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Адвокат по ДТП (дорожно-транспортным происшествиям)

Call now and get advice: +38 (044) 333-91-06  (Kiev city), +38 (066) 911-06-40 (vodafone), +38 (068) 911-06-40 (kievstar), +38 (063) 911-06-40 (lifecell),Viber, e-mail:



Call now and get advice: +38 (044) 333-91-06  (Kiev city), +38 (066) 911-06-40 (vodafone), +38 (068) 911-06-40 (kievstar), +38 (063) 911-06-40 (lifecell),Viber, e-mail:



Accident in Kiev. Who is to blame?

Our Office often approached by citizens who unwittingly found themselves in a difficult position, having got to road accident in which result has suffered damage to property or health of citizens.

Cases of this category are quite specific and require the lawyers special knowledge in the field of traffic regulations, administrative and criminal law, civil procedure and law.

With regard to versatility and ambiguity of the norms and rules that regulate this field, many law enforcement officers and citizens do not know and do not know how to apply the rules of traffic (further – traffic regulations) and related provisions of law (laws), it creates a ground to violate the rights of drivers who find themselves in a situation of road traffic accident (RTA). That is, it would seem, is clearly positive position, the participant of road accident may be guilty not only in violation of civil law but also criminal law and can be prosecuted. In this connection, in each case, of an accident should use the services of a lawyer specialist in the area of the accident, and as early as possible – preferably with a visit to the site and assess the situation firsthand.

Do not forget that the Code of Ukraine about administrative liability provided for fines and deprivation of a special law for traffic violations, and in recognition of the participant of road accident is guilty of a misdemeanor court to prove his innocence in a civil or criminal proceedings is more difficult. Protocols on Commission of adminprotokoly is normally immediately after the accident and they sometimes do not pay attention, the person in respect of which they are composed, what is their big mistake. Only after the deprivation of the right of management by vehicles for a certain period of time they realize that they have not had this important point enough attention.

Criminal liability for violation of traffic regulations and the occurrence of accidents is only possible if bodily harm to the victims and more than average severity, or the occurrence of death. In this case, for the presence of a crime under article 286 of the criminal code of Ukraine, the investigation must prove that the perpetrator violated the traffic rules and these violations caused the injury.

The complexity of criminal proceedings in cases of traffic violations and accidents are often associated with different positions and a description of the situation at the scene and to impact road users and witnesses, poor investigation of the incident by police and an incomplete inspection, not seizure of material evidence and samples, which results in further problems in the appointment of judicial autotechnical examination, during which is one of the most important questions: whether the driver violated traffic rules, could he prevent the accident and whether there is a causal relationship between occurrence of accidents and traffic violations.

When appointing the examination, the investigator must give objectively established baseline data for the forensic expert, on the basis of which he makes a study. If the testimony of witnesses differ, the research expert provided a few sources and ask the question about what source data is more likely to occur in this traffic. The latter provision, the investigators often violated, thereby making non-conforming the validity of expert opinion.

With the above-mentioned gross violation of the criminal procedure law must be fought vigorously, stopping them at the stage of pronouncement of the resolution on purpose of examination.

Of great importance also is the examination and further examination of the condition of vehicles, which establishes their technical condition before and after the accident, as well as avtotovarovedcheskaya examination, during which is determined the cost of damage to property.

With the emergence of many insurance companies and mandatory economic drivers "of civil liability insurance...." in trials there are additional participants – representatives of insurance companies, which also defend the interests of their firms and are interested in finding the guilty person, with which recourse will be possible in the future to recover damages.

However, each case of accident an individual and requires a careful study of the prevailing situation.

In our Agency working professionals in the field of road accident, former investigators of the specialized investigations division of an accident, who know thoroughly the technique of production according to category of cases.

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