Law

Road accidents resulting in personal injury or death

Too much speed, carelessness and reckless driving, fatigue, or aggression in traffic are just some of the causes of road accidents that happen daily on the roads. I will present some general information regarding the consequences of a traffic accident resulting in human casualties.

THE GENERAL FRAMEWORK

In the event of a traffic accident resulting in the death or injury of one or more persons, a criminal case must be filed. In this case, your rights depend on the procedural position you have.

If you have suffered bodily injuries and you are not guilty of causing a traffic accident, you can become a civil party and quantify your claims for a sum of money. It is important to know that for these claims neither the stamp duty nor the judicial stamp is paid.
Within the application for incorporation as a civil party, both material damages and moral damages can be requested, which are demonstrated with documents, witnesses or expertises.
If the traffic accident results in the death of a person, his relatives or other persons who were in the maintenance of the deceased may be constituted as a civil party and may make material claims.

In the unfortunate situation in which the traffic accident happened because of you, the situation is very different from the consequences that occur. In this sense, depending on the days of medical care of the injured persons, the one who is guilty of the traffic accident may be criminally liable for his deeds, or his deed may not meet the constitutive elements of the crime of bodily injury through fault.

In other words, in order to constitute a crime, the committed deed must produce bodily injuries that require more than 10 days of medical care or if the criminal act caused an injury of more than 60 days or resulted in the loss of a sense or an organ, the punishment is imprisonment from 3 months to 2 years or a fine.

PROCEDURAL ASPECTS.

However, in the case of injuries that require up to 60 days of medical care, the criminal action is initiated upon the prior complaint of the injured person, which must be filed within 2 months from the day the injured person knew who the perpetrator is.

For the deeds that have as a consequence bodily injury, the reconciliation of the parties is possible at any time until the finality of a sentence of conviction and removes the criminal consequences of the deed. For specialised advice, you may want to consult a personal injury lawyer.

It should be noted that, in the case of a conviction for the crime of bodily injury due to fault, as a result of a traffic accident, the guilty person’s driving license is revoked, and obtaining the right to drive is conditional. one year after the final decision of the conviction, the attendance of a driving school and the passing of the driving test.

In the unfortunate situation in which the accident produced results in the death of one / more persons, the court’s solution depends on the circumstances in which the road event occurred and on the person of the perpetrator. Most of the time, a prison sentence is pronounced, with the conditional suspension of execution, but after analyzing the circumstances in which the unfortunate event occurred, there is the possibility of applying a prison sentence with execution.

A post by Kidal D. (5601 Posts)

Kidal D. is author at LeraBlog. The author's views are entirely their own and may not reflect the views and opinions of LeraBlog staff.

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