A court ordered the “Aurora” transport company to pay over 3.4 million hryvnias in connection with a fatal traffic accident caused by one of its drivers
21 May 17:11
The Obukhiv District Court of Kyiv Oblast ruled in favor of the plaintiff in her civil lawsuit against LLC “Trading Company ‘Aurora’.” The case concerned compensation for material and emotional damages resulting from the loss of a breadwinner in a traffic accident. According to the court’s decision dated April 6, 2026, the company was ordered to pay a total of over 3.4 million hryvnias to the family of the deceased, reports "Komersant Ukrainian", citing the court’s decision .
Circumstances of the Case and Criminal Sentence
The accident occurred on August 6, 2020, at approximately 8:00 a.m. on Highway H-01 “Kyiv–Znamianka” near the town of Obukhiv. The driver of LLC TK “Aurora,” while driving a company-owned Skoda Octavia A7 under the influence of drugs, was traveling at a speed of 88–108 km/h. He failed to maintain a safe distance and collided with a ZAZ-1102 driven by the plaintiff’s husband.
As a result of the impact, the ZAZ overturned and veered into the oncoming lane, where it collided with a Toyota Camry. The passenger in the ZAZ (the driver’s brother) died at the scene. The driver of the ZAZ sustained severe bodily injuries and, after prolonged treatment without regaining consciousness, died on July 18, 2021.
By a judgment of the Obukhiv District Court dated February 13, 2023, which was subsequently upheld by the appellate and cassation courts, the driver was found guilty of committing a criminal offense under Part 3 of Article 286 of the Criminal Code of Ukraine and sentenced to 9 years of imprisonment. Compensation for the damages suffered by the victims’ mothers was awarded within the criminal proceedings. At the same time, the widow of the deceased, who was officially recognized as a victim, did not file a civil claim during the pre-trial investigation or the criminal trial; therefore, she filed a civil lawsuit in August 2025.
Position of the Defendant (Aurora Trading Company LLC)
In his response to the complaint, S. O. Voronyuk, the attorney representing the trading company “Aurora,” objected to the full satisfaction of the claims, citing the following circumstances:
- Work Schedule: The traffic accident occurred at 8:00 a.m., whereas according to the driver’s job description and internal regulations, the workday begins at 9:00 a.m. Therefore, in the defendant’s opinion, at the time of the accident, the employee was not performing his work duties.
- Suspension from work: Two days before the accident (August 4), the company had documented the driver’s absence from the workplace. Employees learned that the police had confiscated the driver’s license for driving under the influence. On August 5, an order for an internal investigation was issued, and the driver was suspended from driving company vehicles, of which he was informed. He had left the vehicle at home the day before.
- Absence of an Assignment: At the time of the accident, the driver did not have a route sheet with him and was not performing company duties.
- Objections to financial claims: The defendant’s defense noted that the plaintiff had not provided sufficient evidence of the deceased’s income, that expenses for medication were not confirmed by medical records, and described the filing of the lawsuit as “artificially creating the conditions for claiming moral damages as a means of obtaining financial gain.” It was also noted that the company is currently operating at a loss due to property damage resulting from rocket fire in October 2022.
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The Court’s Rationale
Judge O. M. Zinchenko rejected the defendant’s arguments, relying on the provisions of Part 1 of Article 1172 of the Civil Code of Ukraine, according to which a legal entity or individual is liable for damages caused by its employee while performing their labor (official) duties.
The court took into account the circumstances established by a previous final court judgment dated February 13, 2023, which included the defendant’s own testimony.
“…On August 6, 2020, at 7 a.m., he drove a ‘Skoda’ from his place of residence to Kyiv with the intention of leaving the car in the company’s parking lot, since on August 5, 2020, he was informed of his suspension from work due to the fact that on August 4, 2020, a report was filed against him for driving a vehicle while intoxicated, and his driver’s license was confiscated. He had left the car at his place of residence, as instructed by management, and on that day he was driving the car to leave it at the company.”
The court also referred to the findings of the court in the criminal proceedings regarding internal control at the company:
“…the court has not been provided with evidence that LLC TC ‘Aurora’ reported the unlawful possession of the vehicle to law enforcement authorities; no evidence has been provided regarding the results of an internal investigation or information about the defendant’s work schedule; and therefore, taking into account Part 1 of Article 1172 of the Civil Code of Ukraine, the obligation to compensate for the damage rests precisely with the legal entity as the owner of the vehicle.”
In addition, the court noted the improper organization of work at LLC TK “Aurora” regarding control over its own vehicle fleet, since the company lacked documents regarding the whereabouts of vehicles during working hours (trip tickets), and daily medical examinations of drivers were not conducted.
The court found the calculation of material damages resulting from the loss of a breadwinner for two minor children to be reasonable, as it was based on the legally established minimum wage rates for the relevant periods (from the date of the breadwinner’s death until the children reached the age of majority). Expenses for medical treatment and the construction of a memorial (200,719.74 UAH) were substantiated by tax receipts, sales receipts, and payment orders.
Compensation
The court ruled to grant the plaintiff’s claims in full and to recover from Limited Liability Company TK “Aurora”:
- 1,200,000 UAH — for emotional distress due to the loss of the breadwinner (600,000 UAH for each minor child);
- 200,719.74 UAH — for material damages related to the deceased husband’s medical treatment;
- 652,800 UAH — for material damages due to the loss of a breadwinner in favor of one son;
- 1,356,800 UAH — material damages due to the loss of a breadwinner in favor of the second son;
- 1,211 UAH 20 kopecks — court fees in favor of the state.
The court’s decision becomes final after the expiration of the deadline for filing an appeal by all parties to the case, provided no appeal has been filed.
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