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Lawyer, specializing in defense in criminal proceedings regarding serious and especially serious crimes - against life and health, sexual integrity, war crimes with aggravating circumstances, as well as in cases related to violations in the field of taxation
Exemption from liability for traffic accidents with victims
Unfortunately, traffic accidents happen every day in Ukraine. In the vast majority of cases, road accidents end with serious consequences for the health and even the life of the victims. For the culprit of the accident, this leads to criminal liability. However, not always. In this article, we will consider the possibility of exemption from liability for road accidents with victims.
According to Article 286 of the Criminal Code of Ukraine, violation of the operation of vehicles or traffic safety, which led to the death of the victims, is a criminal act. This means that after a traffic accident, criminal proceedings are initiated in cases where the perpetrator’s actions have resulted in moderate injuries or the death of the victims.
If you have been involved in a traffic accident, the first correct step is to contact a professional lawyer.
Accidents with victims: responsibility
The measure of punishment under Article 286 of the Criminal Code is regulated by the committed illegal acts. Three parts of this article provide punishment for ignoring traffic rules and driving a vehicle, which provoked the occurrence of consequences for the health/life of the victim/victims:
| Part of the article | Consequences of a road accident | Responsibility |
| Part one | Causing moderate injuries to the victim. | 1. A fine of up to 5,000 NMDH.
2. Corrective works for up to 2 years. 3. Arrest for up to 6 months. 4. Limitation of freedom for up to 3 years. 5. Prohibition on driving a motor vehicle for a period of up to 3 years |
| Part two | Causing serious bodily injury, death of the victim. | 1. Imprisonment for up to 8 years.
2. Prohibition of driving vehicles under the age of 3. |
| Part three | Death of several victims. | 1. Imprisonment for up to 10 years.
2. Deprivation of a driver’s license for up to 3 years. |
It is worth remembering the following: in the event of a road accident, it is necessary to use the help of professional lawyers.
Thus, criminal punishment occurs in the presence of cumulative circumstances, namely:
- Violation of operating rules for road transport or ignoring traffic rules.
- Serious pitfalls for the health and life of the victim.
- Presence of a direct connection between the committed illegal act and its consequences.
Penalty for a traffic accident: features
The difficulty of working with cases of this category lies in identifying the victims. Far from always, a person is recognized as a victim from the moment a criminal case is opened. Most often, this happens after a forensic medical examination is conducted. It is this kind of examination that determines the severity and nature of the inflicted bodily injuries. In addition, a number of other investigative actions will be required. The main thing is to involve lawyers at the investigation stage.
In order to bring a person to justice for a crime, investigative bodies must clearly determine what exactly the culprit of the accident committed. The primary characteristics of the composition of the crime are not the situation and the place of committing illegal acts.
The subject of criminal acts is a person who drives a motor vehicle. At the same time, it does not matter whether she has a driver’s license. Liability for road accidents with victims begins at the age of 16.
Important: in the process of imposing a punishment, the opinion of the victim regarding the desired amount and type of punishment is of significant importance. In most cases, a claim for compensation for moral and material damage is considered simultaneously with the criminal process.
In any case, there is no need to panic. You just need to contact a traffic accident lawyer. Our lawyers will help you prepare for interrogations and court hearings.
We suggest moving on to consideration of the issue of exemption from liability for road accidents with victims. There are two stages in criminal proceedings:
- Pre-trial proceedings.
- Court.
Initiation of criminal proceedings – entry of relevant information into the Unified Register of Pretrial Investigations. If the fact of committing criminal acts was confirmed, the conclusion of the criminal case will be a guilty verdict. If it is closed, the person is released from any responsibility.
For example, the Law provides for the possibility of relief from liability as a result of reconciliation with the injured party. Reconciliation can be initiated by: the victim, the culprit of the accident, a lawyer.
Among the conditions for closing criminal proceedings:
- Absence of aggravating circumstances: previous convictions, state of alcohol intoxication.
- The culprit of the traffic accident fully compensated the victim for the damage caused.
Our lawyers offer an effective algorithm for protecting the rights of any participant in a criminal case related to a road accident. We have the necessary experience for this.
If you still have questions, we will be happy to answer them. We are waiting for a preliminary consultation! To calculate the cost of a lawyer’s services, fill out the form below.
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How to choose a criminal defense lawyer?
Choose a lawyer based on their ability to control the process and think strategically, not on promises. Practical experience, a clear action plan from the first consultation, and real cases confirming results are key factors.
How can I contact a criminal defense lawyer if needed?
You can contact a lawyer via the provided contacts or through the law firm. It is important to promptly inform your lawyer about any changes in your case or circumstances that may affect its outcome.
What can a lawyer not guarantee?
A lawyer cannot guarantee a specific outcome of the case, as the decision is made by the court. However, they ensure professional defense using all legal tools to minimize risks and achieve the best possible result.
Is it possible to fundamentally change the course of a criminal case at pre-trial and trial stages?
Yes — provided there is systematic work, the right strategy, and professional procedural management. In criminal law, the result is the consequence of timely decisions.
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