Group for analysis of administrative offenses in the traffic police

Traffic police analysis group

Many motorists have become involved in a traffic accident at least once in their driving experience. The extent of liability depends on whether you are at fault in the incident, the severity of the accident and other circumstances of its occurrence. The most unpleasant consequences of such an incident can be called deprivation of rights and administrative arrest.

It is worth noting that only a court can find someone guilty of an accident and apply liability in the form of administrative arrest or deprivation of rights in accordance with the current Code of the Russian Federation on Administrative Offences. The traffic police officer only records facts of violations and draws up a corresponding protocol on the administrative offense. Next, the traffic police officer sets a date and time to appear in the so-called traffic police analysis group, the official name of which is the administrative practice group, where all parties to the accident must appear at the same time. Here, the group inspector examines all the materials together, determines who violated the Traffic Rules (TRAF), and issues a decision on an administrative violation. And all these materials are subsequently submitted for consideration to the court for the final identification of the culprit of the incident and the application in relation to him of one or another sanction provided for by the Code of Administrative Offenses, depending on the nature of the offense.

bypassing judicial red tape directly, in the analysis group.

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But even if the court found you guilty of an accident, you should not despair, since administrative legislation provides for the opportunity to appeal a court decision to a higher court within 10 days from the date of its receipt, and after that, if luck does not smile in the second instance, you can appeal by way of supervision in the presidium of the court.

You can also appeal the decision (resolution) of the review group in court within the same 10 days from the moment you receive it.

And finally, if you come to a consensus at the stage of the traffic police analysis group, and everyone unanimously identifies the culprit of the accident, who, in turn, will not deny guilt, then going to court will not be required, the latter simply pays the required fine and provides a receipt to the traffic police about payment.

Accident analysis in the traffic police analysis group

Unfortunately, it is impossible to protect yourself 100% from getting into an accident, since it can happen for reasons beyond a person’s control. Therefore, you must always be prepared for its occurrence and not fall into panic or stupor after an accident has occurred, but take all measures to minimize the damage. So, what should you do if you become involved in an accident?

Immediately after the accident

According to the requirements of the traffic rules (clause 2.5), in the event of an accident, the driver is obliged to stop, turn on the malfunction alarm and install an emergency sign no closer than 15 m from the car in the city or 30 m on a country road. Often, those involved in an accident under stress forget to put up a sign or neglect this requirement, hoping for good visibility and clear weather. The result of such forgetfulness can be repeated collisions with a damaged car standing on the road.

An emergency sign is a mandatory attribute of a car along with a first aid kit and a fire extinguisher. But, since the presence of the sign is not currently checked during technical inspection, it may not be there at the right time. In this case, you can use some other bright and noticeable object instead, for example, a canister.

If there are victims who need emergency medical care, you should call the rescue service by phone 112 or an ambulance by mobile phone by dialing the number:

After this, depending on the circumstances and consequences of the incident, you need to call the police to summon traffic police officers to the scene of the incident.

If the accident is minor and insignificant, then you can do without calling the police to the scene of the accident. But for this to happen the following conditions must be met:

There was a collision of only two cars;
No damage was caused to the health of the participants in the accident;
There are no disputes on both sides of the incident about who was responsible;
Both parties to the accident have valid MTPL policies;
The material damage caused is estimated at up to 50 thousand rubles.

In this case, drivers can independently fill out road accident forms available in the annex to the MTPL policy.

When filling out the notice, it is important to describe in detail the pattern of the collision and record all damage received, indicating their extent. An additional advantage will be recording the location of the collision and the resulting damage on a video camera or cell phone. After this, you need to record the accident at the traffic police department or the nearest traffic police post and you can go to the office of the insurance company to submit an application for payment of compensation.

If drivers cannot come to a consensus about the culprit of the accident or there are other violations of the conditions listed above, then you need to call a police officer and be at the scene until he arrives. While waiting for traffic police officers to arrive, you should not deal with the second participant in the accident, but try to perform the following actions:

write down the phone numbers of third-party witnesses to the incident;
record on video or a photo camera the scene of the accident, traces and parts of cars left on the road, all damage received on cars with their registration numbers;
find out where video cameras for monitoring the traffic situation or security cameras for commercial organizations are located, which could record the incident and be used in the future as objective evidence of your innocence in what happened.

Video: Traffic police of Blagoveshchensk. Mayhem at the traffic police station

When registering an accident

In accordance with the requirements of paragraphs. 210, 215 of the Administrative Regulations of the Ministry of Internal Affairs, the traffic police inspector is obliged, upon arrival at the scene of the incident, to collect explanations from each participant in the accident and witnesses, study and record the existing traces of the accident, and draw up its diagram. A diagram of the incident with a detailed indication of the details of the collision must be provided to the participants in the accident for review upon signature.

If one of the participants does not agree with some of its points, then he has the right to express his opinion and his version of the incident. In this case, all comments must be substantiated by testimony of witnesses or data from objective materials (video or audio recordings, photographs). The participant in the accident must express his disagreement with the inspector’s conclusion about the culprit of the accident in writing in the dissenting opinion column in the accident report.

In cases where the causes of the accident and the culprit are obvious and do not raise any doubts, the inspector immediately draws up a resolution on the administrative offense.

If the investigation of an accident requires additional measures or raises disputes regarding the determination of its culprit, then the inspector draws up a report of the incident, where he indicates the alleged culprit, and transfers the case materials to the district department of the traffic police for further analysis, issuing instructions to the participants of the event to appear.

Video: Main road. Review group: Accident at a roundabout

How traffic accidents are analyzed in the traffic police

Further investigation of the accident in the traffic police department is carried out by a special group of administrative practice, whose task is a detailed analysis of the accident , to identify its true causes, taking into account all factors and determining the degree of guilt of each participant. This procedure, which is not very pleasant for them, is necessary for the correct qualification of the violation and the adoption of a final decision on the accident. This procedure is officially called the “administrative practice group” or “analysis group” in the traffic police.

Time limit for consideration of a traffic accident case

The processing time for an accident case usually ranges from 3 to 30 days, depending on the complexity of the case and the required measures.
In special cases, the period may be extended by an additional month on the basis of Art. 28.5 and 28.7 Code of Administrative Offences. During the specified period, the group studies the received materials, additionally interviews the participants and all witnesses to the incident, and reviews video recordings and photographs, if available. If, as a result of an accident, there are victims who have received physical injuries, they are sent to undergo a medical examination to determine the severity of the damage to their health. In this case, a final decision on the case requires a medical opinion, which can be issued only after the victim has completed the course of treatment. Depending on this, the period for considering an accident case can be extended by six months with the permission of a higher inspection body.

To clarify the severity of the injuries received, the analysis team may require a forensic medical examination report.

In any case, if there are victims of an accident, the analysis team needs to obtain a conclusion on the severity of the injuries. If there are victims with moderate or severe severity, then the case materials are transferred to the prosecutor's office or the investigative body to initiate a criminal case.

How does the traffic accident analysis team work at the traffic police and how to behave

Even despite the insignificance of the damage received in the accident and one hundred percent confidence in his innocence, the participant in the accident should not neglect to appear for analysis at the traffic police department, since in practice there are many examples that such ignoring led to unpleasant consequences in the form of being recognized as the culprit of the accident with all the ensuing consequences. Attending the hearing will give you the opportunity to defend your case with compelling arguments. If there are objective reasons that prevent participation in the analysis within the established period, you must submit a written request in advance to postpone it.

Each participant in an accident during this period has the right:

Be familiar with all the materials of the case;
Give petitions, explanations and present your evidence in the case;
Explain in your native language with the participation of an interpreter;
Require a technical and trace examination, calling eyewitnesses of the incident, attaching evidentiary documents to the case, requesting certificates from municipal and road services about the condition of roads and lighting in this area;
Record the procedure for analyzing an accident at the traffic police on a voice recorder;
Use the services of a car lawyer;
Appeal the decision.

This is where you should use all the videos and photographs or dash cam recordings taken at the scene of the incident, with which you can defend your position, provided that they confirm its correctness. If the footage shows that the bearer of the recording is guilty of committing an accident, then no one can force him to produce this recording, since Art. 51 of the Constitution of the Russian Federation allows a citizen not to give evidence against himself and his close relatives.

If you have your own witnesses to the incident (they can be both random passers-by and relatives who were in the car), you should submit a written statement in advance about calling them to the traffic police department for analysis. In complex incidents, qualified assistance in protecting the interests of a participant in an accident can be provided by a lawyer specializing in this profile, an auto lawyer, whose participation must also be announced in advance.

When heading to the traffic police, you should remember all your initial testimony at the scene of the incident, so that new explanations do not contradict previous testimony. If there are discrepancies in the repeated explanatory note with the primary data, this will become a reason for the inspector to suspect you of dishonesty and an attempt to evade responsibility. You need to defend your opinion and seek the truth, based on the provisions of regulations and using your legal rights.

When communicating with the participants in the accident, traffic police officers usually do not give the opportunity to look at the case materials and also show a partial diagram of the accident. Thus, they create conditions so that drivers themselves can remember all the details and circumstances of the incident. In this case, the participants in the accident can be helped by a photocopy of the road accident diagram drawn up by the traffic police inspector at the scene of the incident, if they managed to photograph it at the time.

It happens that both parties are invited to an analysis at the traffic police department at the same time and it is carried out with their participation, effectively turning into a confrontation. During such meetings, by the nature of the interrogator’s communication, one can judge how objectively he strives to “unravel” the case, whether he has any interest or bias towards one of the parties. If there is such a tendency during the investigation, the “unfavorable” party may file a complaint with the prosecutor or senior management of the traffic police, but it must be justified by specific examples, remarks and actions taken by the investigator against the applicant.

Regardless of how traffic accidents are analyzed by the traffic police, many disputes regarding road accidents cannot be resolved objectively without conducting automotive technical examinations appointed by the investigator or carried out on the initiative of one of the parties to the conflict. Typically, investigators try to do without additional expert research, since the expert’s conclusions may not coincide with their final decision on the case. In addition, the expert services of the Ministry of Internal Affairs are always overloaded, and third-party independent organizations that provide services for conducting traceability and technical examinations need to pay decent money.

Copy of the resolution on the administrative offense

The result of the work of the analysis group is a resolution on an administrative offense for this incident, which is handed over to the person responsible for the accident against signature. You can appeal this decision in court or a higher traffic police body within ten days from the date of its receipt, so you should not sign documents retroactively.

The participant in the accident who is innocent receives a certificate of traffic accident. The inspector in the analysis group cannot arrest or deprive of rights; this is done by the court, and the inspector only issues a decision on an administrative offense.

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.

How does traffic accident analysis work in the traffic police?

Content:

After a traffic accident, the main three commandments are:

Do what the traffic rules require of him.
Remember what is written in the terms and conditions of his insurance.
Participate in the analysis of road accidents in the traffic police.

A motorist is required by law to know the traffic rules. We have a separate article about how to apply for insurance . And knowing how an accident is analyzed is useful, first of all, for the driver himself. We will try to cover this topic from all sides. If you still have questions, we recommend that you seek advice from a professional lawyer.

Don't have time to read the article?

Analysis of road accidents in the traffic police: what, where, when?

Directly at the scene of the incident, only its overall picture is fully documented. Analysis (analysis, classification) of road accidents takes place in the territorial traffic police department. The incident is considered either in the administrative-legal or in the criminal-legal field. But first things first.

When does an accident become the subject of analysis?

After carefully studying and documenting all the circumstances, a diagram of the traffic accident is drawn up. In case of general agreement, a resolution is passed. If consensus is not reached among the participants in the accident, the collected information is submitted for consideration to the analysis group of the local traffic police. Materials are also sent there when the inspector was unable to independently determine the culprit of the accident.

Traffic police analysis group

An analysis group is a special structure for a detailed analysis of road accidents in the local traffic police unit. Its official name is GAP, Administrative Practice Group. Analysis tasks include:

an unbiased and comprehensive investigation of all the circumstances of the accident;
establishing the factors that influenced the fact of the incident;
determining the guilt of the participants;
qualification of violated traffic rules;
determination of penalties that can be applied to those responsible for the accident.

The review team does not have the authority to take such measures as deprivation of a driver’s license or arrest. The upper scale of sanctions is a fine in accordance with Chapter 12 of the Code of Administrative Offences. The final document of the review group is the Resolution on an administrative offense.

How is analysis carried out?

First of all, they find out whether the accident caused harm to the health of any of the participants. For this purpose, the victims are sent for a medical examination. When medical intervention is necessary, they wait for a medical opinion at the end of the treatment course. If there are moderate or severe injuries, the case becomes criminal.

When there are no casualties or medical The conclusion has already been received, several traffic police officers are starting to work as part of the analysis team. They are authorized to study the incident report, analyze the accident, study available documents and hear testimony from the participants in the incident. Basically, the analysis consists of the following activities:

Studying data from the accident report and interviewing witnesses.
Traceological and/or automotive technical examination. This happens when necessary. It happens that their initiators are not representatives of the analysis team, but one of the participants in the accident. The latter have every right to do this.
Interviewing participants and reviewing all documents related to the case. Drivers are interviewed individually and simultaneously. The second option belongs to the category of confrontation and is used to prevent deception in testimony.

During the analysis process, traffic police officers often limit the citizen’s familiarization with the materials. Including a complete diagram of the accident - it is shown in parts. This limitation encourages motorists to be more careful and makes the analysis more objective.

How long does it take to investigate an accident?

Depending on the circumstances of the accident and the required procedures, the analysis takes place within three days. In certain circumstances, the period may increase to a month. Such time frames are established by Art. 28.5 and Art. 28.7 of the Code of Administrative Offences. In addition to medical examinations, delays occur due to the review of video materials or the large number of witnesses who need to be interviewed. Due to the long-term treatment of victims, the process can take up to 6 months.

Rules of conduct for road accident participants

Participation in the analysis is useful not only for the obvious culprit, but also for each participant in the accident. No one knows you better and can defend your interests. If something prevents you from visiting the traffic police on the day when the analysis takes place, it is possible to apply to reschedule the date.

Before showing up at the appointed time, it is recommended to think over your position. Recover in your memory not only the accident itself, but also everything that was said to the traffic police inspector at the scene of the incident. Inconsistencies in the testimony of the same person arouse suspicion among police officers. In addition, it is better to know which regulations you can rely on when protecting your rights.

You can and should use any photographs and videos that confirm your position. The same applies to witnesses who can testify in your favor. Also, do not forget that the Constitution allows you not to testify against the interests of yourself and your relatives.

Sometimes you may get the impression that the inspector is “pressuring” you because he is more inclined to favor the other side’s version. Even if time does not confirm your suspicions, audio recording of your communication will help you both protect and reassure yourself. In the worst case, these records need to be attached to the complaint to the head of the territorial traffic police department or the prosecutor. Of course, the statement must be supported by significant evidence.

The final decision of the analysis team is issued to the person responsible for the accident. When the latter does not agree with the conclusions, he has the right to appeal them within 10 days. The examination by the state traffic inspectorate only determines who is right and who is wrong. The final word, including in establishing a preventive measure, rests with the court.

How to build your defense?

To competently defend your position, you need to use all rights established by law. The interests of the participant in the administrative investigation are protected by Art. 25.1 of the Code of Administrative Offences. According to it, this person has the right:

get acquainted with the case materials at any stage;
contact the investigation team with petitions, provide evidence of your innocence, and provide explanations regarding the accident;
use your native language with the invitation of an interpreter;
insist on the presentation of evidence, including the use of special examinations;
keep an audio recording of the entire process;
Hire a lawyer (the sooner the better).

Due to the provisions of the Code of Administrative Offenses, it is also possible and necessary to request the traffic police to include the necessary certificates with the documents. For example, about the condition of the roadway or the level of illumination at the scene of the incident. In addition, it will be useful to take a photo of the accident diagram on your phone.

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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