The parents of a 46-year-old man who died during a Carnival parade in Almodôvar have won a court ruling allowing their compensation claim to proceed.
Portugal's Supreme Administrative Court ordered the legal proceedings to move forward after lower civil courts previously refused to try the lawsuit filed by the family of José Alves.
Alves, who was well known for his involvement in a local motorcycle club, died on Carnival Tuesday, February 21, 2023, after falling from a float during the annual celebrations in the southern Portuguese town.
The fatal incident occurred after the parade had concluded, as participants were gathering and storing the Carnival floats. Alves was standing on top of a tractor-pulled float alongside three friends when a sudden jerk in the vehicle's movement threw all four revelers to the ground.
Alves died at the scene from his injuries. The fatal fall prompted the mayor of Almodôvar to issue an official note of condolence expressing grief over the tragedy.
Legal battle for compensation
Following the tragedy, Alves's parents launched legal action to secure the financial compensation provided for under existing insurance policies. Their lawsuit targeted both private insurance companies and the Motor Guarantee Fund, a Portuguese public entity established to guarantee compensation for damages caused by motor vehicle accidents.
The family's legal action stalled when lower civil courts refused to judge the lawsuit. The civil courts declined to hear the case because the criminal investigation into the fatal accident had been archived by prosecutors.
Supreme Court decision
That procedural block was removed after the Supreme Administrative Court reviewed the case and ordered that the civil proceedings must move forward despite the closure of the criminal inquiry.
Almodôvar is a municipality located in the Beja District of Portugal's southern Alentejo region, where community groups organize annual Carnival parades. The Motor Guarantee Fund operates under national regulations to compensate victims when disputes or gaps arise in motor vehicle coverage.
Following the Supreme Administrative Court's ruling, the lawsuit will now proceed through the judicial system to determine the compensation claims against the insurers and the guarantee fund.
