News

7 August 2025

A ticket for BGN 200, issued by the traffic police to a citizen who had an accident on the road at night because of a deep pothole in which a tyre burst, but according to the authorities was a "foreseeable obstacle", was cancelled after a complaint to the Ombudsman and the intervention of the Institution. The owner of the road, the Road Infrastructure Agency (RIA), also referred by the Ombudsman, apologised to the driver and the family.  

The background: the accident happened on the road Satovcha - Osina, on 6 July 2025, at about 01:00 a.m., on the road in the direction of Dospat, a car fell into a deep, unmarked pothole, and a tyre burst. After consulting with the insurer, the driver called the police. The officers of Gotse Delchev Police Department who came to the place drew up a traffic accident report. The driver was charged to pay a fine of BGN 200 for violation of Article 20, paragraph 2 of the Road Traffic Act: "Drivers of road vehicles are obliged, when choosing the speed of traffic, to take into account the weather conditions, the topography of the terrain, the condition of the road and the vehicle, the load carried, the nature and intensity of traffic, the specific conditions of visibility, in order to be able to stop in front of any foreseeable obstacle. When a danger to traffic arises, drivers shall immediately reduce their speed and, if necessary, undertake an emergency stop, and shall not carry out manoeuvres which may endanger their own life or health, the life or health of other persons, or cause significant material damage."

In this regard, the Ombudsman Institution immediately asked the director of the regional directorate of the Ministry of Interior of Blagoevgrad Chief Commissioner Daniel Dimitrov whether problems had been identified regarding the condition of the road in the area of the accident and whether the institution responsible for its management had been notified in a timely manner; what was the condition of the road signalling and markings in the section, and in case there were no signs and markings for a dangerous section, whether a report had been drawn up to the owner of the road; whether the number of accidents identified for 2025 in this road section had increased and what actions had been taken to limit them.

With regard to the traffic police ticket issued, the Ombudsman Institution stresses that the ticket does not indicate the speed of the vehicle in order to assess whether or not it was in accordance with the circumstances referred to in Article 20(2) of the Road Traffic Act. It has not been established how the mechanism of the accident occurred, the specific circumstances of the offence detected by the control authorities, who arrived at the scene some time after it occurred, are not stated - the ticket merely reproduces the text of the provision of the Road Traffic Act. It is pointed out that a pothole in the road cannot be regarded as a 'foreseeable obstacle' and that the driver is not obliged to anticipate it, as, for example, a pedestrian on a footpath or the sudden stopping of a car moving in front.

"According to the case law, a 'foreseeable obstruction' is any circumstance or object on or near the road that a reasonable and prudent driver could and should have foreseen under the particular traffic conditions by taking adequate measures to avoid the accident. An obstacle becomes unforeseeable when, even with due care and attention, the driver could not objectively have foreseen or reacted in time," the experts from the Ombudsman Institution state. They also point to another fact which contradicts the complainants' assertion that, according to the ticket, no material damage was suffered.

The Institution also asked the RIA, given the words of the police officers that incidents are daily in this road section, whether the section was marked with traffic signals to warn drivers of a dangerous section; whether there were signals, complaints about its condition and when was the last time repairs had been carried out; what measures would be taken to bring it in line with current standards.

THE RESULT:

The Police Department of Blagoevgrad informed the Ombudsman that:

• the ticket is cancelled, of which the driver is informed;
• the road section has numerous potholes which were not signalled;
• on inspection on 18 July they found that the potholes had been patched;
• the road markings are worn and barely visible;
• the road section is not designated as having a concentration of accidents because there has been no increase in the number of accidents.

The RIA informed the Ombudsman that:

•  the route is included in the monthly repair programme of the Regional Road Management (RRM) of Blagoevgrad. At the time of the incident, 6 July 2025, grass cutting and clearing works were being carried out on the road section in advance of the planned ongoing repairs. On 8 July 2025, patching of the route was started to improve the condition of road III-197 Gotse Delchev – Satovcha – Osina.
• the sections with a concentration of traffic accidents on the territory of Blagoevgrad RRM are determined by the Blagoevgrad Police Department, and this road section is not designated as such, therefore it is not signalled with additional road signs;
• the road section was overhauled 19 years ago. Due to the general unsatisfactory condition of the entire route, a major overhaul is planned. The technical design is currently being developed;
• apologies are made to the family for the incident.

In this case, however, which is not isolated, Ombudsman Velislava Delcheva advises the affected citizens that in the absence of "Casco" insurance to cover their damages, they can apply with a recourse to the RIA. By providing documents that establish the road condition as the cause of the accident and a comprehensive analysis of the type and amount of damage, they could receive compensation from the relevant road department.

At the same time, the first reception of Ombudsman Velislava Delcheva was held today, thus resuming the tradition of the public mediator to personally receive and consult citizens regarding their signals and complaints. Homelessness, property rights, local taxes and fees, provision of assistant support to a disabled person, domestic violence cases and advocacy for legislative change related to institutionalized children were among the issues for which citizens sought and received assistance from the Ombudsman.