We can no longer imagine our life without cars and, for sure, each of us has become a participant in at least a minor accident or witnessed one. Therefore, we understand that in every accident it is necessary to correctly identify the culprit, and this is done by the court, not the traffic police inspector.
Our civil lawyer will help you establish guilt in an accident or appeal against guilt in court: with us, legal assistance in case of an accident - professionally, on favorable terms and on time. Call and schedule a consultation today!!!
Establishing the culprit of an accident in court
If a minor accident occurs and there are no injuries, then the drivers, as a rule, resolve the issue on the spot: one of them admits guilt and pays compensation to the other, for which a receipt is drawn up. For example, when one driver does not keep his distance and collides with a car in front: the damage may be minor, the drivers inspect their cars and, not wanting to waste time, the driver driving behind admits his guilt and is ready to pay monetary compensation at the scene of the accident, which will suit both. In this case, such a driver must necessarily take a receipt from the first one stating that as a result of the accident (indicate the details of the cars and drivers), the damage caused was compensated on the spot in such and such an amount and the participants in the accident have no claims against each other.
Another case is if a serious accident occurs, there are victims or the participants do not admit their guilt.
IMPORTANT : often the victims can suffer greatly, and the driver turns out to be guilty, then the culprit of the accident will be prosecuted under Art. 264 of the Criminal Code of the Russian Federation, see the VIDEO on this topic for more details
Almost every car has a video recorder, of course, it will help in establishing the circumstances of the accident and its culprit, but you shouldn’t count on it alone (the accident may not be included in the viewing angle of the video recorder or may be partially included, in the car of another participant in the accident the device may not be present, the recorder may fail or disconnect at the most inopportune moment). Therefore, after an accident occurs:
- it is necessary to contact pedestrians, stop passing cars and if there are people who can explain something about the accident, write down their name and telephone number
- when drawing up a report by the traffic police officer, indicate them as witnesses.
- Finding witnesses later through the media and other resources will be problematic, since time will pass when you need it, and people will have forgotten everything and will not be able to respond.
- You should also pay attention to video cameras located on nearby buildings.
- You also need to photograph the accident scene and the cars from all angles.
If any document drawn up by a traffic police officer indicates that a specific person is the culprit of an accident, this must be appealed, since only a court can establish guilt in an accident, and a traffic police officer can hold a person accountable for violating traffic rules (in particular, read how challenge the fine for driving into oncoming traffic using the link). In turn, violation of traffic rules is not always the cause of an accident.
Establishing fault in an accident through court. What decision can the court make?
- The court satisfies the plaintiff's demands, finds the second party guilty and recovers the damage caused.
- The court partially satisfies the plaintiff's demands, finds both participants guilty and, in accordance with the degree of guilt, recovers damages.
- The court rejects the claim because the second participant is not guilty.
Scheme for identifying the culprit
The approximate scheme for identifying the person responsible for a traffic accident is always identical.
protocol for inspection of the scene of an administrative offense (road accident) free in word format
Important! It consists of taking the following steps:
- specialists sent to the scene of the accident try to identify the person responsible for the accident based on existing information, for example, tread marks,
- the fact of the accident is recorded in a special document called a protocol. Each participant receives a certificate of participation in the accident. It does not reflect the person responsible for the accident, but indicates the person who violated the traffic rules,
- a resolution is issued in relation to the person who violated the traffic rules, which reflects the punishment for the administrative offense. However, this does not yet establish the degree of guilt in an accident,
- if, as a result of examining the evidence, it turns out that both drivers violated traffic rules, each of them receives a punishment,
- If the investigation does not reveal the perpetrators, the case is closed. In this case, no one will receive fines. The certificate will reflect information about the absence of offenders,
- If the motorist does not agree with the decision, he has the right to appeal to the court. At the same time, it is important to reflect the circumstances of the case as accurately as possible. You also need to provide evidence of your innocence,
- the court examines all available evidence in the case. You must provide them yourself. However, no one prohibits the judiciary from demanding that the traffic police hand over archival materials. To do this, an official request is sent,
- the court has the right to make a decision different from the conclusions of the state traffic inspectorate. He can cancel the punishment in relation to the traffic violation violator, or, on the contrary, he can determine it,
- the degree of culpability in an accident is determined only on the basis of the presented results of the examination and other related documents. Without them, it is impossible to blame a person for causing an accident,
- After the court’s decision, the motorist will go to a representative of his insurance company. In this case, it is necessary to present the received resolution.
Please note that if the court decides to find both participants in the accident guilty, each of them has the right to demand compensation for part of the damage from the insurance company.
In general, determining the degree of guilt is not difficult. There is only one thing to remember: no one has the right to make decisions other than the judiciary, even traffic police officers.
Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.
How to prove mutual fault in an accident?
If both drivers violated traffic rules and this led to an accident, we can talk about mutual guilt. It should be taken into account that there must be a cause-and-effect relationship between the violation and the accident.
For example, if the first car is running a red light and collides with a second one running a green light, but the driver of the second one, for example, is not wearing a seat belt. Traffic violation protocols will be drawn up against both drivers, but there will be no mutual guilt, because the fact that the second driver was not wearing a seat belt could not have caused the accident.
Testimony of participants in the accident, testimony of witnesses, and video recordings will help prove mutual guilt. At the same time, it is necessary to monitor what the inspector indicates in the protocol; if there are comments or you do not agree with something, indicate this when signing the protocol. Also draw the attention of the traffic police officer to facts that may confirm the guilt of the second participant.
The presence of mutual fault affects the amount of payments under compulsory motor liability insurance.
Pre-trial settlement
Clause 2.5 of the Traffic Rules states that immediately after an accident, the driver must stop the vehicle, turn on the emergency lights, display an emergency stop sign and call the traffic police inspectors. Otherwise, according to Article 12.27 of the Code of Administrative Offences, he faces a fine of 1,000 rubles. If the driver completely leaves the scene of the accident, he faces administrative arrest for up to 15 days or deprivation of his driver’s license for up to 1.5 years. Upon arrival at the scene of a traffic accident, traffic police officers:
- Draw up a diagram of a traffic accident.
- The position of the vehicles after the collision is recorded and the damage caused to each vehicle is described.
- Drivers and witnesses are interviewed if available.
- Other features of the accident, if any, are recorded.
Based on the investigation, traffic police officers issue a resolution regarding violation of traffic rules by one or more drivers (pedestrians). In accordance with this resolution, a fine will be imposed on those responsible in accordance with the Code of Administrative Offences. The same resolution will be the basis for recognizing these persons as the culprits of the traffic accident. But until the culprit agrees with this resolution, his guilt will not be officially recognized, which serves as a reason for transferring the case to court.
If none of the drivers is at fault, traffic police officers, based on Article 24.5 of the Code of Administrative Offenses of the Russian Federation, issue a certificate of refusal to initiate a case due to the absence of responsible persons. If, for certain reasons, guilt cannot be established, traffic police officers indicate in the documents that “Drivers (witnesses) give conflicting testimony.” In this case, the accident case must be referred to the court for further proceedings.
It is impossible to identify the culprit of the accident
In practice, there are situations in which it is impossible to identify the culprit of an accident, for example, when there are conflicting testimonies from participants or the absence of witnesses. Often the procedure for appealing guilt in an accident with the help of our car lawyer helps to prove your innocence.
If the culprit of the accident fled the scene of the accident, and it was not possible to find him, it is necessary to file an accident and apply for payment to your insurance company.
Moreover, if it is impossible to establish the guilt of a particular participant or the degree of guilt of the participants, the person who has insurance does not lose the right to receive it (the Armed Forces of the Russian Federation clearly indicated this in one of its decisions).
Reminder for the driver
In case of an accident, there is no need to panic. All in your hands. If the culprit of the accident escaped, do not despair. Call the traffic police and try to collect as much evidence as possible in the case.
DVR footage is one of the most powerful pieces of evidence. The entire base can be built on it. If such a device is not installed in the car, then you will have to find as many witnesses to the accident as possible. Take their contact phone numbers and agree on the possibility of their participation in court.
Witnesses are also necessary to record an offense. They will act as witnesses. At least two people are required to draw up the protocol. Their appearance in court is not required.
Please note! If an employee of the state traffic inspection does not want to initiate an administrative case, you will not receive a protocol and a certificate. Due to this, it will be impossible to receive an insurance premium. Therefore, insist on recording the offense, even if the person responsible for the accident is not there.
Payments for fatal accidents.
Who to sue in case of an accident, the culprit or the owner, read here.
How to challenge guilt in an accident, read the link: https://novocom.org/avtotransport/kak-osporit-vinu-v-dtp.html
Statement of claim to establish the degree of fault in an accident
Filing a claim with the sole requirement to establish the degree of guilt is not provided for by law, and therefore the claim is filed for compensation for damage caused by the accident. It is within the framework of consideration of claims for damages that the degree of guilt of each participant in the accident is established.
In order for the court to accept the claim for its proceedings, it is necessary to comply with the requirements for its form and content established by the current procedural legislation, namely, indicate:
- name and address of the court
- data of road accident participants
- information from the insurance company of the second participant in the accident
- claim price
- state duty
- detailed circumstances of the accident with supporting documents attached
- available photos and videos
- data of road accident witnesses and a petition to summon them to court
- if necessary, a request for an examination
- if necessary, a request to request a photo/video
- detailed calculation of the amount of damage that is subject to compensation
- claim for damages
USEFUL : watch the VIDEO with advice from a lawyer on filing a claim in court, and also ask a question in the comments of the video to get an answer
If you seek help from a lawyer, all expenses are subject to reimbursement, and evidence of such expenses is presented to the court.
The defendants must indicate the second participant in the accident and his insurance company; the claim is filed at the place of residence/location of one of the defendants.
If the second participant in the accident has already filed a claim in court, and you believe that the accident was not your fault or that both participants were to blame for the accident, you should file a counterclaim.
When establishing mutual guilt, the court in its decision will necessarily indicate the specific amount of guilt of each participant - compensation for damage in an accident through the court will be in proportion to the established share of guilt.
Criteria for guilt
The court will consider all factors when making a decision. For example, weather conditions, whether the driver is intoxicated (alcohol or drugs) and other criteria. To reduce the degree of guilt, or to cancel guilt, a citizen must do the following:
- independently study the case materials (report of inspection of the scene of the accident, road accident diagrams, other documents), or involve an experienced lawyer (it may be possible to detect registration errors or violations of procedural norms);
- analyze whether the documents are drawn up correctly (a detected error will be grounds for declaring them invalid);
- file a petition with the court to conduct an independent examination to determine faults and damages.
If the court determines that there are no persons at fault for the accident, the insurer may refuse to compensate for the damage. In this case, you will have to restore the car at your own expense. In situations where an equal degree of guilt of the drivers is proven, compensation is paid in equal proportions.
Most often, the driver who violated the traffic rules is found to be at fault for an accident.
This fact is recorded in the protocol drawn up by the traffic inspector. The court makes a decision on the guilt of a citizen based on the evidence presented. Controversial accident. Who is guilty? Accident Analysis: What You Didn't Know About
What can our lawyer do if it is necessary to establish guilt in an accident?
- Give advice during the consultation, including on the issue of how to prove that there was no accident, as well as any other
- Go to the scene of the accident , record the data of witnesses, pay attention to the circumstances relevant to the case, check the correctness of the protocol
- Analyze the situation and determine the tactics that are beneficial to you
- Draw up an objection to the protocol, appeal the decisions of the traffic police officers
- Contact the insurance company with a statement about the insured event, file a claim with the insurance company
- Participate in conducting automotive technical examinations
- Provide assistance in collecting evidence of your innocence and the guilt of another participant
- Contact appraisal organizations to calculate the amount of damage
- Draw up and submit a statement of claim to the court for compensation for damage from an accident , participate in court hearings, file a counterclaim for compensation for damage
- If necessary, appeal the court decision
- Conducting enforcement proceedings
IMPORTANT : engaging a lawyer is possible at any stage, however, the sooner a lawyer gets involved in the work, the greater the chance of collecting the necessary evidence and meeting the deadlines provided by law (for example, for appealing decisions, decisions).
Appeal against determination of degree of guilt
Each party has the right to appeal the court's verdict. But for this you need to have very good reasons. For example, during the meeting the body did not familiarize itself with important evidence.
appeal against a court decision free of charge in word format
Please note! To appeal the determination of the degree of guilt, you will need to collect a small package of documents:
- a copy of the court decision,
- a protocol drawn up at the scene of an accident by a traffic police inspector,
- paper filled out based on vehicle inspection,
- detailed road accident diagram,
- results of the examinations carried out,
- a certificate from a medical institution confirming a medical examination,
- certificate of accident issued by a traffic police officer,
- other documents that serve as evidence in this case.
If there are any inconsistencies in the protocol, then its legal significance decreases. In addition, if the document is drawn up with gross errors, the culprit may be completely released from liability.
Try with all your might to prove your innocence in the incident. Otherwise, appealing the first verdict will be pointless.
ATTENTION! View a completed sample of an appeal against a court decision:
Watch the video. Mutual fault in an accident:
