Road Accident: in Order to Deprive an Alleged Wrong Driver of Compensation, He Must Prove His Wrongs

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The law limits the compensation of a wrong-doing driver, but the latter can only be deprived of it if his fault is proved and characterized The Court of Cassation has given reason to an injured motorcycle driver

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Factuality

Ownership

The principle of full compensation for damage implies that the person responsible for the damage compensates the victim for all the damage, without resulting in impoverishment or enrichment (Cass, 3rd civ, 21 November 2024, No. 23-13.989). However, it is not new that, on the basis of the common system of liability, the fault of the victim is likely to result in the exclusion or reduction of the right to compensation. Thus, the compensation due t…