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It even took the intervention of three courts to clarify this story. Most of the questions did not refer to the circumstances of the accident, but to the amount of non-material damage. After all, the court of first instance had ordered the guilty Audrius Urbonavičius to pay 15 thousand. euros.
However, after the driver’s appeal, this amount was cut almost in half, to 8 thousand. euros. Therefore, the victim had to appeal to the Lithuanian Supreme Court (LAT), which ruled that the non-pecuniary damage awarded by the court of first instance was more equitable.
Circumstances of the accident
A traffic accident that occurred in 2019 came to light in court. April 1 at around 7.43 pm In Panevėžys, Nemuno street.
While driving an Opel Signum, A. Urbonavičius failed to do so when approaching an unregulated crosswalk in the second lane and having to slow down or stop in front of the crosswalk.
The driver hit him in the crosswalk from the right in the crosswalk. During this traffic accident, Panevėžys’s health was seriously affected.
The woman suffered a head injury, bruises on her left calf. He had broken menstrual bones, incisors, and cacti. She suffered more bruises.
As mentioned, the Panevėžys District Court in 2020 January 14 A. Urbonavičius was found guilty of a traffic accident. He was fined € 800. The accident victim was also sentenced to 15,000. for moral damage.
However, the Panevėžys Regional Court had a slightly different opinion. In the appeal instance, the amount of moral damages was reduced to 8 thousand. euros. So the LAT had to have the last word in this story.
Trauma – for life
The injured party indicated to the court that the amounts awarded in dissimilar cases for non-pecuniary damage range from 5,000. up to 29 thousand. EUR, and the average – about 18 thousand. euros.
Therefore, in reducing non-material damage, the district court should have provided the legal and factual arguments for such a decision, according to the victim. What it did not do.
Panevėžys highlighted that due to the serious bodily injuries sustained during the traffic accident, permanent phenomena appeared. This is also confirmed by the medical documents that were presented to the court.
During and after the trial, the victim underwent surgery, with a rate of 55%. level of work capacity. Before the accident, the victim’s work ability level was 100 percent.
The woman noted that while she was walking through the crosswalk, other cars stopped. And the convict didn’t. Although he claimed to have been blinded by the sun.
The convict claimed that he had approached the crossing after passing many cars parked on the road, but according to the victim, there were no vehicles there because there is a sign prohibiting cars from stopping and stopping.
The victim did not agree with the convicted man’s assertions that the amount of compensation should be reduced because his family’s total income is 1,600 euros, he has a minor child and bank liabilities.
According to Panevėžys, the convict can pay in installments, for example, 100 euros per month, which would take twelve years and five months, in which case the needs of the convicted person’s family would not be affected, since each member of the family would keep a monthly fee of 500 euros.
In addition, he said, the child will grow up and the spouse will be able to work in the future, and the victim will no longer be able to live or work as before the accident. Due to injuries sustained during the traffic accident, it was determined that the landlord had 55%. level of work capacity, leg injuries will not go away, on the contrary: due to age, pain, the ligament will only increase, brain activity, emotional state due to head injury will also not recover.
The woman stressed that the fact that the inmate is young, healthy and able to work, and that the victim suffered a severe head contusion and leg injury during a fair accident, almost at the age of retirement, who has not been able to walk for two years. and it is not known when the foot will heal or if it will heal at all.
The residual phenomena, according to her, are now and will remain in the future, so disability, illness, constant visits to the doctor, rehabilitation will remain for life, for which the court sentenced 15 thousand. The amount of EUR 1,000,000 is not excessive either in the context of similar cases or in the context of lasting effects..
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