Criminal cases in case of an accident: what kind of punishment is possible, and where to turn for help?
Road traffic accidents (road accidents) sometimes lead to the initiation of criminal cases, and in legal practice, these are usually complex cases. A driver who has violated traffic rules and caused harm to another person’s health often gives evidence that differs from the testimony of witnesses. Moreover, this is not always done intentionally.
The shocking state of the participants in the accident makes it very difficult to analyze the circumstances of the case, and the fact that what happened may entail criminal liability does not add peace of mind to anyone. It cannot be denied that many accidents with severe consequences could not have occurred with mutual respect for drivers and pedestrians. But there are also objective reasons why collisions cannot be avoided, for example, technical malfunctions or poor visibility on the road.
Services of road traffic accident lawyers:
It can be difficult for drivers to prove their case in an accident, especially if a pedestrian was hit. A traffic accident lawyer will help:
- make a detailed diagram of the incident;
- find the necessary evidence;
- interview witnesses;
- Invite qualified independent experts.
The types of liability for drivers found guilty of road accidents are as follows:
- Administrative: if the driver violated the rules or if his vehicle had malfunctions that led to an accident, as well as in the case of causing minor and moderate damage to health due to an accident. You can lose your rights, pay a fine, or be placed under administrative arrest for up to 15 days.
- Civil law: if material damage was caused by accident (for example, a car crashed into another vehicle or a shop window). This damage will have to be compensated.
- Criminal: if serious harm was caused to people’s health (pedestrians, other drivers, passengers) or an accident resulted in a fatal outcome.
On a note
Do not panic: if the victim got off with a couple of bruises, not criminal, but administrative responsibility will follow, but only if the severity of the damage is established correctly. This may require the professional expertise of road accident lawyers.
Services of an accident lawyer
The services of road accident lawyers near me for transport accidents allow the driver to avoid high financial costs and, in the case of a successful claim — not incur expenses.
Criminal liability in case of an accident is brought in the following cases involving various degrees of punishment:
- Part 1: If a person is seriously injured due to the driver’s fault, the culprit is punished by restriction of liberty for up to 3 years or forced labour for up to 2 years. The right to drive a vehicle can be retained or withdrawn for up to 3 years.
- Part 2: If the perpetrator was intoxicated and negligently caused severe harm to human health, he is punished by imprisonment for 3 to 4 years and the right to drive a vehicle for up to 3 years.
- Part 3: If the victim is killed, the driver is sentenced to forced labour for up to 4 years, imprisonment for up to 5 years, and a ban on driving a vehicle for up to 3 years.
- Part 4: If the perpetrator was intoxicated, and this caused the death of a person by negligence, then he will receive a term of 2 to 7 years and deprivation of rights for up to 3 years.
- Part 5: If an accident results in the death of 2 or more persons, the driver can go to prison for up to 7 years, be sentenced to forced labour for up to 5 years, and lose the right to drive a vehicle for up to 3 years.
- Part 6: If the death of 2 or more persons was caused by the fact that the driver was intoxicated, he faces imprisonment for a term of 4 to 9 years with deprivation of rights for up to 3 years.
Of course, each specific case is unique. Therefore, the court needs to carefully examine the evidence provided, clarify the incident’s circumstances, and decide on the claim’s satisfaction and the applicable legal norms. Explaining the case’s circumstances is often delayed for a long time, especially if an experienced lawyer’s road accident does not control the necessary procedures.