Protection of drivers under article 124 of the CAO (Traffic Accidents)

Protection of drivers under Article 124 of the Code of Administrative

Offences (road traffic accident) A road traffic accident can happen in the life of every driver at any time, and every year the statistics of such cases increases, so it is worth understanding how to behave in such situations, what to do and where to seek help. The consequences can be negative for both the driver and passengers, as well as for cars, so in such cases, a road traffic accident lawyer can help. He has the relevant skills and practice in cases involving vehicles, in particular, he understands Article 124 of the Code of Ukraine, which provides for administrative penalties against the guilty person. 

Law enforcement officers have to arrive at the scene of the accident and draw up a report, but this is not the final point of closing the case; the final decision is made by the judicial authority. Therefore, during this time, with the help of a legal specialist, you can decide how to avoid a fine for an accident, even in rather difficult circumstances. 

How is the driver protected under Article 124 of the Code of Administrative Offences? 

After an accident without casualties, there are several key steps that will help protect both the victim and the accused: 

1. Recording the circumstances. It is recommended to record the initial state of the accident scene (location of cars, road markings, etc.). These materials can be used in the future as additional materials for defence in court or as the main ones for drawing up a European protocol (subject to the consent of both parties). 
2. Signing of the Euro protocol (if necessary). If both drivers have valid motor third-party liability policies and have no claims against each other, a Euro protocol can be drawn up. This allows you to avoid administrative liability and interaction with the judiciary, and the insurance company will compensate for the losses incurred. 
3. Call the police. Even if the consequences are minor, it is necessary to call law enforcement agencies to record all the circumstances, events, damages and draw up a protocol. It is important for both parties to read the document carefully before signing it and, if necessary, to make comments. In such cases, you may need assistance in drawing up a report after the accident to avoid wasting time later on challenging the document. 
4. Appeal against the protocol (if necessary). If one of the drivers does not agree with the data contained in the document, the person may file a complaint and provide relevant evidence (photos from the scene, video from the dashboard camera, etc.). 
5. Court proceedings. During the trial, the circumstances and consequences of the accident are considered, resulting in a penalty: a fine or deprivation of rights for a specific period of time. 
6. Appeal against the court decision (if necessary). If one of the parties does not agree, the driver has the right to file an appeal for a second hearing. 

Compliance with the above steps will allow you to quickly minimise the consequences of the accident and avoid a fair punishment. 

What to do immediately after an accident ?

Stay calm and record the circumstances. Take photos and videos of the incident. If there are witnesses, write down their contacts/

Do not admit guilt without a legal assessment. Making a quick confession or signing documents without consulting a lawyer can play against you in court. 

Contact a lawyer. A specialist will help you with the correct paperwork, communication with the police, and building a defence strategy in court.

Why should you seek the help of a lawyer in a road accident? 

A lawyer under Article 124 of the Code of Administrative Offences can be useful for many reasons: 

• Analysis of the situation. The first emotion of a person involved in a road traffic accident is shock. In such events, it is quite difficult to control oneself and understand how to act, especially when a person does not understand the legal aspects of the case. Therefore, consulting a lawyer after an accident can be useful both for understanding the situation and for controlling emotions. The specialist will not only provide instructions on how to act, but also explain the cause and effect relationships, which will allow you to look at everything from a new perspective. 
• Protection from false accusations. Often, due to the inability to control oneself, a person may not understand in time the existence and essence of false accusations by the police. Therefore, the protection of a driver under Article 124 of the Code of Administrative Offenses is important for removing guilt or minimizing administrative liability, because the consequences of such an accusation can also be different: a fine or deprivation of a driver's license for a year. 
• Assistance in communicating with law enforcement and insurance authorities. The outcome of the case can be significantly affected by direct communication with both law enforcement authorities and insurance companies. Legal assistance in a traffic accident under Article 124 can help in this case as well, because a specialist knows exactly the pitfalls of the Code of Ukraine and takes them into account when communicating with the above-mentioned structures. 
• Appealing a judicial decision. The court's decision may not suit both the accused and the victim, so in such cases a lawyer can file an appeal against the protocol under Article 124 of the Code of Administrative Offenses. This includes legally correct preparation of the appeal and protection of interests in court, which increases the chances of a positive outcome. 

Therefore, such protection helps not only to avoid legal risks, but also to minimize financial costs. Legal assistance can significantly change the course of the case, so you should not neglect it.

Consequences for violating Article 124 of the Code of Ukraine 

In the event of a collision of cars and the absence of bodily injuries to drivers and passengers, administrative liability for a road accident is provided, because this offense falls under Article 124 of the Code of Administrative Offenses, which provides for damage to vehicles, cargo, highways or other property. 

In such cases, the accused driver may be fined under Article 124 of the Code of Administrative Offenses, in the amount of 12 non-taxable minimum incomes of citizens, or deprived of a driver's license for a period of 6-12 months, depending on the damage after a traffic accident. There are also cases when a European report is drawn up without a fine with the consent of both parties, this way you can avoid a trial, because the parties independently record the event and transfer all information to the insurance company for compensation for damages. 

However, if one of the participants does not agree with the previous decision or resolution of the police, you can file an appeal in the manner prescribed by law.