……. TO THE HONOURABLE JUDGE
…….
REQUESTING FAULT DETERMINATION :…….
REPRESENTATIVES :…….
SUBJECT : Our Request for Defect Determination.
EXPLANATIONS :1- On the day of ……. at around ……., our client was travelling from the direction of ……. to the direction of ……. on the … Highway ……. with his vehicle with the license plate number ……., he was stopped by the Traffic Police when he came to the turnoff …… Hospital Road and it was stated that he caused the accident with material damage and injury in front of Döngel Mudurnu Poultry.
2-The Traffic Accident Detection Report, which was issued in the absence of our client, was issued in line with the statements of the drivers of the vehicles with the number plates … … …. and … … ….. This Traffic Accident Report does not reflect the facts.
3- In the Traffic Accident Detection Report issued, while our client was travelling from the direction of ….. to the direction of ….. with his car with the number plate ……., which is the owner and driver of our client, while overtaking the vehicles travelling in the same direction in front of ….. at a time when the traffic was heavy when he came in front of ….., the driver …., who was travelling from the direction of ….. to the direction of ….., dropped the car with the number plate … … … under the direction of ……. into a ravine, and the driver ….., who came out of the ravine to the main road ….. lost control of the steering wheel and could not recover his vehicle and hit the truck with the number plate … … … travelling from the direction of ….. to the direction of …… and in this incident, it was stated that our client committed the crime of encroaching on code 07 lane and therefore was at primary fault in this accident. In the same report, it is stated that our client could not be shown in the sketch because he left the scene.
4- It is not possible for us to accept the fault rate attributed to our client in the traffic accident report. Our client has nothing to do with the accident that occurred. On the day of the incident, while travelling from the direction of …. towards ……, our client overtook the vehicle travelling in front of …….. in a place where the traffic was open and there was no vehicle overtaking ban and continued on his way by entering his own lane. Our client did not overtake the oncoming vehicle. As stated in the Traffic Accident Detection Report, it is not possible for the vehicle with the licence plate number … … to fall into a ravine. Although the road where the accident occurred is a one-way road, there is a wide safety lane on the sides. Despite this safety lane, it is not possible for a vehicle that falls into a ravine to get back to the main road from the ravine. When traffic is congested on this road, traffic flows easily in four lanes. The incident occurred as a result of incorrect overtaking by the driver of the vehicle with the number plate … … … and our client has no fault in the incident.
5-It has become necessary to request the determination of fault by listening to our witnesses who saw the incident at the scene of the incident as a basis for the compensation lawsuit to be filed against our client in the future.
OUR EVIDENCE : Discovery and Expert Investigation,
Our Witnesses
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2-
CONCLUSION OF THE REQUEST : For the above-mentioned reasons, we request that a decision be made to make a discovery by an expert expert by listening to the witnesses named above who saw the incident at the scene of the incident to be the basis of the compensation lawsuit to be filed against our client in the future, and to determine whether our client is at fault in the accident that occurred, and if he is at fault, what the rate of fault is.
REPRESENTATIVE REQUESTING DETERMINATION
…….
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