When is there bodily injury in an accident in a crash, what are the penalties and the defense in initiated criminal proceedings?
The “war” on the roads has been a topic of public discussion almost daily in recent years. By definition, every road traffic accident causes damage. In some cases, the damage is only material and consists solely of damage to the vehicles involved in the accident or to the road infrastructure in the area where it occurred. In other cases, however, the damage consists of bodily injury caused by the accident—a circumstance which, under certain conditions, constitutes a crime and is punishable by criminal proceedings against the driver at fault.
When is criminal liability incurred for causing bodily injury in an accident?
The driver at fault bears criminal liability in cases where a traffic accident has caused minor, moderate, or severe bodily injury. In the first case, prosecution is initiated by the victim filing a complaint with the court, and in the other two cases, prosecution is initiated by the prosecutor’s office.
IMPORTANT! The crimes in question are transport-related crimes and reveal a number of significant features. Therefore, the involvement of an experienced lawyer specializing in criminal law is recommended. Silvia Petkova Law Firm is an international law firm specializing in criminal law, with established and experienced specialists in the field of criminal law, providing highly qualified legal assistance throughout the country.
For contact: Working hours: from Monday to Friday from 10:00 a.m. to 6:00 p.m. address: city. Sofia, street. “Tri ushi” No. 2, floor. 3tel. +359 885 47 77 57email: office@petkovalegal.com
Several are the prerequisites for it to be possible to be engaged criminal liability towards the guilty driver, caused the traffic accident and bodily injury in the accident.
The first of them is to be present intentionally or careless violation of the rules for traffic on roads.
The second one is intentionally or through negligence to cause serious, minor or moderate bodily harm in an accident.
IMPORTANT! Intentional is an act in which the perpetrator is aware of the possibility of causing an accident and bodily harm, and wants or agrees to their occurrence. Negligent is an act in which the perpetrator is either unaware of the possibility of an accident occurring and bodily injury being caused, or, although aware of these circumstances, intends to prevent them.
SPECIAL FEATURE! According to the provisions of the law, drivers are required to adjust their speed to road conditions, so that they are in a position to a18> stop before any foreseeable obstacle. In the event that the obstacle is unpredictable, for example, incorrect road markings or incorrectly placed road signs, criminal liability shall not be incurred at all.
Serious bodily injury in an accident
Serious bodily injury in a traffic accident is present when the victim has suffered:
1. prolonged disorder of consciousness;
2. permanent blindness in one or both eyes;
3. permanent deafness;
4. loss of speech;
5. infertility;
6. disfigurement causing permanent speech or sensory impairment;
7. loss of one kidney, spleen, or lung lobe;
8. loss or mutilation of a leg or arm;
9. permanent general health impairment that is life-threatening.
These signs are determined by a forensic medical examination of the victim.
IMPORTANT! The participation of an experienced criminal lawyer in criminal proceedings can help refute the forensic medical examination, thereby achieving a lower degree of bodily harm and, consequently, a lower sentence.
Moderate bodily injury in an accident
Moderate bodily injury in a traffic accident is present when the victim has suffered:
1. permanent deterioration of vision or hearing;
2. permanent impairment of speech, movement of the limbs, torso, or neck, or function of the reproductive organs without causing infertility;
3. fracture of the jaw or loss of teeth, without which chewing or speaking is difficult;
4. disfigurement of the face or other parts of the body;
5. permanent health impairment that is not life-threatening, or health impairment that is temporarily life-threatening;
6. injuries that penetrate the cranial, thoracic, and abdominal cavities.
Minor bodily injury in an accident
Minor bodily injury in a traffic accident is present when the victim has suffered a health disorder that does not fall within the scope of the above-mentioned injuries, as well as when pain and suffering have been caused without a health disorder.
Penalties for causing bodily injury in an accident
Penalties for causing bodily injury in a traffic accident vary depending on the type of injury and whether it was caused intentionally or through negligence.
Penalties for causing bodily injury damage in an accident due to negligence
Serious bodily injury imprisonment for up to four years and deprivation of the right to drive a motor vehicle
Moderate bodily injury imprisonment for up to three years or probation and deprivation of the right to drive a motor vehicle
Minor bodily injury imprisonment for up to two years or probation, where health impairment has been caused, or imprisonment for up to six months or probation, or a fine of between one hundred and three hundred leva
IMPORTANT! If the injured party requests this, the initiated criminal proceedings for causing serious or a10> moderate bodily injury in a traffic accident may a15> may be terminated and against the guilty driver shall a23> not be held criminally liable.
Penalties for causing bodily harm in an accident while drunk or after using drugs or their analogues
A more severe punishment in these cases is only envisaged when serious or moderate bodily harm has been caused in an accident. It amounts to one to six years’ imprisonment, and in particularly serious cases the punishment is imprisonment for two to ten years. When a case is particularly serious is assessed according to the specific evidence in the case.
IMPORTANT! When qualifying the act using the particularly broad and open to interpretation wording “particularly serious case”, the involvement of an experienced criminal lawyer is essential to refute this qualification and achieve a lighter sentence.
Less serious cases of bodily injury caused by a negligent accident
The law provides for a lighter penalty when the guilty driver has done everything possible to help the victim.
In such cases, the following penalties are provided for:
Serious bodily harm deprivation of liberty for up to three years and deprivation of the right to drive a motor vehicle for
Moderate bodily harm deprivation of liberty for up to two years or probation and deprivation of the right to drive a motor vehicle means of transport
When serious or moderate bodily injury in an accident is caused while drunk or after using drugs, and the driver at fault did everything possible to help the victim, the punishment is imprisonment for up to four years and deprivation of the right to drive a motor vehicle.
Penalties for intentionally causing serious or a7> moderate bodily harm in an accident: the penalty shall be imprisonment for a term of three to twelve years a18> and deprivation of the right to drive a motor vehicle forever.
Protection in the event of causing bodily injury damage in the event of an accident
As with any other criminal proceedings, there are three possible outcomes when bodily injury is caused in an accident:
1. termination of criminal proceedings when it is established that no crime has been committed (e.g., there was no intent or negligence), as well as in cases where the victim has requested this;
2. acquittal;
3. conviction.
The severity of the punishment is determined for each specific case according to the circumstances of the case, and convictions may vary both in terms of the severity of the punishment and in terms of whether it is to be served effectively in prison or not.
In general, the possible variations in the manner of serving a sentence upon receiving a conviction are as follows:
Serious bodily injury due to negligence:
1. A suspended sentence is possible if the court imposes a sentence of up to three years’ imprisonment and the guilty driver has not been convicted or has been rehabilitated;
2. it is possible for the imposed sentence of imprisonment to be replaced with probation in the presence of multiple or exceptional mitigating circumstances
Intentionally caused grievous bodily injury:
1. A suspended sentence is possible if the court imposes the minimum penalty provided for and if the perpetrator has no previous convictions or has been rehabilitated;
2. the sentence of imprisonment may not be replaced by probation.
Serious bodily injury in an accident, when the perpetrator was in a drunk state or after use of narcotic substances or their analogues:
1. possible is conditional conviction, if the court imposes a penalty of up to three years deprivation of liberty and the guilty driver has not been convicted or has been rehabilitated;
2. No substitution of the penalty of deprivation of liberty with probation shall be allowed.
Serious bodily injury, when the guilty driver has done everything possible to help the victim:
1. possible is conditional conviction, if the court imposes a sentence of up to three years imprisonment a27> imprisonment and the guilty driver has not been convicted or has been rehabilitated;
2. it is possible for the imposed penalty of deprivation of liberty to a41> be replaced with probation in the event of the existence of multiple or a48> exceptional mitigating circumstances responsibility.
Moderate bodily injury due to negligence:
1. possible is conditional conviction, if the guilty driver has not been convicted or has been rehabilitated;
2. It is possible for the imposed penalty of deprivation of liberty to be be replaced with probation in the event of the existence of multiple or a32> exceptional mitigating circumstances or directly imposed be imposed directly a37> directly to be imposed such;
3. allows for exemption from criminal liability with the imposition of an administrative penalty “fine”.
Intentional caused moderate bodily injury:
1. possible is conditional conviction, in the event that the court imposes the minimum prescribed punishment and when the perpetrator has not been convicted or has been rehabilitated;
2. shall not be permitted replacement of the punishment deprivation of liberty with probation.
Moderate bodily injury in an accident, when the perpetrator was in a drunk state or after use of narcotic substances or their analogues:
1. possible is conditional conviction, if the court imposes a penalty of up to three years deprivation of liberty and the guilty driver has not been convicted or has been rehabilitated;
2. No substitution of the penalty of deprivation of liberty with probation shall be allowed.
Moderate bodily injury, when the guilty driver has done everything possible to help the victim:
1. possible is conditional conviction, if the guilty driver has not been convicted or has been rehabilitated;
2. it is possible for the imposed penalty of deprivation of liberty to be be replaced with probation in the event of the existence of multiple or a40> exceptional mitigating circumstances or directly be imposed directly be imposed directly be imposed be imposed be imposed be a45> directly to be imposed such;
3. allows for exemption from criminal liability with imposition of administrative penalty “fine”.
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Silvia Petkova Sole Proprietorship Law Firm is a specialized criminal law firm with established and experienced criminal lawyers.
Contact:
Working hours: Monday to Friday from 10:00 to 18:00
Address: Sofia, 2 Tri Ushi Str., 3rd floor
email: office@petkovalegal.com
Tel. +359 885 47 77 57
Consultations and representation are provided by appointment.
The specialists of the law firm provide legal assistance throughout the country.
Consultations by phone and at the office, as well as representation, are carried out only by appointment.