Civil liability in the circulation of motor vehicles and the appealability of article 45 of TRLRCSCV

Abstract

The extensive study throughout history of both civil liability and the circulation of motor vehicles has led us to have a great diversity of regulations that, even today, cannot cover all the cases of damage that are generated today. In cases of damage in traffic accidents, we can speak of both civil and criminal liability, but we wanted to focus on the difficulties of determining civil liability according to the elements that must necessarily be found in each case. We wanted to take advantage of this subject to mention an issue of special interest, namely the Supreme Court's application of article 45 of the TRLRCSCVM in STS 69/2025, which we have analysed throughout this article, discussing issues such as the transfer of credit rights and the reduction of compensation established for personal injury in traffic accidents to the heirs.