The Road Company, obliged to pay compensation five years after an accident with a deer

Do you know your rights in the event of a wild animal accident? The administrator of a company was compensated by the Romanian state only almost five years after the occurrence of a road accident with a deer.

The deer suddenly appeared on the roadway Photo: Ora de Sibiu

Encountering nature on public roads can lead to unpleasant incidents. According to the Law, the compensations created by wild animals following road accidents are borne by the road administrator only in the situation where signs from the “Caution, animals” category are not installed.

If the indicator is on the road sector where the accident occurred, then the driver must repair his car himself.

However, there are situations when the road administrator refuses to pay the compensation and ends up in court. This is also the case in which the company Gad Construct Development SRL from Dâmbovița sued the National Road Infrastructure Administration Company (CNAIR) SA.

It was found that the car driven by the company's administrator, while traveling on DN 7, in the direction of Pitesti – Râmnicu Vâlcea, within the radius of the town of Drăganu (Argeș), collided with a deer that suddenly appeared on the roadway.

The road accident took place in April 2019, and following the impact with the animal, the car was damaged in the front right side, and the deer died. Although the traffic at the time of the event was congested and people were walking in a queue, the animal actually jumped in front of the driver, making it impossible for him to avoid the accident.

CNAIR obliged to pay compensation and court costs

After four and a half years of trial, the court found him guilty of paying the damage caused to the owner of the car. On February 23, 2024, the Argeș Court ordered CNAIR SA, through a final decision, to pay the sum of 13,827.98 lei, representing the value of the car repairs, but also the court costs, totaling approximately 8,000 lei.

The judges found that CNAIR, through the Regional Directorate of Roads and Bridges (DRDP) Bucharest – the road administrator, did not comply with its obligation to mount road signs with “Caution, animals”. Such an indicator was located, on that stretch of road, 3 km away from the accident site.

In the hypothesis that these warning signs had been installed before the incident occurred, the damage could possibly have been avoided by additional preventive driving, possibly at a lower speed. To do otherwise would be to accept that those indicators are useless in themselves, which is excessive“, it is stated in the file from the Argeș Court.

DRDP employees are the ones responsible for identifying and signaling potential dangers that may appear on the roads managed by the institution.