Lawyer for drivers investigated after a road accident with victims
Were you involved in an accident with victims and became a suspect in the case?The first days decide how fault is established: traces at the scene, witnesses and the technical expert report.I defend your position as the investigated driver, both on the criminal charge and on the civil claims.
I personally handle your case
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What is your situation now?
Choose the scenario closest to your situation.
The accident has just happened
The on-site investigation fixes most of the evidence: braking marks, vehicle positions, damage, witnesses. Favourable data can be lost for good if not requested immediately.
You were summoned for questioning as a suspect
The statement you give now stays in the file throughout the proceedings. We prepare together the police or prosecutor questioning.
The victim died or has serious injuries
The legal classification may change depending on the forensic conclusions on the days of medical care or on the cause of death. Those conclusions can be analysed critically and challenged.
Alcohol, drugs or leaving the scene are discussed
In these situations additional charges appear, and the defence is coordinated with the one in a case of leaving the accident scene.
What I review immediately in your case
I check:
- the on-site investigation report and the photo file;
- the accident sketch and the measurements taken;
- braking marks, damage and the point of impact;
- the technical condition of the vehicles involved;
- road conditions, visibility, signage and road surface;
- witness statements and any contradictions;
- video recordings from traffic or dashcams;
- the technical and scientific findings report;
- the forensic conclusions on the injuries or the cause of death;
- the victim's behaviour and any concurrent fault;
- any related charges in the same case;
- the insurance policy and how the insurer intervenes.
What you should send me
If you have them, send me:
- the summons or ordinance showing your procedural status;
- the police report;
- photographs from the accident scene;
- the dashcam recording, if any;
- the vehicle documents and the insurance policy;
- medical documents, if you were also injured;
- the details of witnesses you identified.
If you do not yet have the case documents, describe the place, the time, the directions of travel and what was found at the scene.
What charges can be brought against the driver
Where the accident results in injuries, the act may be classified as bodily harm through negligence under art. 196 of the Criminal Code. Where a person has died, the classification is negligent homicide under art. 192.
Both provisions include aggravated forms where the accident results from a breach of legal provisions or of precautionary measures for carrying out an activity.
Other road charges may appear in the same case, and the defence must cover all of them together.
How fault is established in a road accident
Fault is assessed against the traffic rules and against what a diligent driver could have foreseen and avoided in the concrete situation.
Speed, visibility distance, reaction time, the possibility of avoiding the impact and the conduct of other road users are analysed.
A well-founded technical vehicle expert report can completely change the picture of the accident dynamics.
Causal link and concurrent fault of the victim
Criminal liability requires more than a breach of the traffic rules. The causal link between that breach and the result must be proven.
In many accidents the victim's conduct contributes: crossing in a prohibited place, walking on the roadway at night without reflective items, entering an intersection unlawfully.
Concurrent fault does not automatically remove liability, but it can change the classification, the sentence and the amount of damages.
Technical and forensic expert reports
The technical vehicle expert report establishes the accident dynamics, the speeds and the possibility of avoiding the impact.
The forensic report establishes the injuries, the days of medical care and the cause of death, elements that determine the legal classification.
Both can be supplemented or challenged, and the request must be made at the right procedural moment, with clear objectives.
Civil claims and the role of the motor insurer
The injured person or the successors may join the criminal proceedings as civil party and claim material and moral damages.
The motor insurer is summoned and is liable within the limits provided by law and by the policy. I assess the extent of cover and the part that could remain your responsibility.
I also review the amounts claimed, as they are frequently disproportionate to the damage actually proven.
Settlement, withdrawal of the complaint and their effects
For bodily harm through negligence, in the situations provided by law the criminal action is set in motion upon the prior complaint of the injured person, and its withdrawal may lead to the termination of the proceedings.
For negligent homicide the criminal action is exercised ex officio, and an agreement with the victim's family concerns only the civil claim and sentencing.
Preventive measures that may be ordered against the driver
In serious cases preventive measures may be ordered, from judicial control to detention. These are explained on the page about preventive measures.
Common mistakes made by investigated drivers
- detailed statements given immediately after the accident, in shock, without a lawyer;
- repairing the vehicle before the expert examination;
- admitting guilt in discussions with the victim's family or the insurer;
- accepting uncritically the conclusions of the first technical report;
- not requesting an expert report where the accident dynamics are debatable;
- ignoring the civil claim until the last hearing.
Frequently asked questions
Am I automatically guilty because I hit a pedestrian?
No. A breach of the traffic rules and the causal link with the result must be proven. The pedestrian's conduct is analysed in concrete terms.What does concurrent fault mean?
It is the situation where the victim also contributed to the accident. It can influence the classification, the sentence and the amount of damages.Who pays the damages to the victim?
Within the limits of the policy, damages are borne by the motor insurer. Beyond those limits or in excluded situations, liability may fall on the driver.Can I request a new technical expert report?
Yes. An expert report or additional objectives can be requested, with concrete arguments about the unclear points in the existing report.If the victim withdraws the complaint, is the case closed?
For bodily harm through negligence, withdrawal of the prior complaint may lead to termination in the cases provided by law. For negligent homicide the action is exercised ex officio.Will I lose my licence until the end of the trial?
The licence may be withheld and the right to drive suspended during the proceedings. The final situation depends on the outcome of the case.Can I avoid an executed prison sentence?
In many negligence cases non-custodial outcomes are obtained, depending on the seriousness of the result, the circumstances and your conduct.
Contact | Free initial assessment
Tell me in a few sentences what happened and I will tell you concretely what the next steps are. The first assessment discussion is free.
Official resources
- Legislative Portal - Criminal Code, art. 192 on negligent homicide. (Legislation)
- Legislative Portal - Criminal Code, art. 196 on bodily harm through negligence. (Legislation)
- Legislative Portal - Criminal Procedure Code, provisions on expert reports and civil action. (Legislation)