Driver liability and defence
Driver liability and defence
Road accident with injuries: your rights as the driver involved
Have you been involved in a traffic accident in which someone was injured? In that case you may be prosecuted for a traffic offence causing bodily harm. Such a situation creates a great deal of uncertainty:
Am I liable? Will I receive a driving ban? What about the insurance?
What can you be charged with?
After an accident with injuries, the public prosecutor may prosecute you for:
unintentional assault and battery in traffic
traffic offences causing bodily harm
dangerous or careless driving
This does not mean that you are automatically guilty.
Your lawyer will examine whether the facts and the file actually show a fault, and whether there are mitigating circumstances that can be invoked.
How does the procedure work?
You receive a summons or citation from the public prosecutor’s office or the police court.
Your lawyer gains access to the file and discusses the facts with you.
At the hearing, your lawyer pleads for understanding, mitigation or suspension of the sentence.
The judge decides on any fine, driving ban or acquittal.
A well-prepared defence can lead to a suspended sentence, a limited driving ban or even an acquittal.
Your rights
The right to assistance from a lawyer during questioning and at the hearing
The right to access the full file
The right to fair treatment and an independent investigation
Possible intervention of your legal expenses insurance for the cost of your defence
Even if you made a mistake, you are entitled to a fair procedure and a proportionate sentence.
Contact us for a free first opinion: we review your file and help you limit the consequences.
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