Lawyer for compensation for damages in military road accidents (Article 415 of the Criminal Code of Ukraine)

Lawyer for compensation for damages in military accidents (Article 415 of the Criminal Code of Ukraine) 

During martial law, the number of accidents involving military vehicles has increased significantly. This is due to a number of logical reasons: a large number of vehicles, their intensive movement during missions and difficult operating conditions. However, in almost any case, the guilty and injured parties face such phenomena as material and moral damage in cases under Article 415 of the Criminal Code of Ukraine, i.e. damages and criminal liability. Article 415 of the CCU provides not only for criminal or disciplinary liability, but also for the recovery of damages in criminal cases of the military. 

That is why it is important and necessary for servicemen in such cases to find a person who understands the nuances of the law, calculates damages, and collects evidence, and this is a defence compensation lawyer. This is a specialist who will not only help determine the degree of responsibility of each party, but also ensure a legal process of calculating and compensating damages. 

Material damage in military cases: how to recover compensation 

Such damage may include: damage to or destruction of a vehicle, military property, civilian objects, as well as medical treatment of the victims. It is possible to recover damages through a military vehicle court or through a civil action. In either case, the following steps should be taken:

1. Record the accident. Compensation for damages in cases of military accidents is possible only with a formalised protocol, collected and submitted evidence, and expert opinions on the damage caused. In such cases, assistance in drafting claims for damages is often required, as military road accidents have a number of peculiarities: the difficulty of establishing the guilty party, the subordination of military units and the procedure for compensation for damages. 
2. Estimate the amount of damage. Before filing an application, it is necessary to determine the exact amount of material damage, as it is possible to obtain compensation for non-pecuniary damage in cases under Article 415. To do this, an independent expert should be involved in the process to assess all the circumstances, as his or her assessment is key, as without it it is impossible to determine the exact amount of compensation. It should also be borne in mind that in the military sphere, accident cases can be exceptional due to the specifics of the equipment. It is important that the specialist has the relevant experience, which can be a lawyer for the military in cases of material damage. In this case, the conclusions will be drawn up in accordance with the standards established at the legislative level. 
3. Submit an application. Depending on the circumstances of the case, an application can be submitted to a military unit or a judicial authority. There are cases when the military unit fully admits fault and offers to pay for the repair costs after an accident with military vehicles from the budget or insurance coverage. In case of ignoring or disagreeing, the victim must go to court. Then, a forensic examination of cases of damage in military accidents takes place and a corresponding decision is made. Victims of military accidents may also need legal assistance to properly formulate their claims, collect evidence and submit them correctly. 
4. Prove the causal link. In order to successfully obtain compensation, one of the most important things is to prove that the actions of the guilty party were the sole cause of the damage. This is rarely an easy task, as there are various forms of force majeure, such as the difficulty of establishing the guilt of a particular person. In such cases, legal assistance in compensating damages for the military is necessary, as a specialist will help collect surveillance camera or DVR footage, witness testimony, expert opinions, etc. The specialist will draw up all this, avoiding procedural errors that could potentially lead to a refusal of compensation. 

Accidents involving military vehicles have their own peculiarities due to a number of reasons that may not even be so obvious, so in such cases it is better to contact a specialist such as a military compensation lawyer. 

Who is responsible for the damage caused in military accidents? 

In such situations, of course, everything depends on individual circumstances. When an accident occurs due to a violation of traffic rules by a serviceman, liability can usually be imposed directly on him. However, unfortunately, there are often cases when an accident occurs due to a technical malfunction of the vehicle or non-compliance with safety standards in the maintenance of the vehicle, in which case the relevant authorities or the military unit may be liable. 

What types of compensation can be received? 

People who have suffered as a result of an accident with military vehicles are entitled to the following compensation: 

• Material damage (for example, car repairs, destroyed property, etc.); 
• Costs of treatment and rehabilitation; 
• Moral damage (in the case of psychological trauma); 
• Compensation in the event of death of a person (compensation for funeral expenses, loss of breadwinner, etc.). 

Before receiving compensation after a military accident, it is necessary to determine which of these categories is suitable for your case. 

Legal aspects in cases of military accidents

International treaties and their role. There are currently many volunteers from other countries in Ukraine, so sometimes it is worth paying attention to international agreements that may regulate such cases. 

Compensation through state bodies. The military cannot always compensate for losses, so in such cases it is worth contacting state bodies that are involved in compensating for losses through the budget. 

Possibility of mitigating liability. Military personnel may have some exemptions from liability in such cases, which must be taken into account when collecting evidence.