An energy company must indemnify a driver who had his vehicle damaged due to an object forgotten on the side of a highway, after maintenance on the electrical grid. The court ordered the company to pay more than R$8,000 to the driver who suffered the accident.
According to the sentence, the instrument is used to immobilize vehicles during long operations in a busy place. The magistrate in charge of the case found that the company provided service in the vicinity of the accident site the day before the fact and ended up abandoning the object used in service on the highway, which caused damage to the applicant’s car.
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As for the concessionaire’s argument that the device was on the shoulder, a place where the perpetrator could not pass, according to the Traffic Code (CTB), the judge took into account that the shoulder is a space on the side of the road intended to stops and parking in case of emergencies, and there cannot be any objects in this place.
Thus, taking into account the proven material damage, the magistrate of the 2nd Special Civil, Criminal and Public Treasury Court of Aracruz determined that the energy company pay the owner of the vehicle the amount of R$6,946.00, spent on repairs, plus of R$ 250.00, referring to the winch, as well as compensation for moral damages in the amount of R$ 1 thousand.
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Tags: Object forgotten highway accident driver receive thousand
