After a traffic accident, you will first get the accident appraisal report provided by the traffic police department. If the parties are unwilling to accept the mediation of the traffic police, they need to be resolved through litigation. At this time, the participation of lawyers can simplify the process, save the time of the parties and improve the chances of winning the case. So, when is the opportunity for the traffic accident liability lawyer to intervene?
1. When is the opportunity for the traffic accident responsibility lawyer to intervene?
From September 1 2007, after a major traffic accident, the parties may ask their lawyers to be present when they are questioned by the traffic control department, and collect relevant evidence from the early stage of the case. The traffic administrative department shall not refuse the lawyer to consult and copy the evidence materials related to the accident.
The early intervention of lawyers will protect the legitimate rights and interests of the parties involved in traffic accidents to the maximum extent. The reporter learned from the Accident Handling Department of the Municipal Traffic Management Bureau that in general traffic accidents, 1 person died or three people were seriously injured due to the main responsibility of the parties, or more than three people died due to the same responsibility, and the property loss without compensation capacity was more than 300,000 yuan. Criminal responsibility should be investigated. Those who have drunk driving, driving without a license, serious overload, escape and other circumstances, as long as more than one person is seriously injured, shall be investigated for criminal responsibility.
At present, lawyers usually intervene in traffic accident cases after the illegal parties are taken away by the police. Sometimes it takes a long time from the accident to the detention of the party concerned. During this period, because there is no lawyer involved, the parties themselves cannot know which evidence is beneficial to them and how to preserve it. Once the evidence is lost, their rights and interests will inevitably be lost in court.
The early intervention of lawyers can not only help the parties to seek favorable evidence, but also supervise the police's working procedures. Public security organs often mediate the parties after the accident. However, such mediation is not mandatory. If you are not satisfied, you can go through legal procedures. And if you are not satisfied with the results of the police inspection, you can also file a reconsideration. Many people don't know such details yet.
Generally, accidents with small losses do not require the intervention of lawyers, otherwise it will not be worth the loss to the parties, but there are three types of accidents that need the intervention of professional legal personnel most. The laws involved are so complicated that it is difficult for non-professionals to fully understand them.
Second, the policy basis.
In order to implement the 16 measures of the Ministry of Public Security to serve the masses, the Traffic Management Bureau issued 13 measures to deal with traffic accidents.
These thirteen measures include:
1. After a traffic accident is put on file, the parties concerned may request an entrusted lawyer to be present when they are questioned. Before a traffic accident is filed, a lawyer who is not entrusted by the client shall not participate in the traffic police inquiry;
2. Before the lawyer entrusted by the party is present to participate in the traffic police interrogation, he must hold the written entrustment document and lawyer's professional card of the party being interrogated, and can participate in the interrogation process only after being verified by the traffic police. The party accepting the interrogation may entrust a lawyer in writing to attend the interrogation process of the traffic police on the spot;
3. The lawyer entrusted by the client shall not interfere with the inquiry of the traffic police when listening to the inquiry of the client by the traffic police. If the entrusted lawyer hints, prompts or stops when listening to the opinions of the client, the traffic police shall stop it in time. If it can't be stopped, the traffic police can ask the entrusted lawyer to leave the inquiry place;
4. The traffic police shall record the name, gender, age and professional license number of the lawyer entrusted by the parties in the inquiry record. After the inquiry, the lawyer shall sign the inquiry record, and if he refuses to sign, the traffic police shall indicate it in the inquiry record and record and video the whole inquiry process;
5. When the traffic police ask the parties and witnesses, whether the parties and witnesses require confidentiality must be recorded in the inquiry record;
6. When the lawyers entrusted by the parties consult, copy and extract the evidence materials related to traffic accidents, they shall submit the documents entrusted by the parties, the lawyer's professional certificate and an application for consulting the evidence, and the application for consulting the evidence shall specify the specific contents of consulting, copying and extracting;
7. The parties and their agents or lawyers entrusted by the parties can only consult, copy and extract the relevant evidence materials of a traffic accident. If it is necessary to copy the relevant evidence materials again for special reasons, the parties and their agents or lawyers entrusted by the parties shall copy them at their own expense;
8. When the traffic police serve the traffic accident certificate, they shall inform the parties that they can submit a written application for reexamination to the original case handling unit or traffic police detachment within 3 days after receiving the traffic accident certificate. The application for reexamination shall have a clear relationship, purpose, reason and application time between the applicant and the parties;
9. If a party dies due to a traffic accident, is incapacitated or loses capacity due to a traffic accident, his successor, guardian, legal agent or entrusted agent shall file an application for review;
10, the traffic police handling the case shall notify the other parties to the traffic accident in writing within 3 days and issue a notice of accepting the application for review to the party applying for review, and notify the applicant for review within 3 days if it decides not to accept it;
1 1. The conditions for not accepting the application for review are: the application for review has not been filed within the prescribed time limit; Need to investigate the criminal responsibility of the parties according to law; The parties bring a civil lawsuit to the court, which is accepted by the court;
12, within 5 days after the conclusion of the review is made within 30 days, the traffic police handling the case shall call all parties to the traffic accident to announce the review results and put them on record, and all parties shall sign the records. If they refuse to sign, the traffic police shall indicate it on the records;
13. During the review period, if any party brings a civil lawsuit to the court and it is accepted by the court, the review will be suspended. If the parties still have objections to the conclusion of the review and ask for a second review, the traffic control department will not accept it.
Therefore, the best time for traffic accident liability lawyers to intervene is when the parties accept the investigation and inquiry from the traffic control department. Early intervention is beneficial to mobile phone forensics. Lawyers, as professional legal service personnel, can give professional guidance on what the parties should do and how to deal with it in each process, which will help them to deal with it calmly if they enter the trial procedure in the future. For more relevant knowledge, you can consult Henan lawyers!