What is a road accident?
A road accident is defined in the New Traffic Code as a road event that cumulatively meets the following conditions:
- occurred on or originated from a road open to public traffic;
- resulted in the death or injury of one or more persons or damage to at least one vehicle or other damage to property;
- at least one moving vehicle was involved;
What should you consider if you have been involved in a road traffic accident?
In the event that you have been involved in a road accident that resulted in bodily injury to one or more persons, you must consider the following aspects: Essentially, in the event that the road accident resulted in bodily injury to one or more persons, the criminal investigation bodies (Police) will proceed to open a criminal case for the commission of the crime of Negligent Bodily Injury, as this crime is regulated by the provisions of Article 196 of the the Criminal Code.
The legal conditions regarding the crime of "Negligent bodily injury", caused as a result of a road accident:
In this case, you should be aware that certain legal conditions must be met in order for the actual act committed to be a crime, namely:
– The at-fault driver must be under the influence of alcohol or, where appropriate, under the influence of a psychoactive substance, or engaged in an activity which in itself constitutes an offense (e.g. driving a vehicle without a driving license) and as a result of the road traffic event, traumatic injuries or damage to a person's health, the seriousness of which is assessed by days of medical care of up to 90 days;
– The act directly constitutes the offense of "culpable bodily injury", if one of the following consequences has occurred:
- A disability;
- Traumatic injuries or damage to a person's health that required more than 90 days of medical care to heal;
- Serious and permanent aesthetic damage;
- Abortion;
- Endangering a person's life.
At the same time, it is important to know that, in the situation where the aforementioned consequences have occurred on two or more persons, the law requires a mandatory increase of the special penalty limits by one third. You must also keep in mind that criminal proceedings will be initiated by the criminal prosecution bodies only if a prior complaint is filed by the injured person.
It is important to mention that the criminal investigation bodies arriving at the scene will proceed to draw up an on-site investigation report, and subsequently, they will proceed to hear the persons involved in the road accident, as well as to administer any evidence that may be requested by the parties involved in the road accident or whose administration will be ordered ex officio.
Why is it important to be assisted by a lawyer in legal proceedings arising from a road accident?
Both in the situation where you are at fault for the road accident and in the situation where you are the victim of a road accident, it is important to consult with a lawyer to understand the legal proceedings that will take place as a result of the road accident in which you were involved, as well as your rights and obligations within these proceedings.
If you are at fault for the road traffic event, consulting a lawyer helps you to understand the criminal consequences arising from the road traffic incident, and together you and your lawyer will develop the defense strategy you will use in the criminal proceedings.
In the event that you are the victim of a road accident, you have the right to coverage for material damages (for example: hospitalization expenses, damage to the vehicle, expenses incurred in carrying out special therapies to recover physical capacity, etc.) and moral damages (mental harm) that you suffered as a result of the road accident.
Timely legal advice from a lawyer can make it easier for you to obtain material or, where appropriate, moral damages in a shorter time or for a higher amount. Your assistance and representation in your dealings with the insurance company is extremely important, given that these companies sometimes refuse to pay the compensation to which you are entitled, for purely formal reasons, or they may award compensation that is derisory in relation to the actual damage caused.
What legal services can we offer at TSLaw?
- First of all, we will analyze with you the conditions in which the road accident occurred, and then we will establish an optimal strategy for you, either in order to guarantee the right to defense in the situation where you are the person at fault for the road accident, or in order to obtain the damages to which you are entitled in the situation where you are the injured person in the road accident;
- Assistance/representation in criminal proceedings, in order to administer extensive and detailed evidence that will ultimately lead to finding the truth in the case;
- Permanent and detailed consultancy within the framework of legal proceedings, so that, ultimately, your rights and obligations are exercised in a compliant and legal manner;
- Assistance/representation in the legal proceedings that will need to be carried out in relation to the insurance company in order to obtain civil compensation;
- Initiating legal proceedings to obtain an enforceable title, and respectively we will assist/represent you in the enforcement procedure to recover the amounts owed by the insurer.
To start a collaboration, please send us a message via Contact.
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