Action for material compensation stemming from physical damages in traffic accidents

Traffic accidents have been going on for many years. Nowadays, with the increase of traffic accidents, the number of people injured in traffic accidents has also increased. Because of traffic accidents, people suffer personal injury and are therefore disabled. Due to the fact that the people remain in disability, material damages stemming from this have come into question and the need to recover these damages has arisen. For this reason, in order to reimburse their damages, people who suffered initiated cases against those that are liable for traffic accidents. In our study, the rights in scope of material compensation, what type of procedures shall be followed when these rights are claimed before the court and the authorised and competent courts in these cases have been examined in the light of Turkish Code of Obligations No. 6098, Turkish Civil Code No. 4721, Highway Traffic Law No. 2918 and related legislation. In the first part of our study, the concept, parties, elements of traffic accident and where the provisions of liability for traffic accidents are regulated in the legislation are explained. In the second part, the concept, definition, elements, and types of personal injury, and the recovery of personal injury are evaluated. In the third part, the procedure of the case of material compensation for personal injury based on traffic accidents is analysed. Keywords: Traffic accidents, personal injury, case of material compensation, tort, damage, victim of personal injury, person causing the damage