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Ruling Recognizes Failure in Federal Highway and Forces Concessionaire to Pay Material and Moral Damages to Driver Who Rolled Over After Pothole on the Road, Court Confirms Compensation for Accident on Highway.
The Justice upheld the conviction of a concessionaire to pay over R$ 67,000 in compensations to a driver who rolled over her car after hitting a pothole on BR-040, near the municipality of Caetanópolis (MG). According to ConJur, the 5th Civil Chamber of the Court of Justice of the Federal District unanimously decided to confirm the ruling that had already been issued by the 3rd Civil Court of Brasília.
According to the records, the driver lost control of the vehicle when passing over the depression in the road, resulting in a rollover and total loss of the automobile.
In addition to material damages, she alleged that she suffered emotional distress, which is why the Justice ordered payment of R$ 57,199.67 for material damages and R$ 10,000 for moral damages, totaling over R$ 67,000.
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Concessionaire’s Arguments and Court’s Decision
The concessionaire appealed, claiming that there was no unlawful act on its part and that there was no evidence of the pothole’s existence on the highway.
It also argued that the amount set for moral damages was excessive and inconsistent with the parameters of jurisprudence.
However, as highlighted by ConJur, the TJ-DF panel rejected the defense’s arguments.
A forensic report confirmed that the determining cause of the accident was passing over the depression/wave in the road.
According to the judges, the documentation presented by the company aimed more to “evade the concessionaire from compensating for the damage” than to technically clarify the facts.
Responsibility for Poor Maintenance of the Highway
The rapporteur of the appeal, Judge Maria Ivatônia, emphasized that the evidence submitted to the case, especially the document prepared by the Federal Highway Police, clearly indicated the responsibility of the concessionaire.
For the panel, it was established that the company had the obligation to keep the road in proper traffic conditions, which did not occur in this case.
The understanding was that it was not merely an annoyance, but an accident with serious consequences for the driver, who suffered significant material damage and moral damages resulting from the trauma experienced.
What the Ruling Represents for Drivers and Concessionaires
This ruling reinforces the position that concessionaires have the duty to ensure the maintenance of the highways under their responsibility, answering for failures that put the safety of users at risk.
The conviction shows that, even in the face of defense attempts, Justice has relied on technical evidence and official reports to ensure compensation for victims.
For drivers, the case serves as a warning about the importance of filing incident reports and seeking evidence in situations of accidents related to highway infrastructure.
For concessionaires, the ruling is yet another indication that negligence in maintaining roads can lead to heavy compensation.
The case of BR-040 highlights how Justice has seriously addressed the responsibility of concessionaires regarding road safety.
The compensation of over R$ 67,000 imposed by TJ-DF not only compensates the harmed driver but also serves as a message for companies in the sector to invest in preventive maintenance.
Do you think decisions like this really compel concessionaires to improve the condition of the highways? Or is there still a lack of rigor in the enforcement of federal highways? Leave your opinion in the comments — we want to hear from those who face potholes and failures on Brazilian highways daily.
Ta, alguém me explica o que tem a ver, a concessionária com buracos nas rodovias?
Tipo nois paga IPVA, IPTU, Imposto que não acabam nunca, multas abusivas, os roubos dos patio e guincho do Detran, tudo vai pro Governo/Estado, que deveria fazer as manutenções em geral, rodovias, BR, Estradas, ruas…
Nada disso vai para concessionária !
Então o que eles tem haver ?
Realmente, em muitas rodovias é claro o descaso das concessionárias no que se refere a Manutenção/Sinalização em muitas das nossas rodovias, sendo assim é justa a indenização dos acidentados