The court ordered the Reconstruction Service to pay more than 780,000 UAH in compensation for a traffic accident caused by the condition of the road
The Supreme Court ruled that the Road Maintenance Service must pay the owner of a Porsche more than 780,000 hryvnias in compensation for a traffic accident that occurred due to the poor condition of the road. The court emphasized that the presence of a contractor does not relieve the responsible agency of its obligation to ensure the safety of the road surface.
The Supreme Court upheld the appellate court’s decision to award over 780 thousand hryvnias in compensation for property damage to the owner of a Porsche Panamera, who was involved in a traffic accident due to the poor condition of the road surface on the Kyiv–Chop highway in Zhytomyr Oblast. This decision was rendered by a panel of judges of the Second Judicial Chamber of the Civil Court of Cassation in Case No. 278/1722/21.
In June 2021, the plaintiff filed a lawsuit against the Infrastructure Restoration and Development Service in Zhytomyr Oblast, seeking 1,226,183.49 UAH in damagesa traffic accident that occurred on November 13, 2020, at the 138 km mark of the Kyiv–Chop highway. The claim was based on the plaintiff’s assertion that the accident was caused by a nine-meter-long rubber structure that was improperly secured on a expansion joint in the road surface, which resulted in a loss of control and mechanical damage to the vehicle.
Based on the results of an expert examination, the amount of property damage was determined to be 780,458.60 UAH.
On November 1, 2024, the Zhytomyr District Court dismissed the claim, noting that a causal link between the condition of the road and the traffic accident had not been proven.
However, on January 16, 2025, the Zhytomyr Court of Appeals overturned this decision and issued a new ruling, partially granting the claim and ordering the Infrastructure Restoration and Development Service to pay:
- 780,458.60 UAH for property damage;
- 15,000 UAH in legal fees;
- 19,496.33 UAH in court fees.
An additional ruling dated January 22, 2025, also ordered the Infrastructure Restoration and Development Service to pay 4,800 UAH in expert examination costs.
The Court of Appeals concluded that the Infrastructure Restoration and Development Service, which is responsible for the condition of roads in the region, failed to ensure proper maintenance of the road surface. This was the cause of the traffic accident and the damage to the plaintiff’s vehicle.
Disagreeing with the appellate court’s decision, the Infrastructure Restoration and Development Service in Zhytomyr Oblast appealed to the Supreme Court. It insisted that the traffic accident occurred not because of the condition of the road, but due to the Porsche driver’s inattention. The defendant also noted that a contractor was responsible for maintaining that section of the road; therefore, in the Service’s opinion, the contractor should bear responsibility for any defects in the road surface.
The Supreme Court emphasized that, in accordance with Articles 22 and 1166 of the Civil Code of Ukraine, property damage is subject to full compensation by the person who caused it. To establish liability, it is necessary to prove the existence of damage, unlawful conduct, a causal link between such conduct and the damage, as well as the fault of the party causing the damage. In this regard, it is the plaintiff who must prove the fact of the damage and the causal link, while the defendant must prove the absence of fault.
The court noted that the Law of Ukraine “On Road Traffic” and the Law of Ukraine “On Motor Roads” guarantee road users the right to safe travel conditions and compensation for damages caused by road conditions that do not meet safety requirements. Road owners or their authorized bodies are responsible for ensuring safe traffic conditions and are obligated to compensate for damages if a traffic accident occurred due to improper maintenance of the road infrastructure.
The courts have established that the government agency responsible for managing public roads in Zhytomyr Oblast is the Zhytomyr Oblast Infrastructure Restoration and Development Service, which is responsible for the relevant section of the Kyiv–Chop highway. The Supreme Court also agreed with the conclusions of the appellate court that the Infrastructure Restoration and Development Service in Zhytomyr Oblast is liable to road users for damages caused by the improper maintenance of public roads.
The court also rejected the arguments in the cassation appeal regarding the liability of the contractor. The panel of judges emphasized that the case file contains no evidence that the contractor properly performed the work on the section of the road where the traffic accident occurred. At the same time, the client was obligated to monitor the contractor’s performance of its duties and ensure the road was in a safe condition. The contractor’s failure to perform or improper performance of the contract terms does not relieve the client of liability to third parties.
Following its review of the case, the Supreme Court dismissed the cassation appeal filed by the Infrastructure Restoration and Development Service in Zhytomyr Oblast and upheld the appellate court’s decision, according to the Judicial and Legal Gazette.
As a reminder, a major traffic accident occurred in Kyiv on June 5, resulting in the deaths of four people and injuries to three others. The accident occurred around 5:30 p.m. at the intersection of Vadym Hetman and Ushynsky Streets near Karavaevy Dachi. Two young police officers were killed in the accident.
The day before, a farewell ceremony for two beat officers from the Solom— Lieutenant Denys Budchenko and Senior Lieutenant Dmytro Bondarchuk.
