عنوان مقاله [English]
نویسنده [English]چکیده [English]
Background and objectives: For the realization of civil liability, the physical intervention of individual in the harmful event is always necessary. Material intervention is the person's physical relationship with the accident and this relationship may be associated through personal act, object act and other's act. Therefore, personal act is one of the person's material interventions in the harmful event. Personal behavior means the intentional or unintentional act or omission committed by the person that leads to a harmful incident. This study aims to explain the civil liability of traffic police employees in the detrimental or harmful act or omission. This article has been arranged in two parts. The first part deals with the civil liability regarding the harmful act. The second part analyzes the civil liability of traffic police about the omission.
Methodology: This study is of a descriptive-analytic research type. Its findings were analyzed using library resources and current cases in the judiciary.
Findings and results: Neglect and failure of individuals and organizations (such as municipalities, departments of transportation, electricity, etc.) cause fatal accidents and imposes irreparable damage to people and the government. The above mentioned organizations should coordinate their operations with traffic police before conducting any operations and immunize their operative workshop sites with standard signs and according to the sections of 211 and 212 traffic regulations, which are also examples of omission for traffic police, the police are obliged to stop individuals and organizations that conduct operations without following the rules of safety on the roads. Obviously, otherwise, the police will also be responsible among those organizations. Experts of accidents have to determine the negligence caused by acts or omissions of police or police officer in accidents, and they are obliged to determine their responsibility and reflect it to the judicial authorities in the crash report letter.