What happened?
The Supreme Court ordered a bus company to compensate the sister of a passenger who died in a road accident in the Ovalle commune, in the Coquimbo region.
According to the facts presented before the court, the accident occurred at 04:24 on the morning of July 11, 2016, when Andrea Carrasco Fierro She was traveling as a passenger on the interprovincial bus of the Empresa de Transportes Rurales SpA (Tur Bus) from Santiago to La Serena.
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At the height of the El Teniente bridge, in the commune of Ovalle, on Route 5 North, the bus overturned on a curve, an accident that caused the death of four passengers, including Andrea, who died due to a multiple craniocerebral trauma product of the accident.
After the incident, his sister filed a lawsuit for compensation for damages against Empresa de Transportes Rurales SpA.
THE LAST
A report from the Carabineros SIAT determined that the driver had driven “in poor physical condition (sleep, tiredness or fatigue)”which caused him to lose “control and maneuverability of the vehicle”, causing the machine to overturn.
On July 29, 2019, more than three years after the accident, Francisco Guajardothe bus driver, was sentenced to 540 days of minor confinement in its minimum degree for his responsibility as the material and direct perpetrator of four quasi-murder crimes.
Additionally, his driver’s license was suspended for a period of two years and he was prohibited from holding public office or office during the time of his sentence.
Victim’s sister will receive $25 million
In the first instance, in May 2022, the 29th Civil Court of Santiago accepted the main lawsuit and ordered the bus company to pay the sum of $25,000,000 to the victim’s sister as compensation for moral damage.
However, the defendant company filed an appeal on the merits, which was rejected by the Supreme Court.
In a unanimous ruling, the Fourth Chamber of the highest court confirmed the sentence that condemns the company to pay $25,000,000 for moral damagesto the sister of a passenger who died in the traffic accident recorded on Route 5 North, in July 2016.
The court determined that there was “a correct application of the relevant regulations”, since “the driver, owner of the vehicle and its holder in any capacity, are jointly and severally responsible for the damages or losses caused by its use.”
