What is Road Traffic Accident Negligence Under Cyprus Law?

Negligence under Cyprus law refers to a legal duty of care owed by one person to another. The concept of negligence is based on the idea that individuals have a responsibility to act reasonably and avoid causing harm to others.

Under Cyprus law, a person is considered to have been negligent if they have failed to exercise reasonable care in fulfilling their duty to another person, and that failure results in harm or loss to that person. To establish a claim for negligence, the following elements must typically be proven:

• Duty of care: The defendant must owe a duty of care to the plaintiff. This means that the defendant must have a legal obligation to take reasonable care to avoid causing harm to the plaintiff.

• Breach of duty: The defendant must have breached their duty of care. This means that they failed to act as a reasonable person would have done in the circumstances.

• Causation: The plaintiff must be able to prove that the defendant's breach of duty caused their harm or loss.

• Damages: The plaintiff must have suffered harm or loss because of the defendant's breach of duty.

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If all of the above elements are established, the plaintiff may be entitled to compensation for their losses. The amount of compensation awarded will depend on the individual circumstances of the case, such as the severity of the harm suffered and the impact on the plaintiff's life.

So How is Negligence Established in a Road Traffic Accident in Cyprus

As personal injury lawyers, we daily present road traffic accident cases before Cypriot Courts. The specific elements required to establish a negligence case in Cyprus are cited above, and below we provide a general example of how negligence could be established in a road traffic accident case:

Duty of Care: In the context of a road traffic accident, under Cyprus Law all drivers have a duty to operate their vehicles in a reasonably safe manner and follow traffic laws.

Breach of Duty: The plaintiff / claimant / accident victim needs to show that the defendant breached their duty of care. For example, if the defendant / at fault driver was speeding, driving recklessly, or failed to stop at a red light, it could be considered a breach of their duty.

Causation: The plaintiff / accident victim must establish a causal link between the defendant's breach of duty and the accident. They need to demonstrate that the defendant's actions or omissions directly contributed to the occurrence of the accident. This can be done through witness testimony, expert analysis, and physical evidence. 

Damages: The plaintiff / accident victim must prove that they suffered actual damages as a result of the accident. These can include physical injuries, property damage, medical expenses, lost wages, pain and suffering, and other relevant losses.

Here's an Example Scenario Illustrating the Elements of Negligence Under Cyprus Law:

Imagine that a driver, let's call them Driver A, is texting while driving and fails to notice a red light at an intersection. As a result, Driver A collides with another vehicle, Driver B, who had the right of way. Driver B sustains injuries and their vehicle is significantly damaged.

In this case:

Driver A owed a duty of care to other road users to drive safely and obey traffic laws.

Driver A's act of texting while driving can be considered a breach of their duty of care.

The breach of duty directly caused the accident since Driver A failed to stop at the red light, resulting in the collision with Driver B.

Driver B suffered physical injuries, vehicle damage, and other losses as a direct result of the accident.

By establishing these elements, such as the duty of care, breach, causation, and damages, the plaintiff can build a case for negligence against Driver A in the road traffic accident.

Involved in an Accident? Get Help Today

Call us today or email us for a free assessment of your road traffic accident case. If you are unable to visit us at our office we may arrange for a home or hospital visit.

We take on cases and appear before all district Courts in all cities of Cyprus, Nicosia, Limassol, Larnaca, Famagusta and Pafos.

We do not charge for the initial consultation. The decision of whether you wish to proceed is entirely yours. We will advise as to the merits of your case, the chances of success and the amount you may expect as compensation. We offer no win no fee funding agreements which means there is no financial risk to you.