Factors for amnesty for civil liability for electric vehicle accidents in Iraqi and Iranian laws

Abstract

One of the specific issues of civil liability is the issue of damages resulting from traffic accidents. Especially today, accidents caused by smart cars have been added to this problem. One of the important questions in this regard is the factors of exemption of the defendant in the lawsuit related to damages resulting from traffic accidents. This research is conducted in a descriptive, analytical and comparative manner. According to the findings of this research, in both legal systems, external factors, including third-party intervention, the injured party's action and the Cairo force, cause the defendant's exemption from civil liability.

In the Iranian and Iraqi legal context, I believe that in some cases, the driver's exemption from liability is strongly linked to natural factors, such as bad weather or unforeseen accidents. However, the driver's exemption from liability should not be a mere legal indulgence; rather, it should be based on a careful examination of the circumstances. In my opinion, natural factors are an essential part of the exemption in electric vehicle accidents, but a prerequisite must be that the driver was in a position to take preventive measures. Exemption should be granted if it is proven that the driver did everything possible to avoid the accident, but if it is found that the driver was negligent in taking appropriate measures, they should remain liable for the accident.