Accident investigation team: how to prove your innocence

Traffic accident disputes in 2019

When participating in road traffic, we risk getting into an accident. An accident is always a shock, nerves and financial costs. After registering the incident, the search for an answer to the question of guilt/innocence begins. For this reason, disputes over road accidents often occur in court.

What to do after an incident

When serious consequences arise during an accident on the road - material damage is caused or people are injured, maimed or killed, the perpetrator of the incident is brought to criminal responsibility. For this reason, the main disputes in road accidents revolve around the question of who is to blame.

The fact of guilt is the basis for punishment: administrative or criminal.

In the case of a car accident, the citizen is held criminally liable. But in Russia there is a principle of the presumption of innocence, which means that a person is considered innocent until his guilt is proven in court.

The question of how to prove your innocence in an accident worries everyone who has been involved in it. Evidence of guilt/innocence is provided by the conclusions of the persons involved in the investigation. If you do not agree with them, or do not agree with the degree of guilt or responsibility, then you cannot do without a lawyer. He is the one who will represent your case in court.

Disputing fault in an accident can take a long time. But all this will come later. After the incident, you should control the actions during the process of recording and documenting the incident, so as not to be falsely accused.

If there is such a possibility, it is better to invite a lawyer immediately, directly to the scene of the incident. He will be able to carefully control the process. If this is not possible, you must ensure that the authorities investigating the accident:

We carefully examined the scene of the incident.
We analyzed the moment of the event: the possibility of preventing the incident, the actions of each participant, the condition of the road, weather, braking distance, and the mental and physical state of the participants. All this must be documented.
We interviewed witnesses and took their contact information. Perhaps the testimony of witnesses will help you.

If you had a dashcam, tell the police and witnesses about it. During the investigation, the materials will become useful.

Get help from the traffic police review team. If there were no victims, try to resolve the problems without going to court.

If you do not agree with the accusation

If traffic police officers believe you are at fault, but you do not agree with this, find out how to challenge guilt in an accident. You have two options for appealing: in court or with the traffic police. When you are given a copy of the decision, you have ten days to file a complaint.

Wrongful charges can occur when a motorist violated a traffic law but was not at fault for the accident. A drunk driver is blamed for an accident even if he was running a green light and is hit in the side at an intersection.

It happens that a motorist is blamed for an accident to which he had nothing to do. There are several such examples:

You are accused of damaging someone else's car, and you actually drove through the specified place at the specified time.
Accident involving a vehicle identical to yours. At the same time, your car is damaged: you went into the forest and scratched your car, and they tell you that these are the consequences of an accident.

Competent lawyers know the answer to what to do if you are accused of an accident that you did not commit. In the latter case, it is necessary to conduct an automotive technical examination. You will have to prove that you were not involved in the accident. Therefore, we recommend that you hire a lawyer. A competent lawyer will solve your problems in a short time.

Degree of fault in a traffic accident

Establishing the degree of guilt of participants in an accident is an important problem. Who is to blame for an accident when one car was going at a high speed on a green light, and the other was going at the speed limit on a red light? The answer is not clear.

The culprit of a traffic accident can be determined either at the scene of its occurrence or in court. If people were injured in the accident, only the court will determine guilt.

At the scene

Any car accident causes a lot of stress for those involved. Immediately after a collision, it is quite difficult to control your actions and emotions. There are often cases when the victim admits his guilt in an accident. When under stress, a person feels guilty about what happened. The opposite side also insists on his guilt, and he admits it.

In this situation, do not rush to jump to conclusions.

At the initial stage, answer any questions: “We need to figure it out,” “Specialists will come and tell you.”

Demand that all facts in your favor be entered into the protocol and prepare for trial. If you are convinced of your guilt, and the punishment does not involve imprisonment and is acceptable to you financially, then admit guilt to avoid wasting time on legal proceedings.

What to do if the person responsible for the accident does not admit his guilt? Prepare for trial and require proper inspection of the scene and recording of important facts. Conducting an independent auto examination is a legal way to identify the real culprit of an accident and evaluate the event.

You will have to establish guilt in an accident in court if at the scene of the accident and during further proceedings in the traffic police you and your opponent do not come to a common opinion. For this purpose, the court is provided with the following documents:

written statements of witnesses;
photos, videos from the scene of the incident, information from video recorders;
conclusion of an independent technical examination of the car for damage.

Based on the collected documents and testimony, the degree of guilt in an accident will be determined in court. You do not necessarily lose or win the trial - the guilt can be recognized by both.

The testimony of witnesses can play an important role in the court's decision. It is better if they can attend the court hearing in person.

How to increase your chances of success

If you behaved competently at the scene of the incident, ensured that important facts were included in the documents and found witnesses, do not refuse the services of a lawyer. After all, your opponent will probably invite a lawyer, and it will be difficult for you to argue with the arguments of a qualified lawyer.

Actions in case of an accident: Video

Candidate of Legal Sciences. Advocate. Legal practical experience – 7 years. Specializations: Automotive law, tax law, loans and lending, compensation for damage.

A video recorder, preferably several for forward and backward review, and in a complex case, be sure to have a lawyer immediately for proper registration. It’s definitely been written about the state of shock after an accident.

Of course, after the advent of DVRs, there were more opportunities to prove one’s case in such disputes.

The main thing is to resolve all disputes in court, and not on the road. If you are confident in your innocence and want to receive your compensation, then go to court and put forward all the conditions. Be sure to hire a good lawyer.

In order to prove that you are right in an accident, you must first be very well versed in the rules of the road, otherwise I know women who argue, but their arguments are generally ridiculous.

The most important thing is to control your emotions and resolve disputes regarding traffic accidents only in court. Focus all your efforts on collecting data and proving that you are right.

How to prove your innocence in an accident

Only a court can find a citizen guilty of committing a traffic accident. Until he does this, the presumption of innocence will apply and it will not be possible to recover funds from the driver under a recourse claim from the insurance company. How to justify yourself to traffic police officers? What should and should not be done after an accident? Can one of the participants in the accident be found guilty before the case goes to trial?

Driver actions after an accident

Clause 2.5 of the Traffic Rules determined that after an accident, the driver involved in the accident must stop his vehicle, turn on the hazard warning lights and display a warning triangle. Failure to comply with these requirements entails the imposition of an administrative penalty in accordance with Article 12.27 of the Code of Administrative Offences. So, if a driver fled the scene of an accident, he faces arrest for up to 15 days or deprivation of his driver’s license for up to a year and a half. If he simply drove to the side, did not put up a sign or did not turn on the emergency lights, he may be subject to a fine of 1,000 rubles.

Also, after an accident, the driver must make sure that no serious damage was caused to other participants in the accident and, if necessary, call emergency services (ambulance and fire), as well as provide first aid to the victims. In addition, traffic police officers must be called to the scene of a traffic accident. Only after completing all the specified actions can the driver take steps that will help determine his innocence in the accident:

Take contact information from witnesses to the incident (the traffic police often arrive only after a few hours; eyewitnesses of the accident have no reason to wait for them at the scene of the accident for so long).
Save materials from the DVR camera, if there is one in the car.
Try to find data from the DVRs of other cars that were nearby at the time of the accident.
Record the position of vehicles, body parts (if they have scattered along the road) and damage using a photo and (or) video camera, if available.
Draw up a diagram of a traffic accident yourself, observing the dimensions, conveying all the details of the accident as accurately as possible.
Call a lawyer or emergency commissioner to the scene of the accident, who will advise on how to fill out documents by traffic police officers and help with drawing up an accident diagram.

Upon arrival, traffic police officers need to show them all the collected materials (photos, videos, road accident diagram, contacts of witnesses, etc.) and outline their vision of the situation. Traffic police officers arriving at the scene of the accident must collect as much information as possible about the accident, and then transfer it to the analysis team, which will draw up a protocol indicating the person who violated the traffic rules, which led to the accident. If they cannot identify such a person or the accident occurred due to some external factors, this information will be reflected in the same protocol.

After drawing up the protocol, it will be offered to both parties to the traffic accident for signature. If the driver does not agree with the information reflected in the protocol, he may refuse to sign it, about which a corresponding entry is made in the document. If traffic police officers draw up a protocol in which they indicate that one of the drivers violated the Traffic Rules, which led to an accident, and this driver signs the document, he will be considered to have voluntarily admitted his guilt in the accident.

What to do after drawing up the protocol?

The driver who was identified by the traffic police investigation team as the culprit of the accident has the right to disagree with this resolution and not sign it. To prove his innocence, he can turn to independent experts and order road and trace examinations. The first studies the condition of the road surface and the presence (absence) of road signs and markings at the time of the accident, the second studies the traces of the accident remaining on the road and on vehicles.

Based on the research carried out, experts issue their decision on the causes and culprit of the accident. This resolution is not indisputable; on its basis, the driver can only go to court or file a complaint with a higher-ranking traffic police officer. In any case, he has 10 days to challenge the decision made by the traffic police review team. If no claim or complaint has been filed, the driver is considered to have voluntarily admitted his guilt and is assigned full responsibility for the accident.

Conclusion

Until the corresponding decision is made by the court, no one can find the driver guilty of committing a traffic accident. In order to protect himself and not give traffic police officers a reason to indicate himself as the guilty party, after an accident, the driver must collect as much evidence as possible indicating his innocence. If this does not help, it makes sense to order independent trace and road examinations.

How to prove innocence in an accident?

When a traffic accident occurs, those involved experience extreme stress. In most cases, at first glance it is difficult to determine who is responsible for what happened. But the most unpleasant thing happens when an innocent driver finds out that he was made the culprit of an accident.

What should the innocent driver do in this case? How can he prove his innocence in the accident? What is the maximum period for challenging guilt? Read in the article.

How to prevent false blame in an accident?

According to the Law, determining the guilty party in a traffic accident is the work of law enforcement agencies. However, no one is immune from mistakes and often police officers blame an innocent driver for a road accident .

This can be prevented in the early stages. To do this, you need to pay attention to the following details:

How to prepare a report. As a rule, traffic police officers enter into it the most important information about a traffic accident: diagram of the accident, address, comments of participants, testimony of eyewitnesses of the incident, etc. After drawing up the report, it is recommended to ask the police officer to hand over the document for personal review and verification of the correctness of the entered data;

What does the scene of a traffic accident look like ? Take photographs of the location of the cars (even if this was done by law enforcement officers), nearby road signs, markings, houses, addresses (a sign with the house or street number), traffic police officers;
What does an accident diagram look like ? It usually shows who is responsible for what happened. If you miss errors when drawing up a diagram, it will subsequently be difficult to prove innocence in an accident;
Take care to include additional information and facts in the protocol. If you notice something that the traffic police officer missed, you should request that this data be entered;
Record the testimony of eyewitnesses of the accident (if any) on a voice recorder or video or in writing;

What to do if the culprit of an accident refuses to admit guilt, read here.

Read about how to prove innocence in an accident through witness testimony in the next section.

How to properly take witness statements?

Witness testimony can serve as a serious basis for proving innocence in an accident. Therefore, they must be fixed correctly. The following information should be obtained from the witness:

At what speed did he think the vehicle was moving before colliding with another vehicle?
How far was the car from the other car before the collision;
Did any of the motorists make an attempt to prevent the collision;
Was there enough room for braking on the section of the road where the accident occurred;
What were the meteorological conditions at the time of the accident;

Automotive technical expertise

If traffic police officers recommend organizing a vehicle technical examination, and you are convinced of your innocence in the accident, agree.

The examination will help clarify:

Under what circumstances did the traffic accident occur?
What was the technical condition of the vehicle at the time of the incident;
Did the road surface (its condition) influence the occurrence of the traffic accident;
The cost of eliminating vehicle defects resulting from a collision;
The cost of the vehicle taking into account the damage received;

Where can you prove your innocence?

You can prove your innocence in an accident in one of the following instances:

Territorial division of the traffic police;

You can file a complaint about the cancellation of the decision with the territorial law enforcement agency within ten days from the date of the traffic accident. If traffic police officers believe that you are to blame for the accident, you should go to court.

Judicial authority;

Read more about how to challenge guilt in a traffic accident in court here.

How to prove it in court?

Since when determining the guilty party in our country there is a presumption of innocence, there is no need to defend one’s innocence. On the contrary, the prosecution must look for evidence of guilt.

To prevent the court from proving your guilt in an accident, you must:

Carefully study the documents compiled by the traffic police (a report of a traffic accident; a protocol from the scene of a traffic accident; the results of a medical examination; a diagram of a traffic accident; examination results). So, if one/several documents contain an error in the formatting or indication of certain facts, it will be easier to prove your innocence in an accident;
Identify errors at the legislative level . For example, indicating violations based on a law that does not actually regulate the situation;
Organize an auto technical examination that will help establish the material damage caused and dispel the false conclusions of law enforcement officials. For example: as a result of an accident, a pedestrian was hit. An automotive technical expert will help determine how the driver tried to prevent the collision, what body movements he made, at what speed he braked, etc.;

In some cases, the judge prescribes a mandatory auto technical examination.

Organize an examination that will reveal the relationship of what happened with the meteorological conditions at the time of the traffic accident;
Organize an examination that will reveal the relationship between the accident and the condition of the road surface;

Read about how the trace examination is carried out here.

Thus, unsatisfactory road conditions could affect the outcome of a traffic accident.

The procedure for investigating an accident by the traffic police investigation team

Even the most careful car enthusiast can become involved in a car accident. During training at a driving school, future drivers receive theoretical knowledge of the rules and practical skills of driving a car, as well as an algorithm for necessary actions in case of an accident. However, few car owners know what to do if the circumstances of the car accident, the reasons for its occurrence and the guilt of each participant are not obvious. If there is a controversial situation, an additional investigation of the accident is carried out. Therefore, all drivers will benefit from information about how traffic accidents are handled by the traffic police.

Registration of an accident

In the event of an accident, the next action of drivers (after providing assistance to the victims and marking the scene of the accident) is to call an inspector from the State Traffic Inspectorate. If the cause of the accident and the guilty driver are established and there is no doubt, the traffic police officer will draw up a resolution, recording the fact of an administrative offense and the agreement of the parties involved regarding the circumstances of the accident.

In a situation where it is necessary to carry out additional measures to determine the guilty party or resolve other controversial issues, the inspector will draw up a report of the car accident, indicating the presumably at-fault driver. Next, the officer issues an order to the parties to appear at the territorial traffic police department, where the materials will be received and where the analysis team will conduct further investigation of the accident.

What is a parse group

The analysis group is understood as a special group of employees of the State Traffic Inspectorate department engaged in a detailed investigation of the circumstances of the road accident. The accident investigation team performs the following functions:

a detailed study of the causes of the car accident and the factors that provoked it;
qualification of driver actions in a traffic accident;
establishing the degree of guilt of participants in an accident;
determination of the culprit of the accident and the extent of his responsibility - punishment;
drawing up a final document taking into account all the circumstances of the incident.

During the administrative investigation, the details of the event are clarified, and taking into account all the details, it is determined who is to blame for the accident. However, there is a possibility that the protocol, and subsequently the decision on a specific administrative incident, will be challenged and the person held accountable will be found innocent.

When is it appointed?

During the administrative investigation, the same issues are resolved as at the scene of a car accident. However, analysis in case of an accident is necessary if a longer time is required to study all the circumstances of the incident or conduct various examinations. In other words, analysis of an accident is carried out if it is not possible to find out all the essential details directly at the scene of the accident that influence the determination of the guilt of the participants.

The most common cases that lead to an investigation are:

causing minor, moderate or severe harm to human health as a result of an accident;
presence of dead;
controversial issues in the circumstances of the event;
differences in views regarding the assessment of the causes of what happened by the participants in the accident;
drivers denying guilt.

If there are victims with varying degrees of injuries in an accident, an operational investigation team consisting of operational police officers, an investigator and an expert is sent to the scene of the incident, in addition to the traffic police inspector. Such material is registered with the territorial police department as quickly as possible and sent to the appropriate authority depending on the consequences of the accident:

to a specialized investigative department for the investigation of road accidents - in the event of the death of a person or serious harm to health;
to the local department of the State Traffic Inspectorate - in the presence of mild or moderate harm to human health.

An investigation is mandatory in cases of accidents involving drivers who have government ranks or foreign citizenship.

How does the traffic police investigate an incident?

If the inspector considers that additional measures need to be taken to resolve the issue of qualification of actions and the degree of culpability of participants in a road accident, the material will be sent to the local traffic police department for accident investigation.

Next, a special group of employees is appointed to analyze the circumstances of the incident. Participants are notified in advance of the date and time when a specific situation will be dealt with, if this was not done directly at the scene of the accident.

Each specific case uses its own methodology for investigating an accident, but there are some points that any driver needs to know.

The investigation is preceded by a study of case materials collected at the scene of the accident and an interview with eyewitnesses. The main object of the investigation at the preliminary stage is the documents recording the fact of the incident. Typically, it takes 3-30 days to review written evidence.
Often, to restore the mechanism of an accident, it is necessary to conduct an examination, for example, traceological or auto technical. If inspectors involved in the analysis of road accidents avoid ordering examinations, explaining this by the workload of the service, the interested driver should insist on having them carried out.
During the analysis, the case officers clarify the details both on the basis of written documents and oral conversations with each driver. Participants in the accident may be invited simultaneously or heard separately. In the first case, a kind of confrontation is carried out, since giving false testimony in an accident is a fairly common case.
Often inspectors do not allow drivers to familiarize themselves with the case materials and do not show a diagram of the incident. On the one hand, this is a way to push the participants in the accident to independently remember the nuances of the accident and contributes to an objective consideration of the case, and on the other hand, it is a veiled method to help the “liked” driver.

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How to act

Since no driver is immune from troubles on the road, if a car accident occurs and you are sent to the traffic police to investigate the accident, you need to know how to behave. You should not leave the solution to a serious issue to chance; it is better to carefully prepare for the investigation and think about how to prove your innocence in an accident and defend the correctness of your vision of what happened.

Participants in an accident have the right to familiarize themselves with all documentation on the case. You can view the available materials in advance. To do this, you must ask the investigation officer to provide all the documents drawn up by the inspector during the accident. In addition, the testimony of interviewed witnesses, video and photographic materials should be studied.

When preparing to analyze an accident, a diagram of the accident scene may be useful. You should not rely on your memory, since many drivers are under stress at the time of the incident and may not remember essential details: the location of signs, the position of the car relative to the road infrastructure, markings on the road, the location of transport stops.

During the analysis, participants in the incident are granted the following rights.

If necessary, the driver can ask the investigator to appoint an examination of the case or request certificates from the relevant services that control the lighting and condition of the road surface at the scene of the accident.
A foreigner must be provided with an interpreter.
Present any evidence taken/collected at the scene of the incident: photographs, video footage from a DVR or mobile phone, explanations of eyewitnesses, and also demand that they be included in the material.
Submit petitions.
Conduct audio recording during the analysis of an accident.
If you disagree with the result of the investigation, appeal the decision.

Important: the appeal period is counted from the date when the driver received a copy of the decision. Therefore, you should not sign the document in the past date.

Do you need a lawyer's help?

When analyzing an accident by traffic police officers, especially in difficult cases, legal assistance in road accidents will be useful. It is advisable to invite an experienced and competent lawyer to the scene of the incident. As a rule, in serious car accidents there are victims, the cause-and-effect relationship in the accident is not determined, or the drivers are mutually guilty of committing a traffic offense.

How long does the analysis take?

Administrative liability may occur no later than:

1 year, if the accident caused harm to human health or the guilty driver was drunk;
3 months when considering a case in court;
2 months when the investigation is carried out by an authorized person

According to the law, the analysis of an accident is carried out within 1 month. Sometimes the time frame for an administrative investigation in case of an accident increases.

With the victims

It is known that the liability for road accidents with victims is increased. Therefore, if there are victims in the accident, the inspector investigating the material will request information from the institution that provided medical assistance to the person. Such information is necessary to determine the severity of harm caused to human health.

When analyzing a case where the victims have suffered light or moderate damage to their health in order to determine the extent of their injuries, the time frame for investigating an accident with victims may increase to 6 months.

If during the investigation it is discovered that a person died as a result of the accident, the investigation of the fatal accident will be carried out by the investigating authorities of the police.

No casualties

The procedure for investigating an accident without casualties has no particularities. In this case, the analysis of the incident does not exceed 1 month, and the period for bringing to administrative responsibility should not exceed 2 months. As a rule, a full analysis of such cases falls within the time frame established by law.

Is it possible to extend the investigation period?

In special situations, the period during which an investigation into an accident is carried out is extended. However, this is only possible if problems arise that prevent the analysis from being completed within the required period.

To extend the investigation period, you must obtain a visa from management. The document must indicate the reasons and justifications for the extension of the investigation of the case, and indicate the end date of the investigation. The completed paper must be given to the victim in person or sent by mail.

If you are not present during the investigation

The law does not oblige drivers to participate in the investigation of accidents. If the second participant in the accident is not included in the car accident investigation team, the case is considered without him.

However, lawyers recommend that drivers not ignore the review procedure. Often, motorists, confident in their rightness and innocence, do not come to the accident analysis group, and then are unpleasantly surprised by the result of the investigation. It happens that a previously innocent participant is recognized as a guilty party and held accountable.

In personal presence, the driver has the opportunity to defend his position, provide evidence and evidence. It happens that a participant in an accident cannot come to the accident investigation for reasons beyond his control. In such situations, the interested driver can request a postponement of the date of consideration of the case, indicating objective reasons.

The result of the accident analysis

The result of the investigation of a specific accident is the execution of a document that confirms or denies the fact of the offense and determines the degree of guilt of each driver. Such a document, if there is an offense in the actions of participants in a car accident, is a resolution on an administrative offense indicating the punishment of the guilty person.

Important: officials can only be held administratively liable in the form of a fine; penalties other than this are imposed by the court.

Participants in the event have a deadline of 10 days to appeal the decision. This can be done directly from senior management or in court.

There are cases when a participant in an accident who has been found guilty does not agree with the decision and does not admit his guilt, trying to shift responsibility to the second driver. In such a situation, you will need to draw up and submit a statement of claim to the court to establish guilt in the accident and compensation for damages.

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Analysis of an accident in the traffic police - how is the culprit determined?

A road accident exhausts a person’s nerves not only at the moment of its occurrence. What follows is a procedure such as analysis of the incident by a special group in the traffic police department. And this requires endurance and composure. Recently I found myself in a situation where I had to participate in a similar event. I will tell you what it is in this article.

Debriefing group - what is it?

The analysis group in the traffic police department is a specially convened group responsible for practice on administrative issues. It consists of competent inspectors who know all the subtleties and nuances of the administrative code. The analysis group is located in the central division of the State Traffic Inspectorate.

Her area of responsibility includes a detailed analysis of all the details of an accident that occurred on the road. They must conduct an objective assessment of the accident, identifying the causes and degree of guilt of all participants in the emergency.

Inspectors, relying on their experience and knowledge of the law, can skillfully explain the accident, specifying which rules were violated and clearly defining the optimal punishment for each of them.

Based on the results of the work of the analysis group, an appropriate resolution on the offense that occurred is drawn up. The appointment to conduct an analysis of emergency situations on the highway and road is carried out after the accident has occurred and a package of documents relating to the incident has been completed. It is issued by an inspector who arrives at the scene of the incident to investigate the situation.

Is it possible not to attend such a meeting? In theory, yes, if there is clear confidence that the person to blame for what happened has been identified. This should already be written down in the appropriate protocol. However, not all accidents are obvious at first glance.

If you have even the slightest doubt, it’s worth spending a day but taking part in the analysis. If necessary, this is the only way to prove that you are right.

When is a review group created?

Usually if the damage is caused only to property, i.e. Only cars were damaged and there were no casualties or injuries among people; no investigation was scheduled. In such a situation, all accident conditions can be determined on the spot.

Also, a review team may be proposed if the inspector has doubts about the interpretation of what happened. For example, he does not understand who initiated the collision and what motives preceded it. In such a case, a debriefing team can be appointed without the presence of injured people.

Participants in an accident receive an appropriate order from the inspector right on the spot to appear for an analysis of the situation at the agreed time.

Commission terms

The accident investigation team works within the regulated time frame to carry out all activities to identify the culprit of the incident. An average of 3-30 days is allotted for analyzing an emergency situation.

The duration of the period is directly equal to the complexity of the case and the number of measures required to establish the causes of the incident - are examinations needed, will there be interviews with witnesses, etc. The period can be extended, as stated in the Code of Administrative Offences, for a month.

An extension of the review period occurs if department employees have new facts and materials of the case, which may affect the original decision. The situation changes especially often if recordings from DVRs or footage from street cameras appear. In addition, inspectors may need to interview witnesses, which also takes a lot of time.

If people were injured in the incident, traffic police inspectors will need a conclusion from doctors about the severity of the injuries. All details are studied scrupulously, because... The punishment for the culprit of the accident is determined by the totality of all parameters - damage caused, harm to health, etc.

If the victims suffered moderate to severe injuries as a result of a car accident, treatment will take a long period. Against this background, the work of the review group will be extended accordingly – for up to six months.

How does the procedure itself work?

There may be several options for how the analysis procedure goes. Inspectors can either invite the participants in the incident into the office one by one, listening to each side separately, or call them together using the principle of confrontation.

During the analysis, drivers are not allowed to look at the accident diagram (therefore, you should worry about a copy of it in advance), only partially familiarizing yourself with the case materials. This helps those involved in the accident to remember the nuances and details of the incident without relying on visual memory and pictures seen.

If the incident was ambiguous or the amount of damage must be very clearly established, for example, at the request of the insurance company, inspectors must order an examination.

In practice, this happens infrequently - traffic police representatives try to avoid additional checks, citing the workload of the relevant department services. But if this point is fundamentally important for the affected parties, we must insist on its implementation, especially since they have such a right.

When there are victims involved in an accident, then, depending on the severity of their condition, a decision will be made to transfer them to the court or the prosecutor’s office for further proceedings, establishing the degree of guilt and determining punishment.

What rights do discussion participants have?

Each participant in an accident who attends a meeting of the review group has certain rights. This:

Help from a lawyer: in case of a serious accident, it is better to use the services of a car lawyer and this should be done right away, so that the lawyer can develop a unified defense tactic from the very beginning.
Familiarization with the case materials: before the meeting, you need to visit the department and ask the inspectors to review the case materials - witness statements, photo and video evidence, etc. If you have a lawyer, then you should do this with him.
Submit petitions, add evidence to the case, etc.: for example, there is a record from the registrar (yours or someone else’s, it doesn’t matter), you can ask to file it with the case.
Require an examination procedure.
Require a request for certificates from the road service about the condition of the road surface or the illumination of the area where the accident occurred.
Record the process on a voice recorder.
Having an interpreter in the debriefing group is important for foreigners.
To appeal the decision: this is given 10 days from the moment the driver receives a copy of the decision - the appeal is carried out to a higher authority of the inspectorate or in court.

Results of the review group's work

Based on the results of the meeting of the traffic accident analysis group, an appropriate order or resolution is drawn up regarding the fact of the administrative offense. It is handed over to the person responsible for the accident against signature. Based on the results of such an inspection, the injured party receives a certificate of the accident.

It is worth remembering that no one can be arrested or deprived of their rights at the debriefing group. Only the court can do this.