Abstract:

In Turkey, road transport is the first choice with 89.8% of passenger transport. In order to talk about road transport, it is necessary to carry out the carriage on roads, highways, bridges and similar structures and areas, which are open to traffic for traffic. In addition, the transport work must be done publicly on the open road with a vehicle moving with the machine power. The legal responsibilities of certain persons or persons come to the agenda in the case of the loss caused by road transport. That is, the existence of a mutual contractual relationship between the victim and the road carrier, which carries the subject matter of transport, creates a contractual responsibility called "the legal responsibility of the carrier". The responsibility is shaped by whether the transport is subject to a passenger, baggage or load and where the damage affects them. Nevertheless, it can not be assumed that the person who is damaged as a result of the accident is always in a contractual relationship with the road carrier. In this case, the "non-contractual legal liability of the motor vehicle operator" is incurred if the motor vehicle or vehicles damage a third person who has no contractual relationship with the carrier. This responsibility is described as "hazard responsibility" based on non-contractual grounds. In addition, it is possible for passengers who have a transit relationship with the transporter to enter into contractual provisions of the hazard liability for damage caused by the motor vehicle. In such a case, contractual liability and non-contractual liability provisions compete and the aggrieved person may resort to any request. At the same time, the carrier's contractual liability is described as "aggravated defective liability". The actual debt arising from the carriage contract of passenger transportation by road is to deliver the right of way to the destination. In this respect, the passenger's death, injury or loss of a passion means a violation of this obligation

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