If you are involved in a road traffic accident, then in some cases, a trial will follow. Regardless of who is the culprit, everyone will need a court decision to receive insurance payments. In order to understand how the court proceeds after an accident, you must first understand the specifics of cases related to road offenses.
First of all, it should be noted that road accidents can be assigned different legal qualifications, which are determined on the basis of the degree of damage and material damage. It directly depends on how the court will proceed after an accident. If no one was significantly injured during a traffic accident, and only material damage was caused, then the case is considered in an administrative court. At the same time, if there are serious bodily injuries or victims, then the driver cannot get off with a fine – a criminal case is initiated.
Police inspectors who collect primary materials at the scene are the first to investigate the accident: they draw up a diagram of the collision, collect explanations of the defendants, witnesses, and other evidence. In the presence of all the necessary data to determine the culprit, the police officer has the right to draw up a protocol on an administrative offense. If there is not enough evidence, then the case is sent for inquiry, after which a final decision is made on bringing to administrative responsibility.
When signs of a criminal case are identified, an operational investigative group is called to the scene of an accident, which is collecting materials. The course of the investigation is directed by the prosecutor, who is subordinate to the investigator who is directly involved in the accumulation of evidence. At the end of the investigation, an indictment is drawn up against the suspect and sent to the judicial institution.
How the court happens after an accident
After all the evidence has been collected, the date and place of the trial is set. A summons will be sent to all participants in the traffic accident. But sometimes these documents do not arrive on time or do not arrive at all. Therefore, it is better to know in advance the date for which the meeting is scheduled yourself. This can be done 14 days after the incident in the administrative office.
During the trial, the participants in the accident get acquainted with the collected evidence base. They have the right to:
- submit petitions;
- attach written and other evidence;
- file an application for summoning and questioning witnesses;
- demand an objective examination of the case;
- appeal against the ruling of the court of first instance in the court of appeal.
After the judge has considered all the materials in the case and heard all the witnesses, he makes a decision. The deadline for appealing a court decision is established by law and is one week from the date of receipt of a copy by the interested person. You can get a copy of the court decision from the office a week after the meeting.