PROTECTION TACTICS IN CASE OF TRAFFIC ACCIDENTS

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An Iryna

Head of Commercial and Civil Law Practice

He specializes in protecting the business reputation of legal entities, honor and dignity of individuals, protecting intellectual property, disputes with insurance companies, legal support for the activities of public organizations.

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PROTECTION TACTICS IN CASE OF TRAFFIC ACCIDENTS

Reading time: 3 min.

Many traffic accidents occur on the roads of Ukraine every day. Most of them are with the victims and the dead. But it is not always easy to establish the true culprit of the event. Very often, in such cases, the defendants are completely wrong. In such cases, the only way to protect yourself is the help of a lawyer.

But as in any other case, tactics must be used to defend against a traffic accident. The result depends on the tactics of protection in the event of an accident. Conventionally, defense tactics can be divided into two components - the presence or absence of fault in the client's actions.

Tactic #1: The client admits that the accident was his fault.

In this case, the most optimal way out in this situation will be reconciliation with the injured party. This will save you from lawsuits in the future to collect damages and other negative points.

Tactic #2: Innocence in committing an accident

This tactic is more complicated, as it depends on the circumstances under which the accident occurred, whether there are victims and dead persons. Usually, the lawyer does not participate in the primary investigative actions due to the fact that the client does not have the opportunity to contact the lawyer. In such cases, the lawyer is the first:

  • Familiarizes with case materials and interrogation protocols from the scene.
  • He studies the road accident scheme in detail.
  • Get acquainted with the statements of witnesses and other people who saw the accident.
  • In some cases, with the help of lawyers' requests, photo and video evidence from street vision cameras is obtained.

If, upon familiarization with the case materials, there is reason to believe that it is impossible to establish the truth, then the lawyer may submit a request for expert examinations, which will be of evidentiary value in solving this case.

Tactic #3: Composition of the offense and causation

Each offense has its own legal composition and causal connection. If at least one of the elements of the offense is not established, then in fact there is no offense itself. In this tactic, the lawyer must establish the absence of a causal relationship. For example, in a road accident, the victim died, but as a result of the examinations, it was established that he died not from the injuries he received, but from a heart attack. In this case, it is a completely different qualification of guilt and a different measure of responsibility.

It should not be forgotten that in order to achieve the desired result in defense in a road accident, the client must be as frank as possible with the lawyer. After all, if you hide important details from the lawyer, which may later become known to the investigation, then you can get a completely different result than expected. 

But for the client, it is worth remembering that the sooner he contacts a lawyer, the more opportunities he has to get qualified defense in the case. After all, it is much easier to achieve a result in a case if it is conducted from the moment of the pre-trial investigation than when the lawyer enters the case at the stage of court or appeal proceedings.

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Head of Commercial and Civil Law Practice

He specializes in protecting the business reputation of legal entities, honor and dignity of individuals, protecting intellectual property, disputes with insurance companies, legal support for the activities of public organizations.

Contact now
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