Following a road traffic accident, the police often issue a report under Article 124 of the Code of Administrative Offences. However, this does not mean that the driver’s guilt has already been proven. The report is merely one piece of evidence. The final decision is made by the court. The problem lies elsewhere. Most people only start to defend themselves after receiving a summons. By this time, some of the evidence has been lost, and errors in the documents remain unnoticed.
That is precisely why a lawyer specialising in Article 124 of the Code of Administrative Offences is needed immediately after the accident has been recorded.
Traffic accident lawyer: what is checked first
Every case begins with the documents. If there are inaccuracies in them, this may influence the court’s conclusions. When analysing the case, the lawyer checks:
- the police report;
- the accident diagram;
- statements from those involved;
- photos and video recordings;
- witness statements;
- other case materials.
Sometimes the diagram incorrectly shows the position of the vehicles. Sometimes the statements are not recorded in full. Procedural violations can also occur during the preparation of documents. Such details matter. It is on these that the defence is built.
Traffic accident lawyer for cases with disputed circumstances
Not every accident has a clear culprit. This is particularly true if the collision occurred at a junction, whilst changing lanes or reversing. In such cases, a traffic accident lawyer helps to establish the actual circumstances of the incident. The following may be used for this purpose:
- CCTV footage;
- data from dashcams;
- eyewitness accounts;
- expert reports.
The more evidence gathered at the outset, the easier it is to defend your position in court.
Court cases following a road traffic accident: what not to do
There are mistakes that drivers make repeatedly. The most common of these are:
- signing documents without checking them;
- refusing to provide written explanations;
- ignoring court summonses;
- attempting to handle a complex case on your own;
- submitting evidence at the last minute.
Once legal proceedings begin following a road traffic accident, it becomes more difficult to rectify the situation. The court works with the materials already on file. Therefore, you must act immediately upon receiving the accident report.
Compensation for road traffic accident damage and protection of the driver’s interests
After an accident, another issue arises – money. The damaged car needs to be repaired. The insurance company may reduce the payout or refuse compensation altogether. The other party may make claims with which the driver does not agree. In such situations, it is important to complete the paperwork correctly and confirm the extent of the damage.
Compensation for road traffic accident damage often becomes a separate dispute. This is particularly true when significant repair costs or a loss in the car’s market value are involved.
Why do people turn to Svarog’s lawyers?
A case under Article 124 of the Code of Administrative Offences requires an analysis of the facts, not a one-size-fits-all solution. Two similar accidents may have different outcomes in court. Svarog’s lawyers:
- review the case materials;
- identify procedural violations;
- formulate a legal position;
- represent the client’s interests in court;
- assist with claims for compensation.
If a report has been drawn up against you following a road traffic accident, do not delay seeking advice. Some evidence can only be obtained in the first few days after the incident. Delaying often works against the driver.
Questions and answers
What are the penalties under Article 124 of the Code of Administrative Offences?
The penalty under this article provides for a fine or the deprivation of the right to drive vehicles for a period specified by law.
How do I challenge a report under Article 124 of the Code of Administrative Offences?
You need to check the legality of its drafting, analyse the evidence and prepare a defence for court.
Is it possible to avoid a fine or a driving ban following a road traffic accident?
Yes. If guilt has not been proven or if there were procedural irregularities during the preparation of the case file, the court may dismiss the proceedings.
What evidence is required in a case under Article 124 of the Code of Administrative Offences?
Photographs, videos, a diagram of the accident, statements from those involved, witness evidence, expert reports and other documents.
How does a court hearing under Article 124 of the Code of Administrative Offences proceed?
The court examines the case materials, hears the parties involved and then delivers its decision.
How much does a solicitor cost for a case under Article 124 of the Code of Administrative Offences?
The price depends on the amount of work involved, the complexity of the case and the number of court hearings. The exact cost is determined following a consultation.