TO THE HONORABLE COURT
…….
PARTY REQUESTING DEFECT DETERMINATION: …….
ATTORNEYS: …….
SUBJECT: Regarding Our Request for Determination of Fault
EXPLANATIONS: 1- On ……. day at approximately ……. o’clock, our client, the owner of the vehicle with license plate number ……. while traveling from ……. towards ……. on the Highway, was stopped by Traffic Police at the …… Hospital Road junction and was accused of causing an accident resulting in material damage and injuries in front of Döngel Mudurnu Poultry Farm.
2-The Traffic Accident Report, prepared in the absence of our client, was drawn up based on the statements of the drivers of vehicles with license plates .. .. …. and .. … .. This Traffic Accident Report does not reflect the facts.
3-The Traffic Accident Report states that our client, who was the owner and driver of the car with license plate number ……. was traveling from ….. towards ….. when he came to the front of ….. and, while overtaking the vehicles traveling in the same direction in front of him during heavy traffic, the driver …. … …license plate number truck traveling from the … direction to the … direction. It is stated that our client committed the offense of violating lane 07 in this incident and is therefore primarily at fault for this accident. The same report states that our client left the scene of the accident and therefore could not be shown on the sketch.
4-We cannot accept the fault ratio attributed to our client in the traffic accident report. Our client had no connection to the accident that occurred. On the day of the incident, our client was traveling from … towards … and, in a place where traffic was flowing freely and there was no overtaking ban, overtook the vehicle in front of him and continued on his way after returning to his own lane. Our client did not squeeze the oncoming vehicle. As stated in the Traffic Accident Report, it is not possible for the vehicle with license plate number … … to fall into the ditch. Although the road where the accident occurred is a two-way road, there is a wide safety lane on both sides. Even with this safety lane, it is impossible for a vehicle that has fallen into the ditch to return to the main road from the ditch. Traffic flows smoothly in four lanes on this road during times of heavy traffic. The incident occurred as a result of the driver of the vehicle with license plate number .. … .. making an improper passing maneuver, and our client is not at fault in the incident.
5-In order to serve as the basis for a future compensation lawsuit against our client, it has become necessary to request that witnesses who saw the incident at the scene be heard to determine fault.
OUR EVIDENCE: Investigation and Expert Examination,
Our Witnesses
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CONCLUSION: For the reasons stated above, we request that an expert examination be conducted by an expert witness, based on the testimony of the witnesses named above who witnessed the incident at the scene, to determine whether our client was at fault in the accident and, if so, the degree of fault, to serve as the basis for any future compensation claim filed against our client.
ATTORNEY REQUESTING DETERMINATION