:

The correct preparation of material and moral compensation claims,

Appealing against fault ratios,

The protection of rights in processes conducted with insurance companies,

The effective defense of victim rights in criminal investigations.

Therefore, obtaining professional support after a traffic accident, both in administrative procedures and judicial processes, in regions such as Istanbul, Tuzla lawyer, Pendik lawyer, Kartal lawyer, Maltepe lawyer, Gebze lawyer, Aydınlı lawyer, Orhanlı lawyer, Tepeören lawyer, Darıca lawyer, Bayramoğlu lawyer or Çayırova lawyer, Şekerpınar lawyer, Güzelyalı lawyer, Postane lawyer and Akfırat lawyer, is a critical necessity for the correct progression of the process and the prevention of rights losses.