Accident involving tar truck and sports cars generated a debate on social networks, we consulted a lawyer to elucidate
This Sunday, a video from the Nicolinha Garage profile went viral where it shows 10 cars that were hit by tar. A hose from the truck carrying the substance burst and hit the vehicles, the driver claimed that he will not pay for the damages because the cars were parked in a prohibited place.
The damage in question is the tar stuck to the car. Removal requires careful cleaning with specific products to remove dirt without ruining the paint. Car care brands offer this type of remover.
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The fact that the cars were parked in a prohibited place generated a discussion on social networks about the responsibility of those who were driving the truck. The most repeated is that he should not be responsible because the cars were also wrong.
To elucidate on the subject, we consulted a lawyer. According to Dr. Geraldo Teixeira de Lima, a traffic violation does not cancel damage to the property of others:
The damage is a separate discussion from the traffic violation.
Dr. Geraldo also commented that a tar truck may be at the service of the city hall or some state agency. If this is the case, the authorities must be jointly and severally liable for the loss of the vehicle owner.
If a public agent causes damage to private property on public roads, he has what is called Objective Civil Liability. He bears the loss, period.
With this, the government first indemnifies the citizen who suffered the damage and then the state discusses responsibility with the public servant. But for that, the owner of the parked car has to go to the city hall to have this compensation.
The update given by Nicolinha Garage on social networks shows that he took one of the cars to a detailer. The tar was removed using the appropriate products.
