Civil liability for damages caused by the reciprocal collision of vehicles

Abstract

This article analyzes the liability system in cases of mutual collision of vehicles in traffic accidents. It is based on the legal regulation of the civil liability of the driver for material damages in the Law on Civil Liability and Insurance in the Motor Vehicles Circulation (LRCSCVM), and the evolution and jurisprudential interpretation performed in these cases. Next, the study focuses on the reciprocal vehicle collision, differentiating cases of proven fault and when the degree of fault of each driver cannot be determined, analyzing the different doctrinal positions and resolutions issued by our courts. Special consideration will be given to the last sentence issued by our Supreme Court, dated May 27, 2019, which establishes as a criterion that each driver assumes compensation for the damage of the other vehicle by 50%, although it opens the way for a possible new interpretation after the last reform carried out in the LRCSCVM.