A driver caused the death of his companion by a rare mistake… and the court obliged him to pay blood money and a fine

The Dubai Courts examined a rare traffic case in which a driver at a company was accused of allowing a workers’ supervisor to sit next to him in the front passenger seat without fastening his seat belt or ensuring that the door was closed tightly. While he was turning the vehicle on a roundabout in the road, the door suddenly opened and the supervisor fell from the vehicle and was exposed. He suffered severe injuries that led to his death.

The Public Prosecution referred the accused to the Traffic Court on charges of accidentally causing the death of a person. The court ruled to convict him and punish him with a fine of 10,000 dirhams and obligate him to pay a blood money of 200,000 dirhams to the family of the deceased.

The details of the case, according to what was confirmed and reassured by the court, and stated in the Public Prosecution’s investigations and court sessions, stated that the accused did not adhere to the necessary caution and caution while driving, and did not do his role in ensuring the validity and safety of the vehicle, which led to the passenger door opening on the roundabout and the victim falling.

A prosecution witness, the traffic accident planner, said that by moving and inspecting the accident site, it was confirmed that the responsibility falls on the driver given that he drove the vehicle without ensuring its safety, by ensuring that the passenger door was tightly closed, and allowing him to sit without wearing a seat belt, pointing out that when turning The car was inside the roundabout, and the passenger door suddenly opened and the companion fell and suffered severe injuries to the head and other parts of his body, which led to his death.

When asked by a vehicle technician, he stated in the Public Prosecution’s investigations that it was proven through the examination of the passenger’s right front door lock that there was a defect that prevented the door from closing normally, and required pushing it forcefully from the outside to close it, indicating that this procedure was not implemented when the person who had fallen was riding.

In turn, the accused said in the Public Prosecution’s investigations that he works as a driver for a company and his job is to transport diesel to cranes at a work site in the Lahbab area, and the workers’ supervisor asked him to transport it to his car, which he left at another site three kilometers away from the place where they were located.

He added that the supervisor rode next to him and did not fasten his belt, and sat leaning on the door next to him, to talk to him, and when he started driving and reached Al-Nakhli Roundabout and began to turn around inside, he was surprised that the door opened and the workers’ supervisor fell on his head.

He indicated that he immediately stopped and carried him with another person and placed him on the side of the road, then he informed the ambulance and the police.

The report of the Technical Committee for Traffic Accidents concluded that the responsibility for the traffic accident lies with the accused driver and the victim as a result of negligence and lack of attention while driving.

The forensic medical report confirmed that the plaintiff suffered a contact traumatic injury consistent with a fall from the vehicle, resulting in skull fractures and brain bleeding that led to the cessation of blood circulation and breathing.

A report by experts from the Machinery Traces Examination Department of the General Department of Criminal Evidence stated that the accident occurred as a result of a defect in the passenger door leaf closing mechanism, which led to it opening when the vehicle was exposed to vibration.

The accused repeated his confession before the court when he was asked about the charge against him, and asked for mercy.

The court prefaced its ruling by noting that the trial court may extract its belief from the totality of the evidence and elements presented from any evidence or presumption that the judge is comfortable with.

It stated that what was established was the driver’s negligence and his failure to take the necessary care and caution, and to ensure the validity and safety of the vehicle, which led to the accident, the injury of the victim and then his death, and then it concluded to convict him and punish him with a fine of 10 thousand dirhams and obligating him to pay a blood money of 200 thousand dirhams to be paid to the heirs of the deceased.

mfouda@ey.ae