Legal obligations in case of a car accident

car-accidentIn the vast majority of the countries in Europe, the Road Codes establish the legal obligations of each person in case of a car accident. Thus, a traffic accident is an event that cumulatively meets the following conditions:

  • occurred on a road open to public traffic or originated in such a place;
  • resulted in the death, injury of one or more persons or damage to at least one vehicle or other material damage;
  • at least one moving vehicle was involved in the event.

In the event of an accident with victims

The driver involved in a traffic accident that resulted in the death or injury of the bodily integrity or health of a person is obliged:

  • take measures to notify the police immediately;
  • not to modify or erase the traces of the accident;
  • not to leave the crime scene.

Any person who is involved or aware of the occurrence of a traffic accident resulting in the death or injury of the bodily integrity or health of one or more persons, as well as in the event that a vehicle carrying dangerous goods is involved in the event is obliged to immediately notify the police and to call the unique national number for emergency calls112, existing in the European telephone networks.

It is forbiddento any person:

  • to change the position of the vehicle involved in a traffic accident that has resulted in the death or injury of the bodily integrity or health of one or more persons;
  • to change the state of the place;
  • to erase the traces of the accident without the consent of the police investigating the accident.

The driver of the motor vehicle, agricultural or forestry tractor or tram, the certified driving instructor who is in the process of practical training of a person to obtain a driving license, as well as the examiner of the competent authority during the practical tests of the driving license or any of its categories or subcategories, involved in a traffic accident, are prohibited from consuming alcohol or psychoactive substances after the event and until testing the concentration of alcohol in expired air or collecting biological samples.

According to Demas Law Group, if these provisions are not complied with, the results of the test or analysis of the biological samples taken shall be deemed to reflect the condition of the driver or examiner concerned at the time of the accident.

In the event of an accident resulting in only material damage

Drivers involved in a traffic accident resulting in only vehicle damage and/or other property damage are liable:

  • to immediately take the vehicles out of the roadway or, if the condition of the vehicles does not allow it, to move them as close as possible to the curb or sidewalk, signaling their presence;
  • to report to the competent police unit within the area where the accident occurred within 24 hours from the occurrence of the event for the preparation of the finding documents.

Exceptions to the above provisions:

  • drivers of vehicles who conclude an amicable finding of accident, in accordance with the law;
  • the driver of the vehicle who has optional car accident insurance, and the traffic accident resulted only in the damage of his own vehicle.

These persons are exempted from the obligation to report to the police unit if there is optional insurance on the basis of which they can be compensated for the damage of the respective vehicles.

Police officers will take the necessary steps to identify the vehicle involved in the road accident and the driver who did not report to the police for verification.

If your vehicle was damaged while parked or parked, it is necessary to go with it to the premises mentioned to declare the event and make the documents of finding.

CAREFUL! The owner, the authorized holder, or the driver whose motor vehicle and agricultural or forestry tractor, trailer or tram has been damaged in circumstances other than a traffic accident is obliged to reportwithin 24 hours of the findingto the police unit within whose event occurred, for the preparation of the finding documents.

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