Lawyer in the event of a road accident with victims of Article 286 of the Civil Code (victims)

Lawyer for road accidents with victims Art. 286 of the Criminal Code (Violation of the rules of road safety or operation of transport by persons driving vehicles) 

Road traffic accidents can have many consequences, one of which is the driver's criminal liability under Article 286 of the Criminal Code, that is, for an accident that caused moderate bodily harm or death of the victim. The driver's state of health also has a nuance: the presence of alcohol or drug intoxication, in which case liability arises under Article 268-1 of the CCU. 

In all of the above cases, you need a lawyer under Article 286 of the Criminal Code of Ukraine who understands the nuances and subtleties of such criminal proceedings and has experience in cases related to road accidents. 

How can a lawyer help in criminal cases of road accidents? 

• He will analyse the situation in detail and develop a reliable defence strategy. He will consider all the circumstances of the accident in detail, find and examine evidence, and prepare a legal position so that legal assistance in an accident with victims is effective at the first stage after the appeal.
• Represent the driver's interests in the investigative and judicial authorities. The lawyer will ensure proper communication with law enforcement officers, organise the driver's defence under Article 286 of the Criminal Code of Ukraine: prevent violations of the client's rights and represent his interests at all stages of the case. 
• He can appeal against a guilty verdict or a preventive measure. The question often arises: ‘what should I do if I am accused of a road accident with injuries?’, because this accusation may be unfounded or have a too severe preventive measure, in such cases, the lawyer files an appeal and seeks a fair decision. 
• He helps to avoid criminal liability or mitigate the punishment. In many cases, drivers also wonder how to avoid criminal liability for an accident. In fact, there are several options: to change the qualification of the crime or to reach reconciliation with the injured party, which can significantly affect the verdict. However, this requires a lawyer for the driver after an accident with victims, because without qualified legal assistance, it is almost impossible to properly implement a meeting with the injured party or properly organise communication with the judicial authority. 
• If the accident involved a driver under the influence of alcohol or drugs, a lawyer under Article 286 of the Criminal Code of Ukraine will help to defend against the charges by finding evidence, properly organising a legal position and minimising the risks of criminal prosecution by controlling the legality of the case. 

A professional road traffic accident lawyer is a guarantee that the rights of both the accused and the victim will be protected, and the criminal case will be considered objectively and fairly. 

What is the punishment under Article 286 of the Criminal Code of Ukraine? 

This article has several parts, each of which provides for a separate punishment. The minimum liability for causing moderate damage under part one of Article 286 of the Criminal Code is a fine of UAH 51,000 to 85,000. At the same time, criminal liability for road accidents with victims under part 1 of Article 286 of the Criminal Code is also possible, in which case the court may impose imprisonment of up to three years or correctional labour on the accused. 

Under Article 286(2) of the Criminal Code, the court may impose a sentence of 3 to 8 years' imprisonment. Judicial defence of a driver in a road traffic accident case can ease the sentence and achieve a probationary period of 1 to 3 years, and it is also common to serve a sentence under amnesty. 

It is worth noting how to avoid additional liability in a road traffic accident case: provide first aid to the victim, call an ambulance and the police, these actions may be grounds for mitigation of the sentence. 

Criminal case for a traffic accident: how to protect your rights

Adhere to the legal position. Do not give evidence without a lawyer, demand an official investigation of all the circumstances of the traffic accident and verification of evidence, including expert reports. 

Пункт з іконкоюContact a lawyer. Consulting a lawyer in criminal cases about traffic accidents will help assess the situation, determine the best defense strategy and avoid additional liability.

Look for the possibility of reconciliation. In some cases, an agreement with the injured party can reduce the punishment or even close the case.

How is the driver protected in a traffic accident with victims? 

1. Initial actions after a traffic accident. The driver must immediately stop, do not leave the scene of the accident and call the police. It is important to know what to do as a driver after a traffic accident with victims - it is necessary to provide medical assistance to the victims, call an ambulance and record all the circumstances of the accident. It is also necessary to collect eyewitness statements and document the scene of the incident, which are important evidence for further investigation. 
2. Case assessment and engagement of a lawyer. The duration of consideration of a criminal case under Article 286 of the Criminal Code can vary from several months to a year, depending on the complexity of the case and the evidence. During this period, it is important to find a qualified specialist who can effectively protect the interests of the driver, help in preparing evidence and correctly build a line of defense. 
3. Qualification of the crime. The driver and the lawyer may try to change the qualification of the action (for example, from serious bodily harm to medium), which will reduce the level of responsibility. 
4. Reconciliation with the victim. If possible, reaching an agreement with the injured party (for example, through compensation for moral damage after a traffic accident) may mitigate the court's verdict or even lead to a reduction in punishment. 
5. Appealing evidence. The lawyer may appeal incomplete or illegally collected evidence that may affect the outcome of the case. 

Thus, the correct approach to collecting and using evidence, communicating with victims, and professional legal defense can significantly affect the outcome of the case.