Defense

Defending the defendants in traffic accidents

DEFENDANTS IN A TRAFFIC ACCIDENT

You caused a fatal traffic accident or with severe bodily injuries or a great material damage (separately or all at once).

 

PREPARING THE OFFENDER

We prepare and provide a timely professional defense.

The main problem when preparing the defense of the defendant is that the defense attorney is not immediately provided with the on-site documentation, which is filed by the police force on the site of the accident, upon approval of the prosecutor’s office. Only after the defendant testifies in front of the prosecutor, the defense attorney is approved the on-site documentation. This means that the attorney has an unsolvable problem of preparing the defense of the defendant without the on-site documentation and without the defendant who is in custody or in a medical facility receiving treatment due to sustained injuries, or is mentally unable to go back to the site of the accident right after it happened.

 

Solution:

The defense attorney organizes the on-scene investigation before the defendant testifies. It is often the case that the defendant (on attorney’s suggestion) remains silent, and later, when the conditions are better for him, gives his testimony, which remains the same until the end of the process.

The attorney alongside his expert’s team MUST REACT QUICKLY and lead the on-scene investigation by enlisting help of expert advisors, expert witnesses in following areas:

-Road or train traffic

-Mechanical engineering

-Forensics

-Trace evidence

The on-scene investigation is photographed and shot with professional cameras and use of drones.

The gathered evidence is then edited for the version of how the accident really happened and which version is the most favorable for the defendant, which is then shown to the defendant.

Alongside the on-site investigation, if needed, we can also do a reconstruction of the accident, if technically possible.

During the on-site investigation, WE LOOK FOR THE SOLUTIONS THAT ARE THE MOST FAVORABLE FOR THE DEFENDANT.

An example from our practice:

The traffic accident happened in city area during daytime, in the summer during a sunny day on a dry road. The defendant was driving a bus, and on a roundabout exit THE BUS WAS CUT OF BY A VAN, which went from its lane into the bus’s lane. In that moment a pedestrian tried to cross the street over the crosswalk on the part of road that doesn’t have any traffic lights. This van didn’t allow the bus driver to see what’s in front of him, so he couldn’t see the pedestrian who was intent on crossing the road. The defenses’ goal is to perform the on-site investigation in the most favorable way for the defendant. For example, if the pedestrian was crossing the road by running across or walking quickly instead of normally. It is also important to try and determine if the contact between the bus and the pedestrian took place in front of the crosswalk. Whenever we do the on-site investigation soon after the accident, we find clues that are photographed and shot, which are then taken carefully in presence of a trace evidence expert. During an investigation of one traffic accident, in grass next to the road we found a shoe, eyeglasses and a walking cane of the deceased pedestrian which we photographed, shot and then carefully extracted in presence of a trace evidence expert, and later used them in the process of defending the defendant.

We present an example of a simulation of a traffic accident:

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