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Incidents whereby individuals harm each other using motor vehicles occur every day. In such events, damages will need to be determined. Since traffic accidents occur on a daily basis, one might think that resolving matters concerning damages arising from traffic accidents is a routine job for courts. The Estonian example vividly illustrates that this is not necessarily so. This article is inspired by the judgment of the Estonian Supreme Court of 19 March 2013 in civil case no 3-2-1-7-13, in which the court explains in detail the determination of damages in a situation where two motor vehicles have caused mutual damage. In this judgment the court, for the first time, discussed the risk associated with operating a motor vehicle as a basis for reducing damages and came to the following somewhat contentious conclusion:

journal of european tort law

Motor Vehicle Operational Risk and Awarding Damages in the Event of a Traffic Accident: A commentary on the judgment of the Estonian Supreme Court of 19 March 2013 in civil case no 3-2-1-7-13