Traffic accident: guilty/innocent…

After listening in court to two witnesses to a single road accident, you no longer believe historians so much.

(The Big Book of Aphorisms, K. Dushenko, 2001)

Thirst for thrills and unjustified risky behavior on the road, ignorance or (which is categorically unacceptable) conscious violation of traffic rules, as well as the erroneous assumption (delusion) that exclusively everyone (regardless of situations) follow the rules of the road – knowingly criminal actions and the “first swallows” of hundreds of thousands of road traffic accidents (RTAs).

The reason for the RTAs can be mistakes made by both the driver of a motor vehicle, a pedestrian, and a cyclist (moped driver).…

Risk factors for the first category are speeding, alcohol intoxication, not using seat belts, talking on a cell phone, eating/smoking while driving, high heels, inattention, inadequate behavior in extreme situations, failure to keep a distance, violation of overtaking rules, etc.

As for the second category, indiscipline and carelessness (elementary ignorance of traffic rules, crossing the road at a “red light” or in the wrong place, an unexpected exit to the roadway, etc.) – a guarantee of a possible RTAs. By the way, every third traffic accident in Ukraine is caused by the negligence and irresponsibility of pedestrians.

Regarding the third, it’s not easy either. Any cyclist who rides outside his yard acquires the status of a road user. From that moment, all his maneuvers are regulated by the Law. To this category of drivers (the scourge of the motorist, as it is called) can be partially applied some of the risk factors that have already been described above. But non-compliance of this category of behavior requirements on the carriageway established by the Law also provokes occurrence of RTAs: driving on the carriageway of persons under the age of 14; the absence of reflectors on the vehicle; ignoring the fact that when driving at night and in low visibility conditions it is necessary to turn on the lights on a moped, on a bicycle a – lamp (headlight); moving in groups, they must ride one after another so as not to interfere with other road users; violation of the prohibition to hold onto another vehicle while driving; to ride with to ride without holding the wheel and taking your feet off the pedals (footrests), etc.

Also, do not discount the fact that to provoke an traffic accident may be the lack or poor markings on the roads, the quality of pavement, the lack of signs on the road where they should be, poor lighting as road signs, and some parts of the road, force majeure circumstances (strong wind, lightning, hail, a suddenly fallen tree, etc.).

But as the vehicle is a source of increased danger, in most cases the driver is responsible for the situation on the road.

Practice confirms that no driver – regardless of experience, accuracy of driving and precise observance of all traffic rules – is immune from traffic accidents.

A traffic accident is an unintentional event that occurs during the movement of a vehicle on the road and with its participation, in which people are killed or injured or vehicles, structures, cargo, or other material damage are damaged.

Criminal or administrative responsibility of the driver occurs when his actions have the corpus delicti of an administrative offense or a crime (usually committed by negligence). In both cases, there may be grounds for civil liability (obligation to compensate for the harm caused).

Of course, the one who was involved in the traffic accident,as soon as possible should contact a traffic accident attorney, the timely involvement of which will subsequently have an important role in the outcome of the case.

But it should be remembered that the “first help” participant in atraffic accident can and should help himself, by following the next recommendations:

• stop driving and stay where you are until the police arrive and do not leave the place of the traffic accident, even if you have caused a large traffic jam and displease other drivers;
• mark the place of the emergency situation by all available means and methods (turn on the alarm and put up the appropriate sign);
• mentally calm down and get a grip on yourself;
• begin to provide pre-hospital medical care (if necessary) and in no case leave the victims without attention (this is a criminal offense);

• call the police and ambulance (if necessary), inform the insurance agent (to assess the damage), invite, if possible, a traffic accident lawyer;
• make sure you have witnesses to the traffic accident and write down their contacts (last names, first names and phone numbers) and, when the inspector arrives, request that they be entered in the protocol;
• to find out and record the data of those involved in the traffic accident;
• try to preserve the place of traffic accident in its original form, take photos (photo/video) of the accident scene and damage to the vehicles;
• mention in the report (if you think that you are not guilty of traffic accident), that you did not violate the traffic rules;
• make sure that on the scheme of the traffic accident had all the details: road signs, markings, braking distance. Also make sure that the scheme is not tied to road markings, but to stationary objects;
• if you don’t agree with the scheme traffic accident, directly on it (in writing) to indicate your disagreement and comments;
• the comments should necessarily indicate the special circumstances that accompanied the road traffic accidents: the condition of the road, the presence (absence) of markings and road signs, etc.;
• check that all sections of the documents are filled out and, under no way, sign documents with gaps;
• do not refuse a medical examination and demand that it be conducted in a hospital and for all participants in the traffic accident;
• Check whether all damages to your car are indicated in the report and certificate for the insurance company and, if there is a suspicion of hidden damages, indicate them.

Clear and timely implementation of all of the above recommendations in the future will provide substantial assistance to the attorney for traffic accident in his work.

Attorney for traffic accidents: 

• advises on issues related to traffic accident;
• examines the materials of the traffic accident;
• insists on conducting the necessary procedures for the recovery of insurance compensation and moral and material damages;
• appeals against police misconduct;
• appoints expert examinations;
• is conducting a criminal proceeding;
• protects the interests of his client in court;
• prepares the necessary documentation.

Positive outcome of the defense of the participant of the traffic accident is a complex matter that requires a traffic accident attorney with a definitely practice.

And not unimportant will be the fact if the traffic accident attorney himself is an experienced automobile driver.

The main thing is to remember that there is no such thing as a dead end.