Mr. Paulsen,

As a contribution to your efforts on the attainment of a general knowledge regarding the Turkish law , I will try to enlighten you from the viewpoint of our legal system and in the context of your given case and questions:

The case you've mentioned should be assessed mainly from two aspects:
a)Penal Law consequences
b)Civil Law Consequences
And the civil law sanctions might be considered from two aspects:

aa.Torts liability of general nature regulated by the Code Of Obligations(CO)
bb. Traffic liability of a specific nature regulated by the Road
Traffic Law(RTL)

The RTL defines a traffic accident as :
An accident occurred on the road involving one or more vehicles, mobile or not, having such results of death,injury or like damages.

As you may assume the answers directly vary according to the rules on which shall we base our evaluation.Anyway, I want to clarify the case by both approaches:

1.The claims of compensation in the torts liability is subject to 1 year from the date of awarenes on the occurrence of accident and the identity of perpetrators and 10 year from the accident in any case.This 1 year period exceeds to 2 years in the RTL.(Plus, both laws state that if criminal codes confer a more advantageous and long limitation phase then it may be applied providing the accident is considered as a penal offense)

2.The civil court of the place of the accident taken place ,as a rule, has a jurisdictive power. In addition, the court of the place where the defendant is resident owns competence either(Turkish Law of Civil Procedure Art. 10)The suit might be filed where the insurance(compulsory) companies' represantative or center is located.(RTL)

3.In the torts liability, the claimant should take the whole burden of proof, when the traffic liabilty is considered the liabilty turns to an extra-fault one (strict liability) and the defendant shall assume the burden of confutation.

4. Compensation for tangible or intangible damages may be sought .The indemnity limit depends on the gravity of the fault(intent,gross or slight negligence) involving the lost income ; exemplary damages are not stated overtly but this is within the discretionary power of the judge.

5.Witnesses may be enforced to attend a trial ; in case of the default of an admissible excuse of non-attendance they may be fined.Written statements may be accepted in exceptional cases.

6.As far as my little information on US law is concerned, the lawyers role in Turkish law system is really different from your system(especially in civil law).In Turkey, lawyer is not that active in the trials since most of the cases are depending on the written procedures.In case of witnesses, for instance, the lawyer (or client) may only enforce the judge to ask questions to the witness when his testimony needs clarity and a direct inquisition by the lawyers to the witness is not in question.But delivering arguments is possible by the attorneys within the limits of written procedure of course; and the bias on the part of client is normally expected.

7.The civil cases are tried before one judge (Court of Peace and Court of First Instance)The judges are faculty of law(4 years of education) graduates and subjected to a written and oral exam of qualification on occupational knowledge by the Ministry of Justice and than a related phase (2 years)of training before taking office. An allegation of being biased on the part of one side , he/she may be challenged for denial or if a decision was already given he/she may be complained since it constitutes a criminal offence set by the Turkish Penal Code.

8. Yes, the loser of the case may undertake the legal expenses.(Not including the contractual fee of an attorney only a limited sum of money set down by law)

9.This process may exceed 1 year when we take into account the incapabilities of our courts and the time-depleting procedures such as summons of witnesses and adjustment of damage.

10.Appealling is possible to the Supreme Court on the grounds of breaches of law as procedure or merits of a case.Additionaly, appeals of redress or adjustment on the court de cassation are probable.

11.You may get in touch with your colleagues in Turkey or may expand your exploration in the net for relevant information.(Or questioning here again

Av.Bülent Sabri Akpunar