When involved in an RTA, drivers, passengers, or pedestrians often find themselves unable to exercise their rights or fulfil their obligations due to a lack of legal knowledge, confusion in the aftermath of the incident, or injury-related incapacity. In such cases, the assistance of an experienced road traffic accident lawyer – commonly referred to as a motoring solicitor – is essential.

You will feel far more secure in the event of an RTA if you have already entered into a legal service agreement under one of our subscription plans: Personal Solicitor, Family Solicitor, or Business Solicitor. In such instances, your solicitor will attend the accident scene and provide qualified legal assistance during the drafting of the scene inspection report and corresponding diagrams, as well as when making statements to the police about the circumstances of the incident. In any case, it is crucial to contact an experienced solicitor immediately and obtain legal advice.

It is important to understand that the accuracy and objectivity of the accident scene report and accompanying diagram play a pivotal role in proving your innocence regarding the incident and its consequences. Key details during an inspection include:
– the post-collision position and damage to the vehicles;
– the presence and location of skid marks and their length;
– debris from the collision, such as broken glass, vehicle fragments (e.g. bumpers, grilles, mirrors);
– the condition of the road surface, presence of road markings, and more.

If you sign the scene inspection report and diagram without noting any inaccuracies, it becomes very difficult later to prove that they do not reflect the actual events. In most cases, witnesses present during the inspection remain passive and do not scrutinise the process, yet their signatures confirm the records in the report and diagram. Moreover, the police officers involved are unlikely to support your claim of inaccuracies.

Always take photographs of the scene using at least your mobile phone, capturing all relevant elements. If possible, record the names and contact details of any witnesses, as many may leave before the police arrive. If a witness refuses to provide their name or address, at least note their vehicle registration number.

An experienced solicitor who arrives at the scene will:
– ensure the accident report and diagram are prepared correctly;
– take photos and video footage of the scene;
– help identify witnesses;
– and advise you on how to properly communicate with the police, especially when providing written statements.

If you sustained injuries and are taken to hospital while the scene is examined in your absence, having a solicitor present becomes, in our view, essential. Under Article 27 of the Law of Ukraine “On the Bar and Legal Practice,” you may enter into a verbal agreement for urgent legal assistance, with a written contract to follow within three days.

It is also important to remember that if an RTA causes moderate or serious injuries, or death, a pre-trial investigation is mandatory. The party found responsible will face criminal liability.

If you are a driver or pedestrian involved in an RTA and plan to go through the pre-trial investigation without legal representation, you are taking a serious risk.

During the pre-trial investigation, a forensic vehicle-technical examination is conducted to assess whether the driver’s actions aligned with road safety regulations and whether they had a technical opportunity to avoid the collision once the danger appeared.

To provide input data for this expert examination, investigators question all involved parties and conduct reenactments of the event. These findings serve as the basis for the expert’s analysis.

Although statements made during such reenactments are subjective and potentially unreliable, they are taken into account during the forensic examination and could be used against you. For instance, consider a case where Driver 1 was travelling on a main road through an uncontrolled intersection and Driver 2 entered from a secondary road, resulting in a crash that caused moderate injury to Driver 2’s passenger.
– If Driver 1 specifies the exact moment the danger became apparent, the expert may conclude that they had no technical means to avoid the collision and that Driver 2 was solely at fault.
– However, if Driver 1 claims they saw the danger one second earlier, the expert may conclude that they had enough time to react and prevent the collision – leading to shared liability.

So ask yourself – do you need a road traffic accident lawyer?

An experienced motoring solicitor offers the following services:

– Legal advice and explanations concerning the Highway Code and road traffic accidents
– Assistance at the accident scene, communication with traffic police, identification of witnesses
– Defence of individuals in administrative offence proceedings
– Representation of victims in administrative offence cases
– Defence of suspects in pre-trial investigations of offences related to traffic safety and vehicle operation
– Representation of victims, civil claimants, and civil defendants in such pre-trial investigations
– Legal support for witnesses in criminal proceedings arising from RTAs
– Defence of the accused in courts of first instance, appeals, and cassation, as well as before the Supreme Court of Ukraine
– Representation of victims, civil claimants, and civil defendants in courts at all levels, including the Supreme Court of Ukraine, in RTA-related criminal cases
– Assistance with pre-trial settlement of RTA-related damages
– Representation in all courts in claims for material and non-material damages
– Representation in enforcement proceedings
– Representation in dealings with insurance companies, and other legal services

We wish you safe journeys and success on the road!