A car accident resulting in serious injury or death – what should be done? (legal information)
A fatal crash – a car accident involving serious injury or death – may lead to criminal charges, along with civil damage claims that may be filed against the offending driver. Many factors may affect the outcomes of these criminal and civil proceedings, including what caused the accident, the safety measures applied at the time, as well as legal advice and representation in order to optimally conduct the proceedings. In this article, attorney Moti Orange, our firm’s expert on traffic law, explains this issue.
Unfortunately, car accidents are very common in Israel; hardly a day goes by without at least one fatal car crash. The alarming data published by the National Road Safety Authority (RSA) show that the number of people killed in traffic accidents has been gradually increasing in recent years. In light of such alarming statistics, according to which vehicle accidents that end in serious injury or death happen almost every day, it is important to understand that this is a scenario that can happen to anyone. But moreover, it is important to understand what should be done in these cases.
Although fatal and serious accidents are occasionally the result of driving offenses (such as driving under the influence of alcohol or speeding), this is not always the case. These serious accidents are often caused during routine driving, for example, as a result of a lack of attention or driving without taking difficult road conditions into account. However, even in such cases, it is probable that an indictment will be filed against the drivers. They might even be sued separately by the injured parties or their relatives. In these cases it is especially important to know how to be prepared and how to act, both at the scene of the accident and afterwards. We explain below.
Charges filed following a fatal car accident
In cases of a fatal car crash, the drivers involved are exposed to charges of reckless homicide or causing death by negligence, according to the Israeli Penal Code. Although the punishment for such offenses usually includes a prison sentence, there is a significant difference between them. While the punishment for causing death by negligence is up to 3 years in prison, the sentence for reckless homicide is up to 12 years in prison. In addition to these offenses, drivers may also be charged with other offenses as part of the indictment, to the extent that the authorities believe they also caused the accident. These offenses may include driving under influence of alcohol and drugs, lane deviation, speeding, driving through a red light, etc.
Possible charges for a vehicle accident resulting in serious injuries
Notwithstanding homicide charges following a fatal vehicle accident, in case of serious injury, the drivers involved can be charged with causing actual harm resulting from the accident. Actual harm can be, for example, an open wound, deep cuts or fractures. The sanctions for a conviction of these offenses vary, depending on the circumstances of the case, as well as on whether the indictment contains additional offenses. These may include, in addition to temporary or permanent suspension of a driver’s license, financial penalties, damages for the victims of the accident, imprisonment (jailtime, probation or community service) and more.
The drivers’ conduct may have a decisive effect on the outcome of the proceedings against them
It is important to know that the drivers’ behavior after the accident may greatly affect the proceedings against them. It is very important to comply with the mandatory safety measures, including activating the vehicle’s emergency lights, wearing a reflective safety vest and placing a warning triangle before the vehicle. There is also tremendous importance in calling the police and Magen David Adom, and acting according to their instructions, as well as providing first aid to the injured people, to the extent possible. Drivers who do not do so may be exposed to additional charges, for a “hit and run” accident.
Documenting the scene and its surroundings and the witnesses’ contact information (if there are any) are also of great importance. In addition to all of the above, it is important to remember that these are capital cases (Diney Nefashot). As mentioned above, drivers who are involved in fatal accidents, or those that result in severe injuries, are exposed to charges that may deprive them of their freedom for many years. Optimal legal representation may often lead to a reduction in the severity of the charges against the drivers, and sometimes even to full or partial acquittals. Accordingly, it is important to seek the advice and legal representation of a lawyer who specializes in traffic law at an early stage, preferably even before submitting an initial version to the police.
Damage claims against the offending driver
Along with the reasonable possibility of charges being filed against the drivers involved in a traffic accident that resulted in serious injury or death, in many cases, the people who were injured in the accident or their relatives will file damage claims against the drivers. The insurance companies who issued the insurance policies for the vehicles involved in the accident are generally involved in these lawsuits. Here too it is very important to seek the legal advice of a lawyer who specializes in traffic law. In these cases, damages amounting to hundreds of thousands and even millions of shekels may be awarded. Even before that, an advance payment may be awarded at the expense of future damages (referred to in the legal jargon as “Prompt Payment”). Considering the way these proceedings are conducted, familiarity with the law and experience with similar cases, may have a decisive effect on the damages awarded in such proceedings.
A car accident resulting in serious injury or death – contact a lawyer who specializes in traffic law
If you have any questions or need advice or assistance regarding car accidents or traffic matters, please contact us and we will be happy to provide you with a comprehensive and professional response. Our firm’s lawyers have extensive and proven professional experience in representing clients in various types of proceedings in the field of traffic law, representation in investigations and negotiations with the state attorney’s office and the police prosecution. For a lawyer specializing in traffic law from our office visit here.
:
:מאמרים מומלצים