Changes of Civil Responsibility in Driving Accidents Emphasizing New Rules of Investigation into Driving Violations

Accidents due to driving and being in charge of engine-driven transportation devices have been the most common events in recent years. Policies related to secure disciplines acknowledge that regarding the social nature of man accidents caused by human mistakes are unavoidable. Therefore, in order to make up for human mistakes, it is necessary to pass some laws to secure other elements of driving accidents, such as road and transportation devices. Of course it seems that one of the most important rules effective for administrating justice to people who cause damage from driving accidents, and for decreasing these accidents, is note 3, matter 4 of driving collision rule approved in 1389. According to this note collision experts had to consider deficiencies in road and transportation devices in driving accidents. Also they should declare defects of related organizations in their reports. By doing so those organizations become responsible for their deficiencies. The approach of the new rule is to provide as much protection as possible for people who are harmed by such events. This study has considered changes of civil responsibility in driving collisions with emphasis on new rules for investigating driving violations. The aim of this research is to determine the basics of civil responsibility in driving collisions, especially collisions in which some factors (road and transportation devices) other than human are to blame. This research has been carried out using documentary and library sources to collect required data and information. It means by studying available and related sources, including books, articles, magazines, theses and scientific research, the required information has been compiled. The information and data have then been analyzed by using analytical and descriptive methods. The results indicated that in Iran the responsibility is based on defect theory and sometimes moves towards danger theory. Of course religious jurisprudence laws justify civil responsibility in traffic collisions. At the end some suggestions have been submitted for required new rules of investigation of driving violations after determining described basics.