Lawyer in a case of personal injury or death due to a traffic accident or hitting a person (pedestrian)

In cases involving road traffic accidents that resulted in bodily injuries or death, professional legal assistance is critically important both for victims and their families, as well as for drivers who may face criminal liability. The outcome of criminal proceedings often depends on the first actions taken after the accident, properly collected evidence, and the timely involvement of a lawyer.

Lawyers of the law firm Prikhodko and Partners provide defense and legal representation in cases involving traffic accidents with injured persons, serious bodily injuries, and fatal consequences. We support clients from the moment of the accident until the completion of court proceedings, helping minimize risks and protect their rights.

What liability is предусмотрено for causing death or bodily injuries as a result of a traffic accident?

The main legal provision regulating criminal liability for violations of traffic safety rules that resulted in bodily injuries or death is Article 286 of the Criminal Code of Ukraine. It establishes liability for violations of road safety and transport operation rules committed by persons driving vehicles.

Liability depends on the consequences of the road traffic accident.

To bring a person to liability, it is necessary to prove a traffic rules violation, a causal link between the violation and the consequences, as well as the driver’s guilt.

What is considered serious bodily injury?

The severity of bodily injuries is determined through a forensic medical examination.

Serious bodily injuries include life-threatening injuries, injuries resulting in the loss of an organ or its functions, permanent disability, irreparable facial disfigurement, or other severe health consequences.

The expert conclusion plays a decisive role in the legal qualification of the offense.

What sentence can be imposed for hitting a person?

There is no universal answer to this question. Punishment depends on many factors: the severity of the accident consequences; the presence or absence of the driver’s fault; alcohol or drug intoxication; the driver’s behavior after the accident; compensation for damages to victims; and the presence of mitigating or aggravating circumstances.

In practice, the court always evaluates all circumstances of the case comprehensively.

What punishment is imposed for minor or moderate bodily injuries caused by a traffic accident?

Minor bodily injuries usually do not constitute a criminal offense under Article 286 of the Criminal Code of Ukraine and may result in administrative liability.

If the victim sustained moderate bodily injuries, the driver’s actions may be qualified under Part 1 of Article 286 of the Criminal Code of Ukraine.

If the accident resulted in serious bodily injuries or death, liability becomes significantly more severe and may include actual imprisonment.

Criminal liability for traffic accidents involving injuries or death

In most cases, criminal proceedings are initiated under Article 286 of the Criminal Code of Ukraine.

Special attention should also be paid to Article 286-1 of the Criminal Code of Ukraine, which establishes increased criminal liability for traffic violations committed by a driver under the influence of alcohol or drugs.

In certain cases, Article 291 of the Criminal Code of Ukraine regarding violations of transport safety rules may also apply if such actions endangered human life or caused serious consequences.

What is considered a pedestrian collision under the law?

A pedestrian collision is a type of road traffic accident in which a vehicle comes into contact with a pedestrian and causes bodily injuries or death.

At the same time, the very fact of a collision does not automatically mean the driver is guilty.

To establish liability, it is necessary to determine:

• whether the driver violated traffic rules;
• whether the driver had the technical ability to avoid the collision;
• whether the pedestrian also violated the rules;
• whether there is a causal link between the driver’s actions and the consequences.

That is why conclusions of automotive technical examinations are of particular importance in such cases.

Classification of traffic accidents by severity

The type of liability for a traffic accident depends on the severity of its consequences. The following categories are distinguished:

1. Traffic accidents with minor bodily injuries;
2. Traffic accidents with moderate bodily injuries;
3. Traffic accidents with serious bodily injuries;
4. Traffic accidents with fatal consequences.

The correct qualification determines the further course of criminal proceedings and the scope of liability.

How does the severity of injuries affect a traffic accident case?

The severity of bodily injuries affects the qualification of the criminal offense, the type and extent of punishment, the possibility of applying certain procedural mechanisms, the amount of damages, and the amount of insurance compensation.

That is why a lawyer always carefully analyzes forensic medical examination conclusions and, if necessary, initiates additional examinations.

How to prove injuries caused by a traffic accident?

To prove the causal connection between the traffic accident and the injuries sustained, the following are used: police materials; accident scene inspection reports; traffic accident diagrams; CCTV recordings; dashcam recordings; witness statements; conclusions of forensic medical examinations; conclusions of automotive technical examinations; and medical documentation.

What compensation is available for serious bodily injuries or death caused by a traffic accident?

Victims and relatives of deceased persons are entitled to seek compensation for: medical expenses; rehabilitation costs; lost income; nursing care expenses; funeral expenses; moral damages; and insurance compensation.

The amount of compensation is determined individually and depends on the specific circumstances of the case.

Lawyers of Prikhodko and Partners help prepare a civil claim within criminal proceedings and ensure proper protection of the client’s property interests.

Cost of legal assistance in criminal traffic accident cases involving injuries or death

The cost of legal assistance is determined individually and depends on:

• the stage of criminal proceedings;
• the severity of consequences;
• the number of victims;
• the need to participate in investigative actions;
• the number of court hearings;
• the complexity of the evidence base;
• the need for expert examinations.

What should a victim do after a traffic accident?

If you were injured in a traffic accident, it is important to act properly from the very first minutes after the accident. First of all, call the police and an ambulance, and if possible, document the accident scene and all important circumstances.

After receiving first aid, it is advisable to undergo a medical examination even if the injuries seem minor. All medical documents, doctors’ conclusions, and treatment receipts should be preserved, as they may be required for obtaining compensation. It is also important not to refuse examinations that help establish the nature and severity of injuries.

What should the driver responsible for the accident do?

If you became involved in a traffic accident with injured persons, do not leave the accident scene. You should call the police and an ambulance and wait for their arrival.

You should not independently negotiate the circumstances of the incident or rush to provide explanations without consulting a lawyer. At the same time, it is advisable to collect and preserve all possible evidence: photographs, video recordings, and witness contacts.

Cases involving traffic accidents with serious bodily injuries or death belong to the most complex categories of criminal proceedings. They require in-depth evidence analysis, work with expert conclusions, and the development of the correct legal strategy.

If you became involved in a traffic accident with injured persons or fatalities, contact a lawyer immediately — the first hours are crucial for the case. Criminal defense lawyers of Prikhodko and Partners will help assess the situation and determine further actions.