The court thus confirms the officer's right to the corresponding economic and administrative consequences derived from the incident being related to his professional activity, overturning the initial decision by the Directorate General of the Police's Personnel Division, which did not consider the injuries as caused in the line of duty.

As a result of the crash, the agent, assigned to the Central Repatriation Unit, was diagnosed with a left shoulder contusion with post-traumatic tendinitis and post-traumatic cervicalgia. He was on medical leave from May 13, 2021, to April 28, 2022.

The accident occurred at 3:15 PM, as the officer was heading to his afternoon shift, which began at 3:30 PM. He was driving a rental vehicle and, while crossing the intersection of Islas Canarias avenue and Venezuela avenue, was hit on the left side by a tram and dragged until impacting a pole. He received assistance at the emergency services of the hospital contracted for officers.

The dispute centered on the fact that the Administration must financially compensate an officer who suffers damages in the line of duty, provided there is no malice, negligence, or lack of skill, and that the injuries are directly related to work incidents and not due to a 'purely temporal circumstance'. The initial investigation concluded that the incident did not occur in the line of duty and could have been avoided with 'prudent and safe' driving, attributing it to 'lack of attention and overconfidence'.

The TSJM, however, recalls that accidents are by their nature unpredictable and that, in this case, the incident occurred at a 'critical point', with a history of similar accidents, to the extent that another accident involving the tram occurred five days later.

The recognition of the agent's claims is partial, as it does not include a dislocation diagnosed in June 2021, which extended his leave until April 2022.