Road accidents resulting in death or serious bodily harm. What should a lawyer know to create a strong defense position? Part three - Important aspects of automotive research in the investigation

Automotive technical expertise is a whole range of studies that deals with establishing the condition of a car in the event of various accidents or traffic accidents, as well as vehicle malfunction This is one of the most frequently performed examinations.

To establish a complete picture in case of an accident, special knowledge , since it is very difficult to determine the true state of things immediately on the spot. Therefore, it is best to turn to a professional to conduct an auto technical examination. An expert will help establish all the details of what happened and the extent of the damage , as well as help the court identify and punish the culprit.

An independent expert examines everything down to the smallest detail and reveals all the circumstances of what happened . Some can mitigate the driver’s guilt, others vice versa. In addition, there may have been people who contributed to the accident, weather conditions and even the road service that did not install the necessary signs. Thus, an examination is carried out on the basis of investigative materials , which analyzes all the circumstances that took place, regardless of the degree of their reliability, in order to determine the exact picture of what happened.

To determine the damage, an examination of the vehicle is carried out. It is carried out after an accident and also establishes a possible equipment malfunction , which could lead to the accident. This examination is carried out in several stages using special equipment. Automotive technical expertise studies the scope of restoration work to find out the exact amount of damage caused. In addition, data such as possible poor-quality repairs of the vehicle and the installation of other equipment on it can also be analyzed. These are the factors that could influence the emergency situation on the road. The range of tasks and areas covered by automotive technical expertise is quite wide and includes the examination of not only the car and the accident that occurred, but also the road, road structures, means of organizing traffic on the road, the actions of drivers and other people who were involved in the process of the accident.

What is an auto technical examination of an accident?

A comprehensive study of damaged vehicles is carried out to identify the factors that led to the accident. A technical inspection allows you to determine the degree of guilt of each participant in the incident, collect data to compile statistics on the occurrence of road accidents after studying the location of the collision and the extent of mechanical defects of the cars.

In what cases is it carried out?

Automotive technical research is carried out to establish the circumstances of the accident during the trial. A petition to appoint an expert examination in a civil case of an accident can be filed at any stage of the investigation. If you disagree with the decision, the car owner has the right to contact independent experts. The inspection may be initiated by insurance companies to determine the amount of material damage to the victim for repair work of the damaged vehicle.

Administrative investigation

Car owners have the right to independently resolve a conflict in the event of an accident. If it is impossible to reach an agreement at the scene of the incident, drivers are required to call the traffic police.

Advice! To determine the culprit of the incident and the extent of mechanical defects, participants in an accident that resulted in damage to property should contact specialists to conduct an automotive technical examination.

Insurers or employees of an independent organization conduct research to determine points of violated traffic rules, the actions of car owners before the moment of collision while driving a car.

Trial

Consideration of the case at a higher authority is carried out in the event of serious damage to movable property, the presence of victims with severe injuries or death. An examination is appointed at the request of the investigator at any stage of the proceedings. Participants in a road accident have the right to file a petition with the court of first instance to establish the guilty party of the road accident.

Who conducts

Automotive technical research can be carried out by an expert company or a private specialist from an independent assessment organization. To conduct an inspection of a damaged vehicle, the technician must have documents confirming appropriate education and professional training. The data of an expert who has passed certification must be entered into the state register. Information about technicians who have a certificate to carry out work to investigate the circumstances of a traffic accident is publicly available on the official website of the Ministry of Justice.

Appointment and conduct of automotive technical examination in case of an accident

Automotive technical expertise in cases of road accidents is appointed both at the stage of their investigation, during the inquiry and preliminary investigation, and when considering these cases in the courts.

The legal basis for the appointment and conduct of automotive technical examinations in case of road accidents is regulated by codified procedural legislation of the relevant branches of law - administrative - CRF on accidents, criminal procedure - Code of Criminal Procedure of the Russian Federation, civil procedural - Code of Civil Procedure of the Russian Federation, arbitration procedural - Arbitration Procedure of the Russian Federation.

Articles to help:

How to challenge an independent examination of a road accident

Independent examination after an accident

Recommendations for prescribing a vehicle technical examination in case of an accident

As a general rule, an automotive technical examination is ordered on the initiative of the bodies of inquiry, investigation, court, or at the request of participants in the incident and interested parties.

The petition for the appointment of an examination provides the arguments and reasons why the party considers it necessary to conduct an examination.

The questions that the applicant asks to put to the expert are also formulated, and the expert institution for conducting the research is indicated.

Additional materials may be provided with the application - photographs, videos, responses to requests from state, municipal and other bodies containing information related to the incident under investigation.

The petition is signed by the applicant or his representative and submitted to the official for consideration on the merits.

If the application is granted, an examination is appointed.

Refusal to satisfy a petition may be appealed in the manner prescribed by law.

The appointment of an examination is accompanied by the issuance of a resolution (definition) on the appointment of an automotive technical examination.

This procedural document, among other things, contains a set of initial data necessary for expert research, which include:

  • information about the road situation (parameters of the road and its elements, type and condition of the road surface, presence and degree of slope, visibility state, etc.);
  • information about the technical condition of vehicles (degree of operability of vehicle control systems, condition and type of tires, lighting fixtures, etc.);
  • information about the parameters and distances of the location of vehicles, the direction and speed of their movement, the time ranges of pedestrian movement, the trajectories of cars and pedestrians, the distance from the car to the place of the collision (collision) at the time of the danger, the presence and characteristics of traces at the scene of the incident, etc.

Articles to help:

Road accident diagram

Inspection of the scene of an accident

Sample accident scene inspection report

The specificity of road accidents, determined by the composition of its participants, determines the set of initial data for automotive technical examination.

For example, when investigating the circumstances of incidents involving a collision with a pedestrian, the resolution reflects the age of the pedestrian, his gender, the pace and trajectory of his movement relative to the road and the car.

Read the conclusion of a vehicle technical examination in case of a collision with a pedestrian in the article posted on the website.

Article to help:

Automotive technical examination during the investigation of a collision with a pedestrian

When reading the resolution on the appointment of an automotive technical examination, it is extremely important to ensure the completeness and reliability of the source data.

If the decision to appoint an expert examination, when describing the circumstances of the incident, reflects only one of the versions of its participants, then the expert’s conclusion will be one-sided.

Distortion or absence of any parameter of an accident may become the basis for incorrect conclusions about the causes of the incident and lead to the prosecution of an innocent person.

If inconsistencies and errors are identified in the resolution, it is necessary to obtain from the official their correction, or to reflect in writing your comments in the resolution on familiarization with the purpose of the automotive technical examination.

When familiarizing yourself with the investigator’s (inquiry officer’s) decision to order an automotive expert examination, do not allow yourself to be limited in time.

Procedural legislation regulating the procedure for appointing examinations does not limit the time of persons participating in the case when familiarizing themselves with materials and procedural documents.

Therefore, if necessary, do not hesitate to remind the servants of the law and representatives of Themis about their responsibilities to respect the legal rights and interests of citizens participating in the proceedings.

Demand that the person conducting the investigation be provided with the opportunity to familiarize himself with all case materials containing information for an automotive technical expert study.

In view of the high degree of importance of automotive technical expertise in the investigation of accident cases and the large amount of information relating to the circumstances of the incident, before reading the decision on the appointment of the examination, you must know the contents of all case materials, which are the source of the initial data provided to the expert for research.

The sources of information that are necessary for an expert automotive technical study are the data contained in the inspection report of the scene of the incident, the diagram of the scene of the incident, in the protocols for checking the technical condition of vehicles involved in a motor vehicle accident, in the interrogations (explanations) of the participants in the event under study, in the protocols of investigative experiments and checking testimony, as well as in other documents.

When applying for an auto technical examination, be responsible in choosing an expert institution.

Currently, many organizations and experts with different organizational and legal forms of activity have appeared on the expert services market.

At the same time, the ratio of the number of experts significantly exceeds the level of quality of the services they provide.

The main criterion when choosing an expert organization is the presence on its staff of experts with long-term experience and a high level of qualifications.

In my opinion, practical assistance in this matter can be provided by practicing auto lawyers and lawyers specializing in the relevant profile.

What allows you to find out

Vehicles involved in an accident are inspected to identify the causes and circumstances of the incident. Even before contacting specialists, drivers should know what an auto technical examination establishes in the event of an accident.

It is important to know! The main objective of the study is to determine the characteristics and parameters of the road situation, to analyze the actions of participants in a collision when driving vehicles.

Technical condition of cars

When inspecting a car, the expert compares the obtained mechanical defects with the original data. As part of the study, the vehicle’s performance at the time of the collision is determined:

  • movement speed;
  • trajectory;
  • tire condition;
  • grip on the road surface;
  • length of the braking trace, stopping distance;
  • travel time to another vehicle;
  • the size of the permissible lateral interval between moving passing vehicles;
  • distance between cars before collision;
  • malfunctions before the emergency.

The expert evaluates the functionality of the steering mechanism, hydraulic booster, and lighting fixtures. The specialist determines the factors affecting the stability of the vehicle and the possibility of the vehicle overturning or skidding. If there are defects before the collision, the technician establishes a causal relationship between previously obtained defects and the circumstances of the accident.

Road condition

External factors influence the occurrence of an emergency. As part of the auto technical examination in case of an accident, questions to the expert concern the condition of the road surface and the correctness of the applied markings. When making a conclusion, the specialist takes into account the presence of potholes, holes, deep ruts, and external sewer systems.

Location of the accident

The technician studies the location of traffic lights, restrictive road signs, and places for pedestrians. As part of the study, the presence and degree of slope, the state of visibility, and visibility are determined. To make a decision, measures taken to eliminate the consequences of weather conditions and other motorists are taken into account: removing snow, clearing the area of ​​liquids, oil or gasoline.

Other factors

The expert assesses the psychophysical state of the drivers at the time of the incident. The study determines whether car owners comply with traffic rules and the ability to prevent collisions by road accident participants. After examining the damage and the scene of the incident, the specialist establishes a causal relationship between the actions of the drivers and the occurrence of the emergency.

Main directions of production of automotive technical expertise

Automotive technical expertise is a complex, multi-stage process that examines many aspects of what happened, starting from the car itself and ending with an analysis of road conditions and traces left by the car on the road surface. Sometimes it is necessary to conduct a comprehensive study of the current situation. In most cases, it is enough to analyze only the vehicle, for example, the features of its production characteristics or the damage caused at the time of the accident. In this regard, automotive technical expertise is divided into the following types:

  • Auto-assessment examination.
  • Examination of road conditions.
  • Examination of the condition of vehicles.
  • Examination of the circumstances of the accident.

An auto-appraisal examination determines the current market value of the car in the form in which it is aimed at conducting the research. The expert calculates the price based on average market indicators. As a result of this type of automotive technical examination, it is also possible to determine the amount of material damage caused to the owner of the vehicle as a result of the accident. In this case, the specialist focuses on the average price of a similar car of the same year of manufacture, in addition, he calculates the cost of the car taking into account damaged parts and components.

A road conditions survey analyzes the condition of the section of road where the accident occurred. The study evaluates the condition of the road surface, the presence of damage on it, the correctness of the markings applied, as well as the correctness of the installed road signs. Any of the listed aspects, in case of existing violations, can lead to a collision, and the blame should be removed from citizens driving cars.

An examination of the condition of vehicles establishes the technical suitability of the vehicle for use. A specialist conducting this type of automotive technical examination examines existing breakdowns in the vehicle, defects in production assembly, and intentionally caused damage. Such an analysis can reveal the unsuitability of the car for operation, as well as determine the reasons for this condition of the car.

Examination of the circumstances of an accident is one of the most voluminous and labor-intensive types of automotive technical examination. The study identifies many factors accompanying the accident and establishes their influence on the mechanism of damage caused. This type of examination takes into account the direction of movement of vehicles, weather conditions, the condition of citizens driving vehicles, features of the road surface and other indicators. The expert examines the traces left by cars, case materials, meteorological data, witness testimony, performs the necessary analyzes and so on.

How to properly conduct a private examination

Motorists have the right to contact commercial organizations for an independent inspection. Stages of assigning a private examination:

  1. Selecting an appraisal company.
  2. Concluding an agreement, making payment.
  3. Coordination of time and place of inspection.
  4. Preparing the car for auto technical research.
  5. Providing documents drawn up at the scene of an accident.
  6. Carrying out an inspection.
  7. Drawing up a conclusion.

When carrying out a private investigation, the initiator of the examination is obliged to promptly notify the insurer and other participants in the road accident about the assigned activities. The notification must be sent no later than three days before the technical inspection.

Drawing up a request for

A private study is required to assess the defects of the vehicle, accurately determine the details of the collision, the mechanism of action of drivers to determine the guilty party. A motorist can draw up a request for an inspection using the model of a request to appoint a trace examination for an accident. Basic details of the application:

  • civil case number;
  • information of the defendant, plaintiff;
  • list of questions for the expert;
  • name of the specialist;
  • payer data for services provided;
  • list of attached documents.

The petition is drawn up in free form. The document reflects the circumstances to confirm or refute which an automotive technical study is carried out. The right to file a petition must be justified by Russian law.

Cost of the procedure

The price of an expert’s services is determined by the scope of work: the more serious the deformation of the vehicle, the longer the technician will spend on the inspection.

It is important to know! The cost of the study also depends on the type, brand, year of manufacture of the car, and the region where the procedure is performed. The average price for an automotive technical examination of a passenger car in Russia is at least 2,500 rubles.

The investigation of the circumstances of an accident is aimed at identifying the causes of the collision and identifying the guilty party. A vehicle inspection is carried out to assess the damage to the vehicle, the condition of the road and the surrounding environment, which could have contributed to the occurrence of an emergency. Drivers who disagree with the decision made in a traffic accident case have the right to conduct a private examination.

Questions about automotive technical expertise

  • Does the vehicle meet traffic safety standards?
  • What was the general condition of its structural parts and systems?
  • Is a road accident a consequence of technical faults?
  • What is the impact of malfunctions on the quality of driving?
  • Was it possible to fix the breakdown earlier, before leaving the car?
  • What caused the blow?
  • How did metal corrosion occur?
  • What is the amount of property damage after an accident?
  • Compliance of parts with various operational and technical standards, etc.

In addition to the vehicles directly involved in the accident, an independent automotive technical examination of the vehicle also studies the route of movement and the mechanism of the accident.

Rating
( 1 rating, average 5 out of 5 )
Did you like the article? Share with friends:
Для любых предложений по сайту: [email protected]