Legal liability of the carrier arising out of the damages of the passengers by road transport in Turkish Law

In this study, legal liability of the carrier arising out of the damages ofthe passengers by road transportation was examined according to theTurkish Law.In road passenger transportation contracts, one of the parties who iscalled carrier undertakes to carry the other party(passenger or someone elseon behalf of the passenger)alive and safe with his luggage by a vehicleagainst remuneration. Altough the legal qualification of the honoraryaccomodation transport is controversial, in terms of the Turkish CommercialCode it doesn?t include the elements of passenger transport contracts. Inpassenger transport contracts, promissor is actual carrier. Actual carrier canuse servants to fulfill the carriage and shall be responsible for the acts of hisservants. Passenger transport by road contract, doesn?t need any formalrequirement. Generally both parties use tickets in order to prove the contract.Parties have various rights, debts and obligations arising from thesecontracts.The carrier undertake great responsibility with the passenger transportcontract. Therefore, the qualification of the carrier's legal liability andresponsibility are important. The responsibility of the carrier state is mainlydivided into two basic headings. Carrier can be hold responsible for damageand loss of the passenger?s luggage and death or physical damage of thepassenger. When the carrier also has the other rights on the vehicle, thelegal qualification of the responsibility will be different. Since the carrier cannot accomplish to recompensate all these responsibilities, it is obligatory tomake some type of insurance. Thus, if any damage occurs during passengertransport, the damaged passenger will have optional right to apply forcompensation to the carrier, servants and insurer. In this study,legalobligatory insurance and optional insurance of the parties in passengertransport is evaluated in relation to the responsibility of the carrier.