What is an accident analysis and in what time frame is it carried out? Administrative case on road traffic accident How to appeal the decision of the traffic police analysis group.

Unfortunately, not in all accidents it is possible to unambiguously establish whose actions caused the collision. And the correct identification of the culprit is very important, and not only for the sake of justice. Indeed, for the consequences of the accident, he bears material, administrative, and sometimes criminal responsibility!

Agree, it's scary when an innocent person is accused of committing a fatal accident. But justice can be achieved! Today I will tell you how to prove your innocence in an accident. Ilya Kulik with you. Go!

Guilt in a road traffic accident can only be established by a court. That is, until a decision on who is the culprit is made by the court or until you plead guilty, you are not.

The traffic police inspector only draws up a protocol on an administrative offense, if such was revealed during the accident. But since in most cases, although not always, collisions occur due to traffic violations, then usually the one who violated the rules is considered guilty. Moreover, not every offense can be the cause of an accident. Therefore, when violations are identified on both sides, it will be important to establish what exactly caused the accident.

For example, driving without a driver's license or insurance is prohibited by traffic rules and is punishable by a fine. But if another driver crashes into a standing car of a driver who has forgotten his license at home, backing away, the second driver will be found guilty, because he was not convinced of the safety of the maneuver. And although he is not entitled to a fine, he must compensate for the damage.

How to prove innocence in an accident - step by step instructions

And in this article, I will briefly recall those moments when registering an accident, to which special attention should be paid with a controversial fault, and I will tell you how to act in order to prove the absence of your fault in an accident, first in the traffic police, and then in court.

Step one: what to do right after an accident

If you doubt that your actions led to an accident, do not plead guilty. The main thing is not to sign documents with which you do not agree, otherwise it will be very difficult to prove your disagreement later.

Important! Do not leave the scene. Otherwise, it will be very difficult to prove innocence, if at all, even if you did not violate anything before the accident.

If opponents cannot decide on their own which of them is guilty, registration is impossible, calling the traffic police is mandatory.

If you understand that it is impossible to determine the culprit for objective reasons, perhaps the right decision would be to conduct a trace examination immediately after the accident. Yes, it costs money, but you don't have to challenge the wrongly pronounced guilt.

And also, if you clearly see that the situation is not in your favor, it is possible to call an auto lawyer to the place of registration of the incident.

First actions in case of an accident

Take high-quality photographs that will definitely indicate the location of vehicles on the roadway at the time of the collision (if the vehicle was moving, then glass fragments, etc.), traces of braking, the presence of road infrastructure (signs, markings) and the roadway, damage to auto.

If there is a video recorder, make sure that the recording of the moment of the accident is preserved, if there is no recorder, try to find videos recorded on the video recorders of other motorists or outdoor surveillance cameras.

Draw a diagram of the accident. Try to draw up a scheme that repeats the situation as much as possible, observing the scale, etc.

Take care of the presence of witnesses in controversial accidents. You can find out what is needed for this from the article:

Communication with traffic police officers

Ideally, by the time the traffic police inspectors arrive, you should be ready to prove your innocence. Carefully follow the filling of all documents by the inspector, especially for the correctness of the accident scheme. Something incomprehensible - do not hesitate, ask, but do not be intrusive.

If you disagree with something, be sure to point it to the inspector. If the traffic inspector did not take into account your remark, you should not enter into an argument, but in the explanation, be sure to indicate that you expressed your disagreement, which was not taken into account by the inspector.

If you think the charge is wrong, do not sign the wrongdoing order. Demand to draw up a protocol on the accident. In this case, consideration of the circumstances of the accident will take place in the traffic police department, about which you will be given a notice.

Step two - parsing group or trial

For each accident, a group of analysis is carried out, based on the results of which a decision is made on an administrative offense. When the circumstances of the accident do not raise any questions, it happens immediately after the accident. But I consider a situation when one of the participants does not agree with their guilt.

For some offenses, the case will be considered by the court in an administrative process, and not by the traffic police. The result will also be an AP decree, the rules of conduct are the same as in the parsing group.

How to act before making a decision on an administrative offense

If an AP protocol has been drawn up against an innocent person, it is necessary to prepare a written objection to the protocol.

Read the protocol, road accident diagram and other materials carefully. It is necessary to understand with which specific provision of it you do not agree. Perhaps there will be some violations committed during its compilation, already on the basis of which it will not be possible to recognize it as valid.

Actively participate in the analysis (trial), you need to calmly but convincingly prove your case. Already at this stage, it is necessary to use video recordings of the incident, witness testimony, the services of a lawyer, and apply for an examination. For more details about all this, read the subheading: "Step four - challenging the decision on an administrative offense in court."

If in the parsing group you were unable to prove your innocence of violating the traffic rules, a decision on an administrative offense will be issued against you.

Step three - appeal against the decision to the traffic police or in court

Until the court ruled that you were found guilty of the accident (and this is done only in civil proceedings), you are not the culprit. A decision on an offense is not an admission of guilt in an accident, but a fixation of an offense, which is not always the cause of the accident.

Therefore, you need to appeal not guilt in the accident, but guilt in violation of traffic rules, but, more precisely, a decision on an administrative offense.

10 days are allowed for filing an appeal against the decision on AP, and this period begins to be counted from the day that follows after the date of the decision. Upon presentation of a valid reason, for example, for health reasons, the missed ten-day period is restored.

If the case was considered in court in an administrative process, therefore, the decision on the AP was made by the court, the complaint is written immediately to the court.

Where and how to file a complaint

You can file a complaint:

• To the official (to the head of the traffic police department, where the offense was considered).
• To the districtcourt.
• To the highestauthority.

By and large, a complaint to the court does not differ from a complaint to the traffic police. It can be transferred either directly to the person (court) to whom it is sent, or through the traffic police officer who issued the order, who is obliged to redirect it within 3 days.

Sending by mail is possible, in this case, save the document confirming the date of dispatch, or better send it by registered mail with acknowledgment of receipt and a list of attachments.

How to write a complaint

The complaint states:

• Name of the court (position and name of the person) to which the complaint is sent.
• Name, address, telephonethe applicant.
• Information about the court, or body and personwho issued the order.
• Punishmentalready assigned.
• Resolution number and dateits rendering.
• Provisionsthat you disagree with.
• Circumstances and rules of lawconfirming that you are right.
• The essence requests.
• List of applications, that is, copies of documents confirming your case.
• Date and signature submitting the complaint.

The attachment must contain copies of the order and other documents related to the case, including testimony of witnesses, photographs, video recordings, etc. The state fee does not need to be paid. Copies of the complaint are also made for the authority that issued the order, and sometimes for the second participant in the incident. The sample can be downloaded.

Result of the appeal

After consideration, the decision will be made one of the possible solutions:

• The complaint is not satisfied, the ruling remains in force.
• Changing the regulation in a positive direction for the complainant.
• Cancellation of the order and the termination of the case.
• Cancellation of the decision and appointment of a new one consideration of the case.

If the traffic police failed to achieve the cancellation of the decision on the AP, you will need to go to court, in the same administrative case.

You will appeal against the same decision, and at the same time the decision made by an official, you must also file a complaint within 10 days.

Step four - challenging the infringement order in court

Filing a complaint against a decision on the AP in court is no different from filing a complaint with the traffic police, even the text may be the same. And the result will be similar to the one mentioned above, that is, the resolution will be canceled, changed, or left in force.

Lawyer assistance

If you have no experience in litigation and, in general, little legal knowledge, it is better to contact a lawyer. Moreover, it is not necessary to hire a lawyer for representation in court; in many cases, advice and assistance in drafting documents is enough. With the proper desire to achieve a result and the availability of time, this will be enough.

But if the case is really serious and you doubt your ability, a lawyer will be of great help. Choose it responsibly, since along with professionals, people who often do not even have a law degree also offer their services.

A good lawyer will always be happy to provide solutions in similar cases that he won. There are a large number of cases when, in fairly simple cases, people who first faced a court, and, in general, an accident, did not achieve any results, and vice versa, experienced lawyers found a way to prove the client's innocence when much was against it. But a good lawyer will always honestly tell you what result you should expect.

Expertise

A good proof of innocence can be, first of all, a traceological one. To do this, you must orally or in writing (the latter, of course, is preferable) to submit a petition for her appointment.

Note. If a person opposes the examination, does not provide objects for research, etc., then the judge has the right to draw a conclusion not in favor of the person interfering with the examination, even without it.

Videos and witnesses

In court, eyewitness testimonies and video recordings from video recorders and various cameras also play an important role. Recently, video materials have been widely used to bring evidence in court.

If the AP decree remains in force

If the decision is not in your favor, it does not mean that nothing else can be proved. You have the opportunity to appeal the decision of the court in the second instance. And quite often, for example, it is the regional court that acquits an innocent person and reverses the decision of the district court.

But even if after all the instances the decision on the AP remained in force, you should not give up. Remember that no one has yet recognized you as the culprit of an accident. This can only be done by a court in civil or criminal proceedings.

Step Five - Proof of Innocence in a Civil Litigation

Often, it is the court that becomes the venue for the restoration of justice. Moreover, often, the first instance court is not enough to achieve the truth. In many high-profile cases, innocence was established by the higher courts, while the district courts found the driver to be guilty.

The main thing in court is legal literacy. A judge cannot go against the laws. Therefore, when proving guilt, it is necessary:

• Correctly interpretthe rule of law.
• Prove absence offensesin your actions.

Usually, if it comes to court, it means that the situation is difficult, so most often you cannot do without an experienced lawyer. Because, as I said, a competently structured defense backed up by laws is very important in legal proceedings.

The methods of proving innocence are the same as in the complaint against the order, but the proceedings will be more extensive.

How guilt is contested in civil proceedings

There is no provision for filing a claim to be found not guilty or, conversely, to be found guilty. It is necessary to file a claim for damages from the perpetrator of the accident. And already in this civil process, it will be established who exactly is responsible for the accident, since all circumstances of the accident will be taken into account, including the actions of the other party.

If the case has come to this stage, you need to understand that the case is serious, and you need to make every effort to bring convincing evidence to the judge of the absence of guilt. But there are cases when it was in the civil process that the innocent "culprit" was acquitted, and at the beginning, who was recognized as right, turned out to be the culprit.

Is it possible to prove innocence if he did not appeal against the ruling on AP

Sometimes it happens that the driver, who is not actually the culprit, is recognized by him either through his own negligence in the process of proving innocence, or through the negligence of the judge, for other reasons.

But when the opponent makes claims for damages to the innocent, the driver thinks about how to restore justice.

The case, of course, is difficult, but solvable, since the fault in the accident has not yet been established, and the culprit will be determined in this court. Of course, it is more difficult for a person to whom a decision on the accident was issued to prove his innocence in an accident than to someone in relation to whom it was not issued, but with the right approach, this is also possible.

If the perpetrator of the accident faces criminal liability

The general rules for proving innocence are similar to ordinary accidents. Only in this case, you will need to appeal not only the decision on an administrative offense, but also the decision to initiate a criminal case, the complaint about which is submitted to the investigating authorities.

If it was not possible to appeal against the decision, it will be necessary to prove innocence in court, in the process of criminal proceedings. And the proof is the same:

• Literatelegal support.
• Witness indications.
• Video recordings incidents.
• Expertiseof various types.

In addition, we can only say that when it comes to criminal matters, the advisability of the services of a lawyer, as a rule, does not cause any doubts.

No witnesses - how to prove?

Sometimes, instead of witnesses, videos of the accident appear. But even if there are no witnesses and videos, there is no need to despair. If you are truly innocent, you can almost always prove it.

You will need a diagram of the accident, a correct explanation of your actions, a solid knowledge of the laws, and traffic rules. During analysis and in court, it will be necessary to prepare questions for the opponent, which will put him in an awkward position and reveal the truth on his part: since when answering them, he will either be forced to admit that he was wrong, or try to invent something that employees will immediately notice Traffic police (judge).

This is not an easy matter, you need to act according to the situation, you need experience and deep knowledge of regulations, therefore, in my opinion, it will be useful to hire a lawyer, or at least get advice.

If the accused cannot participate in the investigation for health reasons

Road accidents are often associated with serious injuries, which make it impossible for the driver to personally participate in the analysis of the accident. But this does not mean that he cannot influence the course of the case in any way.

Administrative investigation

In administrative proceedings, both the person in relation to whom the case is being conducted and the victim may have a legal assistant: a defender or a representative, respectively. Moreover, this person does not have to have the education of a lawyer, the only condition is the presence of a written power of attorney, preferably notarized. For a lawyer to be admitted to the case, it is enough to present a warrant.

The defense attorney and the representative can participate in the office work from the very beginning and perform all actions for the principal, including:

• get all information on the case.
• Serve petitions.
• Participate directly in the consideration of the case.
• Appeal the investigation process and its results.

Criminal proceedings

In criminal proceedings, the role of a defense attorney, endowed with the same powers, is also provided. If the case is considered by a magistrate, then he can be any person, including relatives.

In other cases, the defender must necessarily be a lawyer, but you can ask the court to appoint an additional representative, chosen at its own discretion. But the suspect / accused only solicits the appointment of this or that person, and the final decision is made by the court.

How to choose a representative

Thus, if a participant in an accident due to his state of health cannot participate in the investigation himself, he should find a defense lawyer. If the case is serious and you need professional legal support, then you need to hire a lawyer (when a criminal case is opened, this is mandatory).

If you think you can manage the situation on your own, it is enough to write a power of attorney addressed to a friend or relative whom you trust.

Attention. The number of the administrative case must be indicated in the text of the power of attorney.

Naturally, the representative must know at least the basics of legal literacy. It is advisable to certify the paper with a notary, for which you can call him to the hospital or to your home. available for download.

The most typical cases when it is required to prove innocence

The situations on the roads that lead to collisions are very diverse, so it is almost impossible to give universal recommendations. Next, I will consider how to prove innocence in the most common cases in which a dispute about guilt arises.

When the accident happened at the intersection

A wide variety of accidents happen at intersections, so the evidence will be the same as for any controversial accident: video recording, testimony of witnesses, examination of damages and competent legal justification of innocence.

Usually the main aspect that determines guilt in such situations is the answer to the question of who had the advantage. Very often it is at intersections that accidents occur, in which mutual guilt is established.

If you were drunk while committing an accident

The state of intoxication while driving a vehicle is a serious offense dangerous for others, for which the driver will be punished regardless of the culpability in the accident. An official can make a conclusion about being drunk while driving only based on the results of a medical examination... The testimony of witnesses and so on by the decision of the Supreme Court cannot be accepted as evidence of being drunk.

But if alcohol is found during the examination, it will be unambiguously decided that the driver was in this state at the time of the accident. Therefore, do not consume alcohol and alcohol-containing products and drugs after getting into an accident before passing the examination.

Note. Being drunk in a car parked in accordance with the decision of the Supreme Court is not an offense, therefore, it is not punished.

When drunk driving is not the culprit

But alcoholic intoxication does not always lead to an accident, for example, a reckless driver crashes into a car standing at a traffic light, the driver of which is drunk. It is clearly seen that the driver is innocent of the accident.

But it often happens that the drunk is trying to pin all the blame for the accident, or to make the blame. After all, he was drunk at the wheel! In this case, however, as with any other, you will need to go to court, in which it will be established what exactly led to the accident and who is the culprit.

If you dodged a collision and had an accident

Unfortunately, according to the current rules, all you can do in the event of a collision hazard is to brake in your lane. And very often those who escape from the collision, but still get into an accident, are declared the culprit, while the one who provoked the accident remains unpunished. And even in court, it was almost impossible to prove innocence.

But it is worth noting that the practice in the courts has changed recently. Video recordings and eyewitness testimonies will serve as a good service in such a situation, as always.

And during the trial, a traceological examination will be required. If during its conduct it is established that the actions of the driver leaving the collision were the only correct one in the current situation and contributed to mitigating the consequences of a possible accident, he will most likely be justified, or some degree of guilt will be established.

But nevertheless, it is worth remembering that in the event of an emergency, it is more correct to hit the car that interfered with, of course, when it is not life-threatening, than to try to go around it with the risk of hitting other cars. Otherwise, you will have to prove your innocence, which is often not easy.

Who is to blame for a pedestrian accident

If a person crossed the road in the right place, and even on a green signal for himself, the fault, of course, falls entirely on the driver. But as you know, pedestrians do not always cross the roadway as expected.

What to do immediately after an accident

If you find yourself in such a situation, it is very important to fix the scene of the incident on the photo, which will prove the unsuitability of the place for crossing the road. If a crossing or an intersection is visible from the scene of an accident, be sure to take photos so that they can be seen, since a pedestrian is prohibited from crossing the road if there is a crossing or intersection within sight.

Also, as it is forbidden to cross the road if the driver's view is obstructed, etc. So many examples can be cited when it is a pedestrian who violates traffic rules, therefore, is the culprit. It is also important to correctly depict the accident scheme.

How to prove innocence

As always, recordings from video recorders and testimonies of witnesses, confirming the sudden appearance of a person on the road and circumstances (for example, a person was pushed), help a lot.

If you suspect that a pedestrian is drunk, ask for his examination, this will also serve as an argument to prove your innocence.

Well, the most compelling proof will be the conduct of a traceological examination, which will establish whether the driver has exceeded the speed and whether he was physically able to stop the car.

When skidded and collided

When skidding, it is very important to fix the condition of the roadway and the environment. In such accidents, an auto-technical and road-technical expertise of the incident is needed. Moreover, the correct conclusion does not always follow from them. Interpreting paragraph 10.1 of the SDA, one can come to the conclusion that no matter how fast the driver was driving, he will always be guilty, since the speed was too high for the traffic situation in question.

But from the regulatory documents concerning road traffic, it follows that the driver breaks the rules only when the state (respectively, road services) has created the conditions necessary for safe traffic, prescribed in the regulatory documents.

Consequently, the proof of the driver's innocence comes down to justifying the failure of the road services to fulfill their duties to create safe conditions for traffic, which is why the driver could not choose the correct speed and, in general, carry out safe movement.

Leaving the scene of an accident

Of course, leaving the scene of an accident is a gross offense and can have quite serious consequences. But there are also situations when the driver is charged with leaving the scene of the accident, when he did not even think to do it. It seems to me that all such cases can be divided into two groups.

There is no fact of leaving the scene

To the first I include those when it does not matter whether there was a collision or not, but the driver was declared hiding, although in fact he did not break the law. For example, he left, but returned before the arrival of the traffic inspectors, moved the car, the drivers dispersed, having come by mutual agreement to the decision not to call the police, and then one of them still called the traffic police.

In this case, it is relatively easy to prove innocence. It is necessary to prove that there is no traffic violation in the driver's actions. The main arguments can be:

• Signatures the accused driver on the accident documents, indicating that he was at the registration of the accident.
• Availability of receipt about the absence of claims, audio and video recording confirming the consent of the other driver to leave without calling the traffic police.

Unintentional concealment from the scene

In the second group, I include cases when the driver did not intentionally leave after the accident, not knowing about touching the car or the presence of damage, there is no harm or negligible. In this case, it is again proved that the driver committed an offense classified as leaving the scene of the accident, because:

• He couldn't know about the accident.
• Did not happenRoad accident.
• No convincing evidence in the commission of an offense.

Lane change accidents

Most often, such accidents occur in heavy traffic, in populated areas. The basic rule is that the driver should not interfere with other vehicles when changing lanes. Therefore, it is the one who rebuilt to blame.

The one on the left is always inferior

And with the simultaneous rebuilding, the one on the left must give way. And, of course, you need to turn on the turn signals. Therefore, if both colliding cars were rebuilt, then the one on the left and / or not turning on the "turn signals" will be wrong. The fact of a lane change is evidenced by the presence of parts of the car in several lanes, that is, when the car is standing over the marking line.

How to prove innocence during rebuilding

In such accidents, you must immediately fix the position of the vehicle relative to the markings at the time of the collision. By how the cars were located at the time of the accident, it will be established who was rebuilding where, respectively, who is to blame.

But sometimes a situation arises that the driver has changed abruptly and the collision has occurred after the car of the lane was completely in your lane. In this case, to prove that your opponent was rebuilding, and you were moving straight, therefore, you are innocent, you will need a video recording from the registrar and testimony of witnesses, and sometimes a traceological examination (when there are traces on the road or the fact of rebuilding can be established by damage).

Judicial practice on recognizing not guilty in a road accident

There are many accidents on the roads, each of which has its own characteristics. I described the most typical cases above. In principle, recommendations on how to prove innocence in a given situation are based on positive examples of court decisions.

And the judicial practice itself differs not only by regions, but may even be different in the nearest district courts, even among different judges in the same court. After all, our judicial and legal system is not precedent.

Therefore, each accident should be considered separately, and, according to my observations of various cases, the decisive role in the final decision will be:

• Evidence base.
• Experience, correct behavior and the ability to prove the person alleged to be the culprit or his representative.
• Judge behavior, which is also determined by subjective factors.

• Use a video recorder - you are guaranteed to have a video recording of the moment of the accident.
• Take care of finding witnesses, and better right after the accident.
• Check the correctness of the design documents in case of an accident.
• Use the services of auto lawyers, with uncertainty in their abilities. But it is important to find a real professional.
• Remember that only in a lawsuit, civil or criminal guilt is established.

Conclusion

Now you know what to do to prove your innocence in an accident. This is often not easy, but competent and convincing substantiation of one's arguments helps even in the most difficult situations, especially since it is possible to prove innocence in many instances.

Have you ever had to prove your innocence in an accident? If yes, then tell us in the comments, your experience is invaluable for those who are in a similar situation.

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PS: I took the photo here: drive2.ru/l/9478177. They are equipped with a Mecedes-Benz CLS 55 AMG.

Unfortunately, it is impossible to be 100% protected from getting into an accident, since it can happen for reasons independent of a person. Therefore, you must always be ready for its occurrence and do not panic or stupor after the accident, but take all measures to minimize damage. So what should you do when you become a participant in an accident?

Immediately after the accident

According to the requirements of the traffic rules (clause 2.5), in the event of an accident, the driver must stop, turn on the alarm about the malfunction and set it no closer than 15m from the car in the city or 30m on a suburban highway. Often, participants in an accident in a stressful state forget to put up a sign or neglect this requirement, hoping for good visibility and clear weather. The result of such forgetfulness can be repeated collisions with a damaged car standing on the road.

The emergency sign is a mandatory attribute of the vehicle completeness along with and. But, since the presence of the sign is not checked now during the technical inspection, it may not appear at the right time. In this case, instead of it, you can use some other bright and noticeable object, for example, a canister.

In the presence of victims who need emergency medical assistance, you should call the rescue service on 112 or an ambulance on a mobile phone by dialing the number:

• 103 - MTS;
• 003 - Beeline;
• 030 - Megaphone.

After that, depending on the circumstances and consequences of the incident, you need to call the police to call the traffic police to the scene.

If the accident is minor and insignificant, then you can do without calling the police to the scene of the accident. But for this, the following conditions must be met:

1. Only two cars collided;
2. No damage was caused to the health of the road accident participants;
3. There is no controversy on both sides of the incident regarding the culprit;
4. Both parties to the accident have valid OSAGO policies;
5. The material damage caused is calculated in the amount of up to 50 thousand rubles.

In this case, drivers can independently issue the accident forms available in the appendix to the OSAGO policy.

When filling out the notice, it is important to describe the collision pattern in detail and record all the damage received, indicating their size. An additional advantage will be the fixation of the collision site and the resulting damage on a video camera or cell phone. After that, you need to record the accident at the traffic police department or the nearest traffic police post and you can go to the office of the insurance company to apply for compensation.

If the drivers cannot come to a consensus about the culprit of the accident or there are other violations of the above conditions, then you need to call the police officer and be at the scene before his arrival. While waiting for arrival, you should not deal with the second participant in the accident, but try to perform the following actions:

• write down the phone numbers of outside witnesses of the incident;
• fix on video or camera the place of the accident, traces and parts of cars left on the road, all damage received on cars with their registration numbers;
• find out where traffic surveillance cameras or cameras of security services of commercial organizations are located, which could record the incident and be used in the future as objective evidence of your innocence in the incident.

Video: Blagoveshchensk traffic police. Lawlessness on the analysis in the traffic police

When registering an accident

In accordance with the requirements of paragraphs. 210, 215 of the Administrative Regulations of the Ministry of Internal Affairs, the traffic police inspector is obliged, upon arrival at the scene of the incident, to collect explanations from each participant in the accident and witnesses, to study and record the available traces, to draw up his scheme. A diagram of the accident with a detailed indication of the details of the collision should be provided to the participants in the accident for review under signature.

If one of the participants does not agree with some of its points, then he has the right to express his opinion and his version of the incident in it. In this case, all comments must be substantiated by the testimony of witnesses or by data of objective materials (video or audio recordings, photographs). The participant in the accident must express his disagreement with the conclusion of the inspector about the culprit of the accident in the column on dissenting opinion c.

In the case when the causes of the accident and the culprit are obvious and do not cause any doubts, the inspector immediately draws up a resolution on an administrative offense.

If the investigation of an accident requires additional measures or raises disputes regarding the determination of its culprit, then the inspector draws up an incident report, where he indicates the alleged culprit, and transfers the case materials to the district traffic police department for further analysis, issuing instructions to the event participants to appear.

Video: Main road. Debriefing group: Roundabout accident

How is the analysis of an accident in the traffic police

Further investigation of an accident in the traffic police department is carried out by a special group of administrative practice, whose task is to analyze the accident in detail , to identify its true causes, taking into account all factors and determine the degree of guilt of each participant. This procedure, which is not very pleasant for them, is necessary for the correct qualification of the violation and the adoption of the final decision on the accident. This procedure is officially called the "administrative practice group" or "parsing group" in the traffic police.

The term for consideration of the case of an accident

The term for consideration of an accident case usually ranges from 3 to 30 days, depending on the complexity of the case and the required measures. In special cases, the period may be extended for an additional one more month on the basis of Art. 28.5 and 28.7 of the Administrative Code. During this period, the group examines the materials received, an additional survey of participants and all witnesses to the incident, viewing video recordings and photographs, if any.
If as a result of an accident there are victims who have received physical injuries, then they are sent to undergo a medical examination to determine the severity of the resulting damage to health. In this case, for a final decision on the case, a medical opinion is required, which can be issued only after the end of the victim's course of treatment. Depending on this, the period for considering an accident case can be extended by the permission of a higher inspection body for six months.

To clarify the severity of the injuries received, the analysis team may require an opinion.

In any case, if there are victims of an accident, then the analysis team needs to get a conclusion on the severity of the injury. If there are victims with moderate or severe severity, then the case materials are transferred to the prosecutor's office or the body of inquiry to initiate a criminal case.

How is the traffic accident analysis group in the traffic police and how to behave

Even despite the insignificance of the damage received in the accident and one hundred percent confidence in his innocence, the participant in the accident should not neglect the attendance at the traffic police department for analysis, since in practice there are many examples that such ignoring led to unpleasant consequences in the form of recognizing him as the culprit of the accident with all the ensuing consequences. Attending the analysis will provide an opportunity to defend your innocence with weighty arguments. If there are objective reasons that prevent participation in the parsing within the prescribed period, you must submit a written request in advance to postpone it.

Each participant in an accident during this period has the right:

1. Be familiar with all the materials of the case;
2. Give motions, explanations and present their evidence in the case;
3. Explain in your native language with the participation of an interpreter;
4. Require technical and traceological expertise, call eyewitnesses of the incident, attach evidence to the case, request certificates from municipal and road services on the condition of roads and lighting on this site;
5. Record the procedure for parsing an accident in the traffic police on a dictaphone;
6. Use the services of an auto lawyer;
7. Appeal against the decision of the ruling.

It is here that you should use everything made on or recordings of the DVR, with the help of which you can defend your position, provided that they confirm its correctness. If the footage shows that the bearer of the record is guilty of committing an accident, then no one can force him to show this record, since Art. 51 of the Constitution of the Russian Federation allows a citizen not to testify against himself and his close relatives.

If you have your own witnesses to the incident (they can be both bystanders and relatives who were in the car), you should submit a written statement in advance about their summoning to the traffic police department for analysis. In incidents that are difficult to analyze, qualified assistance in protecting the interests of an accident participant can be provided by a lawyer specializing in this profile, an auto lawyer, whose participation must also be announced in advance.

Heading to the traffic police, you should recall all your initial testimony at the scene, so that new explanations do not contradict the previous testimony. If in the repeated explanatory there are discrepancies with the primary data, this will become a reason for the inspector to suspect you of dishonesty and try to evade responsibility. You need to defend your opinion and seek the truth based on the provisions of regulatory enactments and using your legal rights.

When communicating with the participants in the accident, the traffic police usually do not give the opportunity to look at the case materials and also partially demonstrate the accident scheme. Thus, they create conditions so that drivers themselves can remember all the details and circumstances of the incident. In this case, the participants in the accident can be helped by a photocopy of the accident scheme drawn up by the traffic police inspector at the scene, if they managed to photograph it in due time.

It so happens that both parties are invited for analysis at the traffic police department at the same time and it is carried out with their participation, turning in fact into a confrontation. During such meetings, by the nature of the interrogator's communication, one can judge how objectively he seeks to "unravel" the case, whether he has any interest and bias towards one of the parties. If there is such a tendency during the investigation, the “non-nice” party may file a complaint with the prosecutor or higher management of the traffic police, but it must be substantiated by specific examples, remarks and actions made by the investigator in relation to the applicant.

Regardless of how the traffic accident is analyzed in the traffic police, many disputes over road accidents cannot be resolved objectively without conducting auto-technical examinations appointed by the interrogator or initiated by one of the parties to the conflict. Usually, interrogators try to do without additional expert research, since the expert's conclusions may not coincide with their final decision on the case. In addition, the expert services of the Ministry of Internal Affairs are always overloaded, and third-party independent organizations that provide services for the conduct, you need to pay decent money.

The result of the work of the analysis group is a decision on an administrative offense in this incident, which is handed over against signature to the perpetrator of the accident. You can appeal this decision in court or a higher traffic police body within ten days from the date of its receipt, so you should not sign the documents retroactively.

The participant in the accident who is innocent receives a certificate of the road traffic accident. An inspector in the parsing group cannot arrest or deprive of rights, this is done by the court, and the inspector only makes a decision on an administrative offense.

Good afternoon! 10.09.2013 there was an accident involving 4 cars. At the analysis group, the driver of the last 4th car was found guilty of an accident. I am a victim (2nd car). Then there was a second analysis group, which I could not attend, because was out of town. As a result of the second group of analysis, the drivers of each of the cars were found guilty (they say, each hit a car in front). I ask you to suggest how to justify the illegality of the decision, if you have only a decision on an administrative offense with the original decision and a photo from the accident scene. We plan to go to court. Thank you!

Answer

The review team is not the last resort, and you can always appeal the decision to a higher authority or initiate a legal proceeding, since the final decision is made by the court.

Within ten days from the date of receipt of a copy of the decision, you have the right to send a complaint to a higher authority, a higher official, or to the district court at the place of consideration of the case. The court is obliged to consider it, regardless of whether it has information that the complaint was sent elsewhere or not. It is also not prohibited to appeal directly to the body that issued the decision, but the complaint will still be sent from there to the body authorized to consider it within three days, along with all the case materials. No state fee is required. The complaint can be submitted in person or sent by mail. In the latter case, the date of its submission is determined by the postmark on the envelope. You must be notified of the time and place where you must appear, but your absence is not an insurmountable obstacle to considering the complaint: the issue of postponing the proceedings is decided by the body (court) at its own discretion based on the actual circumstances and the real need for participation.

The case is being considered again on the basis of the materials already available and additionally submitted. In addition, the law provides for the possibility in a similar way to appeal against decisions that have entered into force on the appointment of an administrative penalty on two grounds - in the order of supervision and on newly discovered circumstances.

Since we are not talking about deprivation of a driver's license, the court will most likely accept the arguments of the traffic police, so look for inconsistencies in the protocol with the traffic rules and the Code of Administrative Offenses of the Russian Federation, there are always violations.