Many people do not know when they actually have to call in the police in a car accident and need a lawyer. Many of those affected only go to the lawyer when problems arise in the settlement of claims.
However, a lawyer should be consulted directly, especially in the case of accidents that have caused personal injury, in order to check the claim for compensation for pain. But even in the case of property damage, the support of a competent lawyer for traffic law is extremely helpful.
In which cases an experienced legal assistance should not be waived, explains the following article.
First you call the rescue and police, later insurance and lawyer. - Image of Tumisu on PixabayThe legal situation in traffic accidents
In principle, a car accident can always lead to a court hearing. According to the provisions of the EKHG, the Railway and Motor Vehicle Liability Act, and the ABGB, the General Civil Code, claims regarding personal injury or property damage can be asserted in the context of civil proceedings. If it is not possible to clarify which party was responsible for the accident, the areas of law of administrative law and criminal law are also important.
As a rule, a car accident in which people have been injured entails civil and criminal proceedings. The professional support of a lawyer for traffic law should not be waived in such a case.
Further link:Behaviour after a traffic accident – these formal steps must be observedCourt or administrative proceedings
A car accident can lead to both court and administrative proceedings. If applicable administrative standards, such as the Highway Code, for example in the form of telephone or drunk driving or speeding, or the Motor Vehicle Act have been violated, this constitutes an improper action.
This can lead to an administrative or fine, civil and criminal proceedings and possibly also the withdrawal of the driver's license.
A car accident can lead to both court and administrative proceedings, especially if alcohol was involved. - Image by Steve Buissinne on PixabayCar accident with personal injury – claim for compensation for pain and suffering
The liability insurance of the other party to the accident receives a request in the context of civil proceedings. If no agreement is reached between the parties within the framework of this, a civil action will be brought against the person who caused the accident and his liability insurance.
Claims for damages, medical costs, bereavement compensation, compensation for pain and suffering or disfigurement compensation are asserted on the basis of the EKHG and the General Civil Code.
If it is a car accident with personal injury in which the person responsible for the accident was slightly negligent, it is also possible that criminal proceedings will be initiated for negligent bodily injury. Other criminal offences can also arise in this context, such as negligent homicide under particularly dangerous conditions, negligent homicide or negligent bodily injury under particularly dangerous conditions.
A lawyer for traffic law must therefore be contacted immediately, especially in the case of car accidents that have negligence. Involve a lawyer in the event of a traffic accident
In the event of imminent criminal proceedings due to a traffic accident with personal injury, the involvement of a lawyer cannot be dispensed with. Legal support is required by both the person who caused the accident and the injured party.
Even before the start of the court proceedings, an experienced lawyer for traffic law analyzes the present facts and discusses step by step what consequences can result from this. In addition, the lawyer checks the evidence and uncovers inconsistencies in the statements of witnesses and the other party to the accident.
The lawyer also informs his client of his or the claims of the opposing party. In addition, necessary information about documents is obtained by the lawyer and administrative procedures are carried out. In the court proceedings themselves, the lawyer naturally acts as a defence lawyer and representative for his client.