In the Brabant boning plant where Ana was employed with her fiancé, where Bela's parents worked and where recently Claudiu's son had also started work, almost exclusively migrant workers, many from Romania, work. The work is hard, the days are long, the pay is minimal. Large portions of those salaries are saved for a better future and provided for relatives in the homeland.
On the fateful Monday, eight Romanian employees of the boning plant get into a passenger van: two women and six men. Destination of the daily car ride is the small apartment where the group is staying, somewhere across the border in Germany. The van and the apartment are provided by the employer; an amount is deducted from wages for their use. Behind the wheel of the van is one of the employees, who - like the rest - has just finished a hard day's work.
Things go wrong not long after the eight left the deboning plant: the passenger van collides head-on with an oncoming truck on the left side of the road, probably because the driver of the van fell asleep. Three workers survive the traffic accident; five do not.
Meeting with victims and relatives
I am writing this blog on the plane on the way from Bucharest to Schiphol Airport. I find that the suffering of Ana, Bela, Claudiu and the others grips me.
In Romania, I spoke to Ana (now 22 years old), who narrowly survived the traffic accident. Her fiancé, Dorian, did not survive the accident. A few days before the accident, Ana and Dorian were celebrating his 27th birthday; they would have been married in September. In the accident, Ana was seriously injured. She additionally struggled with severe psychological problems. Dorian died in Ana's arms. Ana's grief breaks my heart.
I also spoke with Elena and Florentin. They lost to the traffic accident not only their son Dorian, but also daughter Gabriela (24). Gabriela was married to Horatiu (30), worked with him in the deboning business, and both were killed in the accident. Elena and Florentin are now caring for Bela, Gabriela and Horatiu's three-year-old son. Like all their peers, Gabriela and Horatiu lived very frugally: part of their income was for the upkeep of Bela and his grandparents, another part to provide a better future for Bela. Elena explains that she lives for Bela and proudly shows pictures of him. Florentin has the saddest eyes I have ever seen.
Finally, I spoke with Claudiu, Horatiu's father. With part of his income, Horatiu took care of his father, his brothers and his sisters. Claudiu - a big man - did not know where to go with his emotions.
Liability law in traffic accidents
The liability question is not the problem. Pursuant to Business Regulation 7 of the Insurers‘ Association, both Ana's and the next of kin's damages will have to be compensated on the basis of the so-called ’faultless third party regulation'. Moreover, pursuant to article 6:170 paragraph 2 of the Civil Code, the employer is liable for the damage, since that damage is the result of a fault of a subordinate in the performance of his duties. Pursuant to Article 7:611 BW, the employer has the duty to take out adequate insurance to cover the risk of damage caused by traffic accidents, failing which the employer is also liable for the damage. Finally, Section 7:658 of the Civil Code could lead to liability of the employer, as she allowed the car in question to be driven by a factory worker and not a qualified driver after a long and arduous working day.
Charting the damages will not be easy. There is a real chance that Ana has permanently lost some of her earning capacity. For Bela and his grandparents, the main source of income falls away, as does Claudiu and his family.
Recognition for their immaterial damages will not be given to the next of kin in principle, as affection damages will not be eligible for compensation until 2019. For example, Ana is entitled to grief compensation because of her injuries, but not because of the death of her life partner.
Hope for better working conditions
I have seen that family ties can be very powerful and I find it special that I get to work with these people. I am ashamed of the working conditions under which some employees have to work in the Netherlands, but I hope that the problems facing Ana, Bela, Claudiu and the others can be resolved soon and appropriately. Dutch liability law can play an important role here.
For more information about this blog, please contact the author, Bojan Dekker.
The names of the characters are fictitious; the facts described are real.