Theory And Practice
One can come into a traffic accident due to his\her own fault or somebody’s fault or even without any fault at all. Traffic police is interested in only drivers – they can be easier and quicker blamed for an accident, and the drivers are overwhelmed with the accident and are not able to attentively study a place of accident. Some drivers find themselves in an accident for the first time and are unaware of and miss the key moments in course of making up an accident report. In the accident reports it is practically impossible to find description of the lines of the road markings, but often they are worn, hidden with a layer of snow.
The facts of traffic rules violation or operation of the transportation means may not be by themselves cause of an accident. Element essential to the offence is a cause-after-effect relation between this and that violations committed by the traffic parties, road, weather conditions and the occurred. Many offences take place due to poor road conditions. The lawyers must know duties of the road maintenance organizations and demand to include into the process of judicial hearings necessary inquiries, certificates, expertise findings if there are suppositions that an automobile accident is not prevented or burdened by the road conditions. For many years the road maintenance organizations have been invulnerable and even in the most evident cases of their fault because of poor knowledge and skills of the lawyers who participated in accident investigation. Of late, at last, appear court decisions which bind the road organizations reimburse damage inflicted.
In case of a running-down accident and lack of brake track, investigators and experts often consider this circumstance as a fact of unexpected appearance of a pedestrian on the road and the driver failed to respond and avoid collision. Available brake track is considered mainly as a fact that the driver saw a pedestrian, responded but failed to avoid collision because chose speed wrong for the given road conditions. Often it is unfair because braking is a natural response even if a pedestrian throws himself to the vehicle, but this is a case of judicial practice
Attention!
Nobody must give evidences and explanations on the site of accident, this is your right. That is why, after an accident, if you are sure not of the causes, do not tell traffic police any information about the accident, except from personal data. You can say that you feel bad.
Decision of an expert examination by the investigator and the court must be executed in accordance with procedural requirements. If there is no document on expert examination, then this examination is not valid.
Impotant
To sell a vehicle by issuing a letter of authority is risky: tomorrow it can be in an automobile accident or participate in a crime, and it will be you who will have to settle the accounts as an owner of the vehicle. To buy an automobile having a letter of authority in hands is even more risky: tomorrow it can be confiscated, stolen, crashed and you will have no rights to appeal to police.
A lawyer of Moscow Legal Center who specializes in traffic accidents and has rich experience in such accidents will help you. Our lawyer will consider all circumstances of the accident, help in road, track, medical and other examinations, and will make all necessary actions.
The lawyers who specialize in automobile accidents are fast to respond to you signal for help. Our traffic accident lawyers often win a case which, on a first glance, looks helpless.
|
