Howard Varas, attorney and legal counsel | The company and the insurer will also be responsible | freedom | Peru

Lawyer and legal adviser Howard Varas Arteaga met with Diario Correo about the disaster that occurred on the road. Trujillo–bacon mayo last Friday the 18th and warns of the alarming frequency at which these traffic accidents occur. In this interview, the expert warns of the legal consequences of the tragic accident and the corresponding rights for the victims. Criminal liability will not only be imposed on the driver of the vehicle, but will also be extended to other actors.

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What legal and criminal consequences could this have, regarding what happened in San Pedro de Lloc last Friday, the 18th?

In this incident, the traffic accident that occurred in San Pedro de Lloc, involving a vehicle belonging to the Emtrafesa company, left about 12 dead and many injured. Well, it is clear that the driver, who will be brought to legal action due to the death of these people, has criminal responsibility. I understand that SUTRAN also filed a criminal complaint with the prosecutor’s office, and also in the same criminal prosecution, issues related to civil compensation will be discussed, namely, who is legally responsible when talking about compensation. beyond the commission of the crime.

It was mentioned that the driver was talking on the phone while driving, what does that mean?

If the driver is confirmed to be driving while using a cell phone or answering a phone call, it may be considered negligence to drive the bus and may have civil and criminal liability and possibly administrative liability for part of the company.

What sanctions can be applied to the driver?

In this case, the driver would be tried for willful murder, violation of technical traffic rules and causing various damages and deaths. In principle, it will face criminal prosecution for manslaughter and willful injury, and secondly, the company, the driver; In addition, in such a case, the vehicle owner and the insurer may assume legal responsibility for the losses incurred. It’s important to mention a little bit of legal liability here, the role the insurer can play, there are many situations where insurance coverage is not activated properly and since these insurance policies serve to address exactly this contingency, it shouldn’t be. class.

According to the information known so far, the driver came from a journey that ended at 1:00 am and made his next journey at 6:00 am. The company will also be responsible here, right?

Yes, the company will have legal liability. The traffic law states that those who are jointly and severally liable have three subjects to which they speak civilly, the owner of the vehicle, the driver of the vehicle, the company providing the service, and the Civil Code adds one more: the insurer. Compensation lawsuits are filed against these four people, it can be one of them like all of them. If it is proven that the worker worked excessively on the day of the incident, the company manager may also have criminal liability.

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In terms of design, the region seems to be suitable for these disasters in terms of infrastructure… What effect does this have or what does it have to do?

On certain ovals of the North Pan-American highway, it is common for vehicles to mislead or roll over from time to time. Probably because of the road design, maybe they are very clear or very prominent ovals. If it was shown that these roads were poorly designed and that traffic incidents were a direct result, they might also have a responsibility, but it would have to be studied in depth and would have taken much more time.

Regarding victims, what rights will they have?

I’ve been saying for a long time that traffic accidents actually do more damage than COVID. A social virus that has done invisible harm to me and continues to be a problem between individuals, the company, the victims and their families. However, due to the size and frequency of these events, there is already a link that I think should be a public policy issue.

The rights of the victim are twofold, one is from insurance law, because there are invisible insurances that can always come into play in a traffic accident; however, due to the low dissemination of information, victims often do not seek their rights and write prescriptions. On the other hand, the rights of the victim should be compensated by those who cause harm as well as those responsible.

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Any recent comments or anything else you would like to add?

What I can add with a little appeal to families is that they need to understand that traffic accidents are like Russian roulette, that they can happen to anyone at any time, regardless of the intent or negligence of the driver or the responsible company. . It is important that they receive quality information and expert advice so that they can protect their rights and compensate for the harm they have suffered. In principle life cannot be compensated, but they are entitled to compensation for their personal and economic damage, so they must look for quality information on the internet or any other public place or perhaps they can find it. report. . This is what I can contribute in this sense, because they have rights that they may not even dream of.

Unfortunately, many people do not have access to the information itself, the internet or other media.

Yes, but there is always something to be done. As a law firm, we are always disseminating advice on this and are ready to improve it.