The Journal of Critical Analysis of Judicial Decisions

The Journal of Critical Analysis of Judicial Decisions

Dying in the Railway Area, Responsibility and Competent Authority: Analysis of an Decision of the Court of Appeal of Tehran Province

Document Type : Criticism of the judgment of the Court of Appeal

Authors
Hassan Mohseni 1
Mobina Borhani 2
1 Professor, Faculty of Law and Political Science, University of Tehran, Tehran, Iran
2 Master's degree student in Commercial Transportation, University of Tehran, Tehran, Iran
10.22034/analysis.2025.2048065.1099
Abstract
Determination of the amount of liability in railway accidents is the responsibility of the Railway Accident Commission, while the issuance of a judgment on damages in a civil lawsuit or liability in a criminal claim is in the jurisdiction of a competent court. However, prior reference to the Commission is not required, and the claimant or plaintiff can request the Commission's opinion as evidence during the process of the lawsuit or complaint. Moreover, the court can directly refer the matter to the Commission to determine the extent of liability. Mechanisms for objecting to the Commission's opinion are foreseen in the relevant regulations, but in any case, the Commission's opinion is considered as an expert opinion. Although the nature of the accident has an impact on who the party to the lawsuit is, in any way, rail transport law in the field of accidents requires serious investigation and study.
Keywords
The Railway Accidents
Railways
Rail Transport
Railway Accident Commission
The Journal of Critical Analysis of Judicial Decisions
Volume 4, Issue 7 - Serial Number 7
August 2025
Pages 376-391