Analysis of road accidents in the traffic police: purpose, procedure, rights of participants in the accident and nuances

Features of accident investigation

Features of the investigation of an accident case depend on its circumstances:

whether its participants are alive and able to testify;
were there any eyewitnesses to the event;
Is the inspection of the accident site, cars informative, or is it necessary to conduct examinations?

Sometimes, after visiting the address and drawing up a report, the picture of the incident is clear. In other cases (death or escape of one of the participants, conflicting testimony of the survivor, witnesses, absence of the latter), additional measures are needed to clarify the situation:

performing automotive technical examination;
identifying and searching for the runaway driver, detaining him without delay;
identification of vehicles involved in the accident;
conducting a re-inspection of the accident site;
forensic medical, forensic examination;
more detailed examination of physical evidence;
searching for eyewitnesses if they do not come forward themselves;
repeated interviews with eyewitnesses;
investigative experiment;
analysis of data obtained from those who saw the event, participants, as a result of examinations.

We recommend reading about the registration of an accident by an accident commissioner. From the article you will learn about who emergency commissioners are, their responsibilities, and the advantages of registering an accident by a specialist. And here is more information about in what cases your license is deprived for an accident.

Traffic police analysis group

The analysis group is formed in the traffic police from employees specializing in investigating the circumstances of car accidents. They must review the case materials offered to them, obtain new data in order to establish:

how the event happened;
who is guilty of it;
what rules and laws were violated by the driver.

The administrative practice group can do a lot to clarify the circumstances of the accident. But sometimes the police simply persuade the driver to admit guilt, although this is not the case. The motorist has a chance to avoid a mistake. After all, the group’s decision is not final and can be appealed.

Investigator after an accident

An investigator from the traffic police enters into the investigation after an accident if the inspector who went to the scene did not identify the culprit. This employee establishes additional circumstances, calls participants and witnesses, talks with them, accepts evidence presented by drivers, and orders examinations if necessary. Actually, the interrogator is one of the members of the analysis team. He can close the case by identifying the culprit, or send it to court.

Accident Investigator

An accident investigator works when people are seriously injured or killed in an accident. Then they open not an administrative, but a criminal case. The investigator's responsibilities also include:

visiting the site for the purpose of inspection and seizure of material evidence;
registration of the results of the procedure;
establishing several versions of an event;
their verification, that is, interrogation of participants, witnesses, appointment of examinations, investigative experiments, confrontations;
drawing up an indictment;
sending the case to court.

Consideration of an accident

Consideration of a traffic accident case includes:

the inspector’s visit to the scene of the accident, recording and documenting the circumstances of its occurrence (inspection protocols, certificates, identifying and interviewing witnesses, diagrams, photos), taking explanations from the participants;
analysis by investigators of information from papers compiled by a traffic police officer, an incident diagram, explanations from drivers, medical examination reports;
the appearance of motorists involved in an accident to give evidence to the traffic police investigation team, if it is impossible to determine the culprit on the spot and make a decision on the violation and payment of a fine;
appointment and execution of examinations that will provide answers to questions that arise during the review (this stage is not always present);
registration of the results of the analysis in the form of a resolution.

Participating drivers have the right to supplement their explanations, ask about anything unclear, insist on involving specialists in the case, and record what is happening. If someone does not agree with the issued decision, it can be appealed within 10 days after receiving a copy. For this they turn to the court or to the higher management of the inspection.

How traffic accidents are analyzed in the traffic police

Analysis of road accidents in the traffic police with the participation of a group formed for this purpose occurs in several stages:

employees first study the accident documents without the participation of the guilty and injured parties;
drivers are notified of the date and place of the further procedure;
at the appointed time they are invited to the office, where they are given the opportunity to once again describe their own vision of the situation;
motorists provide evidence of their innocence (photos, videos, witness statements), and may demand the appointment of an examination;
the review team must respond to the petition immediately and in writing;
if an examination is ordered, they wait for its conclusion, after which the culprit is identified;
a resolution is drawn up.

Drivers can be invited to the debriefing group one by one or together. The second option is more like a confrontation, but there is no violation of the law. Sometimes the truth is established easier and more accurately this way.

Procedure for handling road accidents with victims

If there are injuries as a result of a traffic accident, then this fact must be reported to the operator on duty when calling a traffic police officer to register the accident. He will ensure that representatives of the forensic organization are called to provide medical assistance and conduct an examination to determine the severity of the bodily harm caused. Further investigation is carried out in accordance with the algorithm:

Drawing up a diagram of the incident.
Finding out the causes of the accident.
Monitoring drivers for traces of alcohol and drugs in their blood.
Drawing up the protocol.
Submission of documents drawn up at the scene of the incident to the traffic police department.
Making a decision by the investigator on the qualification of the case as criminal or administrative based on the analysis of the submitted documentation.
Investigation according to the scheme of an administrative or criminal case.

If difficulties are identified in determining the circumstances of the incident, after completing the regulated package of documents, all participants in the accident are invited to the traffic police department to carry out the procedure according to the “road accident analysis group” scheme. During the event, all factors are analyzed to identify the true causes of the accident and determine the degree of guilt of each driver. For a competent approach to solving the problem, participants usually resort to the services of a lawyer who can represent their interests at the event.

The procedure for investigating road accidents for administrative and criminal violations

The procedure for investigating a traffic accident case for an administrative violation consists of:

inspection by a traffic police inspector of the place and cars;
drawing up protocols;
issuing a violation order if one of the motorists admitted guilt;
transferring documents to the analysis group or an investigator when both drivers consider themselves victims;
examination by this authority of the circumstances of the accident;
making a decision;
execution by the culprit or appeal by him against the decision.

If there are dead or seriously injured, a traffic police officer calls an investigation team to the scene, as they are already considering a criminal case. Inspection and recording of the circumstances of the accident are carried out by a criminologist and investigator. The latter opens a criminal case, within the framework of which he interrogates participants, witnesses, and orders examinations. Investigators are working on his instructions. When the person responsible for the accident is identified, the case is sent to court.

Time frame for accident investigation

After an accident, only material damage can remain. In this case, the case is considered within the framework of an administrative investigation. How long before the responsible person must complete the process is established by Section 5 of Article 28.7 of the Administrative Code:

The period for conducting an administrative investigation cannot exceed one month from the moment the case of an administrative offense was initiated.

But if during this period it was not possible to discover all the circumstances of the incident, the investigation may be extended. This is regulated by the same article of the law:

there are no casualties, but the case remains unclear, which means that its study may take another 1 month;
the accident caused minor or moderate harm to health, it is possible that the process will be allowed to be extended to six months.

The decision is made by the superior officer of the traffic police officer who is handling the case of an administrative violation. The latter submits a written request for this purpose.

If there are serious injuries or deaths, the accident is considered as part of a criminal case. Here the time frame for the investigation is different:

2 months from the date of opening the case;
it can be extended up to 3 months by senior management;
in particularly difficult cases, the investigation is allowed to continue for up to a year.

All this is regulated by Article 162 of the Criminal Code of the Russian Federation.

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/ Legal articles on the topic of automobile law / Criminal liability under Art. 264 of the Criminal Code of the Russian Federation / Time frame for investigating a criminal case of an accident

Time frame for investigating a criminal case of an accident

On the pages of our website, we have already touched upon the issues of the duration of pre-investigation checks on facts of road accidents and talked about the reasons why, before the initiation of a criminal case, material can hang around in the “refused” status indefinitely.

In our article today we will also talk about deadlines, but this time we will talk about the investigation of criminal cases of road accidents under Art. 264 of the Criminal Code of the Russian Federation.

According to Article 162 of the Code of Criminal Procedure of the Russian Federation, the preliminary investigation in a criminal case must be completed within a period not exceeding 2 months from the date of initiation of the criminal case. However, this does not mean that all criminal cases are investigated for no more than two months. Not at all. In fact, many cases can be investigated for months and even years, since the same article of the Code of Criminal Procedure of the Russian Federation provides for the possibility of extending the period of preliminary investigation for an indefinitely long period, which can exceed 12 months.

And it is precisely “road” criminal cases that are considered one of the most “long-lasting”, i.e., they are investigated for a very long time.

Of course, the investigation of not all criminal cases of road accidents is delayed for a long time. For example, not too complex cases under Part 1 of Art. 264 of the Criminal Code of the Russian Federation quite often goes to court within two months and even faster. But the investigation of criminal cases of complex road accidents with a large number of dead or injured, moreover, which occurred under unobvious circumstances, can drag on for many months and even years.

Most often, the reason for a lengthy investigation of criminal cases resulting from road accidents is the need to conduct complex automotive or comprehensive examinations. Sometimes a forensic medical examination becomes a stumbling block, the production of which can be delayed due to the long-term treatment of victims.

However, criminal cases of road accidents, unlike many other categories of cases, do not tolerate haste and fuss. In order to establish an objective picture of the accident, investigators need a lot of time.

The procedure for extending the time frame for investigating a criminal case of an accident is no different from a similar procedure in any other criminal case. If it is necessary to increase the period of investigation, the investigator issues a written resolution-petition, in which he sets out the reasons for extending the period and addresses it to the head of the investigative body, who makes the appropriate decision.

This is important: the investigator in charge of a criminal case does not have the right to independently extend the period of its investigation. Only a senior manager has the right to do this. At the same time, the investigation period can be extended to 3 months by the head of the investigative body in which the investigator works, from 3 to 12 months - by the head of the investigative body in the region (republic, territory), and over 12 months - only by the head of the Investigation Department of the Ministry of Internal Affairs of the Russian Federation

Considering that the extension of the investigation beyond 12 months is associated with a trip to high authorities in Moscow and a “debriefing”, in practice, many investigators prefer by hook or by crook to avoid such a development of events and resort to various procedural tricks that allow them to continue the investigation without extending it terms in the Investigation Department of the Ministry of Internal Affairs. For example, after a 12-month investigation period, a formal decision is made to suspend the investigation, which is immediately canceled by the head of the investigation or the supervising prosecutor. Such a “feint” allows, on completely legal grounds (Part 6 of Article 162 of the Code of Criminal Procedure of the Russian Federation), to get another whole month of investigation time without any trips to high authorities. If necessary, this procedure is repeated the required number of times.

Useful information: the period of investigation of a criminal case does not include the time during which it was suspended

What to do if, in your opinion, the investigation is being unreasonably delayed?

File a complaint with the prosecutor's office or court, indicating a violation of the requirements of Art. 6.1 of the Code of Criminal Procedure of the Russian Federation, obliging an investigation to be carried out within a reasonable time.

If you require legal assistance on issues related to the investigation of criminal cases of road accidents, you can get advice from lawyers on our website using this feedback form:

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Investigation of an accident without injuries

An accident, after which it is only necessary to calculate property damage, is studied differently than in the presence of victims. But such accidents can be no less confusing. Therefore, during the investigation process the following is carried out:

Inspection of the scene of the incident. It starts from the point where there are traces of an accident, or from the area along which the vehicle was moving. The features of the area, the location of objects there, signs, curbs, trees, and the condition of the road surface are taken into account.

The starting point of the inspection is determined by interviewing eyewitnesses of the incident. They find out the position of the cars and obstacles on the way before the accident, the reaction of the participants to the aggravation of the situation on the road, and the location of the vehicle after the incident. All traces related to the accident are analyzed and the necessary measurements are taken. Experts study particles of paint, automotive fluids, vehicle parts, and wheel marks. The latter not only take photographs, they make casts of them.

Participants' transport is inspected in detail. All damage is examined and the sequence of its occurrence is determined. It is determined which parts of the car were the first to receive defects. The information obtained as a result of the inspection is entered into the protocol. Afterwards, a diagram of the incident is drawn up with symbols of all details and reference to the area.

Survey of participants . It may not occur at the scene of the accident, but already in the traffic police department. Each driver writes an explanation. And the traffic police officer at this time issues certificates about the accident and fills out part of the protocol. Based on the totality of the information received, the inspector determines the culprit, which he records in the document.

After entering all the information there, both participants sign the document if they agree with the information contained in it. Then they receive copies of the protocol and a certificate of the accident. And after a short time, the culprit receives a decision to pay a fine or a summons to court, where the case of an administrative offense will be heard.

Work of the analysis group . The inability to immediately identify the culprit requires its identification in the traffic police department on whose territory the accident occurred. The procedure involves service employees, as well as participants in road accidents. The decision is made a maximum of 15 days after receipt of the case materials, and by the court - within 2 months.

During the investigation, various examinations may be carried out. They are done both by order of the court and at the request of one of the participants in the accident and at his expense.

To learn how to conduct an examination of a car after an accident, watch this video:

Analysis of materials from a road accident case. Where should I start reading?

Experience in communicating with even experienced lawyers has shown that most of them begin analyzing the materials of an accident case and searching for grounds for challenging them from the end (from the indictment, other procedural documents, expert conclusions) and continue studying towards the beginning of the case.

Maybe that's right. But the fact is that the main attention in this case is paid to the analysis of conclusions and assessments obtained by other participants in the process, that is, derivative and personal evidence. An analysis is underway, studying not the actual circumstances of the incident, but the results of the investigation’s assessment of the incident and the investigator’s position on key aspects. After this, the struggle begins with the investigator, expert, witnesses, and so on. This takes most of the time and energy.

There is not enough energy or time to analyze the materials to the end, or rather, to the beginning, to the source materials - diagrams and accident reports, photographs from the accident scene, to inspect the accident site, damage to cars. At the same time, the reader of the materials involuntarily begins to see the incident through the eyes of those whose works he is studying. Your own assessment of the mechanism of the incident is lost.

Initial data is the foundation for reconstructing and assessing the mechanism of an accident. All conclusions and expert studies based on unreliable initial data are unreliable. This follows the principle - the main attention should be paid to assessing the completeness and reliability of the source data. By focusing your efforts on eliminating deficiencies in the source data, clarifying them and detailing them, you can make the expert your ally.

Based on the above, at the initial stage you should carefully analyze the initial data formulated by the investigation when making a decision to appoint an examination.

Among the source materials, the most important is the road accident diagram, both from the point of view of the volume and information content of the data reflected on it, and from the point of view of information perception - the diagram reproduces a qualitative picture of the incident and contains quantitative characteristics of traces and objects, is perceived as a reliable large-scale plan and forms a representation information about the situation at the scene of the accident. At the same time, an insufficient number of dimensions, measurement errors, the absence of important traces and objects on the diagram, internal contradictions in the diagram are revealed only when it is carefully studied.

As practice shows, approximately 80% of circuits contain errors of varying significance. From minor, not entailing any consequences, to significant, critically influencing the expert’s conclusions.

Therefore, the first stage of incident analysis is drawing a large-scale diagram. This often leads to positive results.

Example 1. Circumstances of the case.

02...7 in the city D-o at the address st. S-dy, 2, a traffic accident occurred, as a result of which a Mercedes car, g.r.z. In...96, owned by V. R.I., mechanical damage was caused. The driver of the UAZ-39094 car was found guilty of the accident. In... 45, P-v M.V.

The plaintiff turned to the defendant for direct compensation for damage from the accident, since his civil liability was insured by SK S LLC, after which the defendant paid him money in the amount of 178,300 rubles. Not agreeing with the amount of the paid insurance amount, to determine the amount of damage, he turned to the forensic expert I-y O.A., according to whose conclusion No. 1..7 of 14..7, the market value of the damage, taking into account wear and tear, is 209,126 rubles ., 6,500 rubles were paid for the examination.

To clarify the extent of damage received in this accident and the cost of repairing the Mercedes car, the court ordered a forensic auto-technical examination.

The expert, among other materials, was provided with a diagram of the accident (Fig. 1) and, at the expert’s request, photographs from the scene of the accident.

In the PC Crash program, in accordance with the provided accident diagram and using large-scale images of cars, a large-scale diagram of the incident was made (Fig. 2).

It is obvious that the road accident diagram given in the administrative material does not correspond to the circumstances of the incident and is technically unreliable.

Traceological studies have established the absence of active contact-trace interaction between cars under the stated circumstances.

The plaintiff was upset. And one more interesting detail - it turned out that both cars belong to the same person.

In this case, it was enough to draw a scale diagram based on the dimensions given in the accident diagram. To do this, it is enough to have a sheet of paper, a ruler and a pencil.

But there are times when a more complex procedure is required to clarify the scheme.

Example 2. . Facts of the case

07...9 at 11-30 at 7 km of the Sh-o tract, the driver of O-va S.S., driving a Toyota car no. X...45, lost control, allowed to enter the lane of oncoming traffic and collide with an oncoming Hyundai car city A... 89 under the control of E-va A.P. The vehicles suffered mechanical damage.

A fragment of the road accident diagram available in the administrative case materials is shown in Fig. 3. Attempts to draw a large-scale diagram using the road accident diagram did not lead to success. That's why. The specialist conducted an additional inspection of the scene of the incident and took large-scale photographs of the road section using a quadcopter (photo 2).

The photograph from the accident scene clearly shows that the Toyota car stopped at a stand with road signs (photo 3). This rack is clearly visible in photo 2 (pos. “a”.) A comparison of the accident diagram with photo 2 and photographs from the accident scene showed that not a single size in the accident diagram corresponds to the recorded objective data (Fig. 2 - photo 2).

Further reconstruction of the scale diagram was carried out in the PC Crash program using a virtual camera and photographic images from the scene (photo 3, Fig. 4).

The use of this method, with the correction of the 3D image according to the distances between control points on the diagram, determined from photographic images using cars as scale objects, made it possible to carry out a large-scale reconstruction of the accident diagram with sufficient accuracy - Fig. 5.

Fig.5. Location of the vehicle, corresponding to photo 3.

Upon further investigation, it was determined that the car collision occurred on the side of the road. By the time of the collision, the Toyota car had completely cleared the Hyundai car’s lane (Fig. 6).

Fig.6. The location of Hyundai and Toyota cars at the time of the collision.

And then it’s up to the lawyer. It is obvious that the assessment of the actions of car drivers based on the road accident diagram available in the administrative case materials and the assessment based on the reconstructed large-scale road accident scheme will be different.

There are also more complex methods for analyzing and reconstructing road accident patterns, based on the use of expert programs and complex measuring systems, which make it possible to reconstruct road accident patterns in more complex cases.

Obviously, if a lawyer, with the help of a specialist, manages to make significant changes to the road accident scheme and justify these changes and achieve the appointment of a repeat or additional examination, the expert’s conclusions will be different.

Procedure for investigation with victims

When there are injuries or deaths in an accident, the investigation includes more stages:

Inspection of the accident scene . The procedure is carried out as described above. But in addition to cars and their parts, furnishings, blood stains and the clothes of the victims are examined. If there is a deceased person, the body is examined. His posture, clothing, the nature of its defects and damage to the skin and other organs are studied.

The position of the corpse relative to other elements located at the accident site is taken into account. If there are injuries uncharacteristic for this accident, the reasons for their occurrence are determined.

Investigative experiment . This stage of the investigation involves recreating the conditions in which the accident occurred. It will show what the participants in the accident saw and heard at the critical moment, and whether external factors could have provoked it. An investigative experiment is necessary to establish the possibility of damage to the vehicle under the circumstances described by witnesses and the speed they stated.

The procedure is performed in a fenced area where no foreign objects or people will enter the action area. The situation is recreated according to previously performed calculations so that the participants in the experiment do not suffer.

Expertise . Research is carried out by different specialists if other methods do not provide answers to existing questions. With their help, the location of the accident, the direction of movement of the vehicle, and the features of the appearance of traces are determined. The type of accident is also calculated (rollover, collision or collision of cars), if there is no other way to do this. Experts gain access to case documents and any other materials.

Sometimes a specialist goes to the scene of an accident, examines cars, their individual parts, and assemblies. If there are victims, a forensic medical examination is also carried out. With its help, the position of the body before the accident and the trajectory of its movement at the time of the accident are determined. A medical expert will identify characteristics of the driver that could have contributed to the incident, for example, decreased hearing, vision problems.

The measures taken will help the investigator create a complete picture of the accident, identify the influence of external conditions and personal characteristics of the participants on its occurrence. But sometimes they are not enough; additional measures have to be used in the investigation. For example, to look for the culprit of the incident or him and the car.

In some road accidents, in addition to the identified participants, there may be another one who drove away or left the scene. It is necessary to look for it using the signs mentioned by eyewitnesses, identify the car, and prove involvement in the accident.

An important part of the investigation is the interrogation of participants and witnesses. The investigator must identify inconsistencies in their testimony, outright lies and manipulation of facts, and groundless shifting of blame onto the deceased.

To learn how an investigative experiment is carried out in case of an accident, watch this video.:

How to communicate with an insurance company

It's no secret that all car owners in Russia are required to insure their cars. Everyone should have an MTPL policy.

The driver’s responsibilities in the event of an accident, if he expects to receive an insurance payment, should be to minimize possible losses, register the road accident in accordance with the law, and record the data and addresses of all participants and witnesses of the accident.

The driver is obliged to provide other participants in the accident upon request:

your insurance policy number;
the name of the company that insured your vehicle;
contact details of your insurance company;
other necessary information about the insurance contract.

The driver has the right to demand the presence of a representative of the insurer when registering an accident. To do this, you need to call the company and tell them about the circumstances of the accident.

The responsibilities of the driver in the event of an accident without injuries also include filling out a notification about the traffic accident. It does not matter whether the traffic police officers registered the accident or not.

Official investigation of an accident

Not only drivers of personal cars get into accidents, but also those driving official vehicles. In such cases, the investigation is not limited to an administrative or criminal case. They also carry out official investigations, which do not replace the need for the participation of the police or investigator. His goal is to find out the circumstances of the accident and the role of the driver working for the company in it. This is necessary because part of the responsibility for an accident may fall on the management of the enterprise.

The procedure is regulated by Order of the Ministry of Automobile Transport of the RSFSR No. 49 dated April 26, 1990 and has a certain order:

The driver of a company car can call the place of work immediately after an accident. An employee of the organization comes directly there.
He can interview witnesses and see details of the accident scene. He is allowed to take photographs and videos of the situation and cars.

Based on the results of these actions, an authorized employee draws up part of the accident investigation report at the enterprise. The traffic police officers are also obliged to help him by informing him of information related to the incident. From them, a representative of the organization that owns one of the participating cars receives copies of the protocol, certificates and other documents on the case.
The materials are sent to a commission created in the organization.
Based on them, the accident investigation report at the enterprise is completely filled out.
It contains information about the members of the commission and participants in the accident, as well as vehicles. The document describes the circumstances of the incident, the condition of the road and related infrastructure. The weather conditions in which the accident occurred and the illumination of the area are also taken into account.

Equally important is information about the driver, the medical examination he underwent before the trip, the employee’s qualifications, discipline or lack thereof. This is also indicated in the act along with a description of the condition of the company car and the year of manufacture.

Based on the findings of the investigation, the cause of the accident is determined. Then you need to determine a list of actions that will help you avoid this in the future. This is also indicated in the act.

If the driver is guilty, the responsible persons of the enterprise may also be punished. They are charged with the relevant articles of the Code of Administrative Offenses or the Criminal Code of the Russian Federation.

The service procedure must be completed within 5 days. Every employee of the enterprise is notified about its results.

Making a determination on an internal investigation

As part of the official investigation of an accident, the following is determined:

The circumstances of the accident, the preliminary fault of each of the participants, the correctness of the employee’s actions.
Omissions on the part of the enterprise that caused an emergency on the flight.
Measures aimed at eliminating identified omissions.

All of the above by the commission members is drawn up in an Act, which each of the specialists certifies with a signature. The document is valuable in case of complex accidents: the collected materials can be used to prove the employee’s innocence in court.

The act does not contain conclusions - all definitions and assessments are preliminary. Only the judge proves guilt. Investigators are entitled to request the document to provide a more complete picture of the accident. Often the Act lists important details of the accident that escaped the attention of the traffic police.

Investigation of an accident at an enterprise

An investigation of an accident carried out at an enterprise must begin immediately after the event becomes known, upon the written order of the manager. The procedure lasts up to 5 days. If people were injured, the period of official clarification may be extended. How does this happen:

a representative of the organization whose employee was involved in an accident comes to the place where it happened;
he must talk to witnesses, the police, take photos of the scene;
traffic police officers give him copies of documents related to the event;
Then the enterprise’s investigation commission gets down to business, which examines the circumstances of the accident, identifies the driver’s compliance or violation of traffic rules, takes into account weather, road conditions, and other nuances;
it draws up an act that can be used later in court if the case comes to it.

The driver of a company car should report the accident to the service immediately after the accident so that an employee of the company can come and carry out the necessary actions for the investigation. This is important for the participant in the accident. After all, the company is interested in an objective review and will not allow its driver to be blamed in vain.

What problems might you encounter?

The main nuances of an official accident investigation are as follows:

Insufficient preparation of the organization's employees to participate in the accident investigation. When collecting information, errors may be made that will cause incorrect conclusions.
Discrepancy between the data provided by employees and the information collected by the traffic police. It will be necessary to prove that it was the inspector who made the mistake. To do this, you need a strong base - clear photos, words of witnesses.
Inadequacy of measures to determine those responsible at the enterprise. To prevent this, interested parties are not included in the commission. It is necessary to involve third-party specialists.

An official investigation of an accident at an enterprise allows you to analyze the causes of the incident. Based on them, work out the current rules of transportation, technical and medical examination to prevent road accidents in the future.

Administrative investigation of road accidents

An administrative investigation into an accident is a police action aimed at clarifying its circumstances when:

property was damaged;
slight or moderate damage to the health of participants has been established;
There are disagreements between the latter in determining who is guilty.

It begins after the determination of the case is issued. And this document is drawn up when the scene of the incident is examined by an inspector, participants and eyewitnesses are interviewed, photos and videos are taken. The definition is a completed form indicating:

date and position of the employee who compiled it;
the reason for initiating the case;
the circumstances that caused this need;
article of law that should be applied in this case.

The victim and the culprit of the accident receive copies of the document.

Further investigation is carried out by the investigation department. An analysis group is formed from its employees, which studies protocols, acts, testimony of witnesses, and talks with them. This department can order examinations and necessarily calls those involved in the accident for explanations. If damage to health is caused during an accident, police officers seek certificates and conclusions from a medical institution. All this takes from 3 days to 30 days.

In exceptional cases, the period of administrative investigation may be extended at the request of the case manager addressed to a superior manager. If there are no injuries in the accident, the period is increased by another 1 month.

If there are victims, the administrative investigation can last up to six months. Its result is a protocol on the corresponding violation of the law, if it was committed by the driver. The document is sent to the court. In the absence of an administrative violation, a decision is made to terminate the case.

How to behave in the traffic police during analysis

The driver should behave when analyzing an accident in the traffic police in the way that Article 25.1 of the Code of Administrative Offenses of the Russian Federation allows him to:

demand case materials for consideration;
explain your vision of the situation, the causes of the accident, and other relevant nuances;
present photographs taken on site, video from the recorder, and other evidence, and insist on their consideration;
appear at the hearing with a lawyer;
demand an examination or the involvement of witnesses in the proceedings;
read the resolution of the administrative group and sign it;
protest the document with the traffic police or in court.

You can also come to the hearing, but do not testify against yourself. The right is granted by Article 51 of the Constitution of the Russian Federation. The need to appear should not be ignored. The analysis can take place without the participant in the accident, as well as making a decision, but in this case it will not affect either one or the other. In general, it is important to behave not as an observer or guilty in advance, but as a full participant in the procedure, and not succumb to pressure from the police.

How does the traffic police investigate an incident?

If the inspector considers that additional measures need to be taken to resolve the issue of qualification of actions and the degree of culpability of participants in a road accident, the material will be sent to the local traffic police department for accident investigation.

Next, a special group of employees is appointed to analyze the circumstances of the incident. Participants are notified in advance of the date and time when a specific situation will be dealt with, if this was not done directly at the scene of the accident.

Each specific case uses its own methodology for investigating an accident, but there are some points that any driver needs to know.

The investigation is preceded by a study of case materials collected at the scene of the accident and an interview with eyewitnesses. The main object of the investigation at the preliminary stage is the documents recording the fact of the incident. Typically, it takes 3-30 days to review written evidence.
Often, to restore the mechanism of an accident, it is necessary to conduct an examination, for example, traceological or auto technical. If inspectors involved in the analysis of road accidents avoid ordering examinations, explaining this by the workload of the service, the interested driver should insist on having them carried out.
During the analysis, the case officers clarify the details both on the basis of written documents and oral conversations with each driver. Participants in the accident may be invited simultaneously or heard separately. In the first case, a kind of confrontation is carried out, since giving false testimony in an accident is a fairly common case.
Often inspectors do not allow drivers to familiarize themselves with the case materials and do not show a diagram of the incident. On the one hand, this is a way to push the participants in the accident to independently remember the nuances of the accident and contributes to an objective consideration of the case, and on the other hand, it is a veiled method to help the “liked” driver.

As a result of the analysis of the car accident, the group’s inspectors draw conclusions about the presence of elements of an offense in the actions of the participants in the accident, and determine its nature. Based on the findings, a decision is made on a specific incident.

Read also: Driver’s actions in case of an accident Types of accidents

How to act

Since no driver is immune from troubles on the road, if a car accident occurs and you are sent to the traffic police to investigate the accident, you need to know how to behave. You should not leave the solution to a serious issue to chance; it is better to carefully prepare for the investigation and think about how to prove your innocence in an accident and defend the correctness of your vision of what happened.

Participants in an accident have the right to familiarize themselves with all documentation on the case. You can view the available materials in advance. To do this, you must ask the investigation officer to provide all the documents drawn up by the inspector during the accident. In addition, the testimony of interviewed witnesses, video and photographic materials should be studied.

When preparing to analyze an accident, a diagram of the accident scene may be useful. You should not rely on your memory, since many drivers are under stress at the time of the incident and may not remember essential details: the location of signs, the position of the car relative to the road infrastructure, markings on the road, the location of transport stops.

During the analysis, participants in the incident are granted the following rights.

If necessary, the driver can ask the investigator to appoint an examination of the case or request certificates from the relevant services that control the lighting and condition of the road surface at the scene of the accident.
A foreigner must be provided with an interpreter.
Present any evidence taken/collected at the scene of the incident: photographs, video footage from a DVR or mobile phone, explanations of eyewitnesses, and also demand that they be included in the material.
Submit petitions.
Conduct audio recording during the analysis of an accident.
If you disagree with the result of the investigation, appeal the decision.

Important: the appeal period is counted from the date when the driver received a copy of the decision. Therefore, you should not sign the document in the past date.

Do you need a lawyer's help?

When analyzing an accident by traffic police officers, especially in difficult cases, legal assistance in road accidents will be useful. It is advisable to invite an experienced and competent lawyer to the scene of the incident. As a rule, in serious car accidents there are victims, the cause-and-effect relationship in the accident is not determined, or the drivers are mutually guilty of committing a traffic offense.