Practice area · Criminal law
Accidents and collisions.
On both sides of the case.
We handle criminal cases arising from road accidents and collisions - both defending the driver and representing the injured party. In these cases the outcome often turns on the accident reconstruction expert's report.
§01Types of case
The cases we help with
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An accident causing injury
Cases involving impairment of bodily function - carrying criminal liability for the driver.
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A fatal accident
The most serious category of road traffic case, usually conducted with expert involvement.
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A road traffic collision
Petty offence cases, fixed penalty notices and penalty points - including refusing to accept a penalty notice.
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Leaving the scene
Charges brought against people who left the scene of an accident or collision.
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An accident while under the influence
Where the driver's intoxication is added to the charge of causing an accident.
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Representing injured parties
Taking part in the criminal case as a subsidiary prosecutor and applying for compensation for the damage caused.
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Hitting a pedestrian
Cases in which establishing the conduct of both parties to the incident is essential.
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Claims against the insurer
Compensation and damages for harm following a road traffic incident.
Law as at: September 2026. This content is general information and does not constitute legal advice - assessing a particular case always requires reviewing the documents.
§02Classification
A collision or an accident?
The difference comes down to the consequences of the incident - and it decides whether the case proceeds as a petty offence or as a crime.
| Incident | Consequence | Type of proceedings |
|---|---|---|
| Collision | damage to property only | petty offence - a penalty notice or a case before the court |
| Accident | injuries impairing bodily function for more than 7 days | crime - criminal proceedings |
| Serious accident | grievous bodily harm or death | a crime carrying a heavier penalty |
| Leaving the scene | regardless of the consequence | an aggravating circumstance, with separate liability |
| An incident while under the influence | regardless of the consequence | concurrent with liability for driving under the influence |
The classification can be disputed, particularly where the injuries are assessed as being on the seven-day borderline. This has a direct bearing on the type of proceedings and the consequences.
§03Reconstruction
The expert report decides the most
In road traffic cases the court rarely relies on witness evidence alone. The accident reconstruction expert's report is decisive: speed, trajectory, reaction time and whether the collision could have been avoided.
The report is based on material gathered at the scene. If the traces were poorly secured and the CCTV was not obtained in time, the expert's conclusions rest on assumptions - and it is precisely those assumptions that can be challenged.
That is why the first few days after the incident matter. Securing recordings, identifying witnesses and obtaining full medical records produce material that cannot be recreated later.
§04Lines of action
Where we focus our work
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Analysis of the reconstruction
We examine the assumptions behind the report and apply for a supplementary one.
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Contributory fault
The conduct of the other parties can change how liability is assessed.
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Classification of the consequences
The line between a petty offence and a crime can be disputed.
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The injured party's claims
An application for compensation within the criminal case, and civil claims.
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Securing the evidence
CCTV and witnesses - the sooner, the more can be established.
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Sentence and driving ban
Where responsibility is not in dispute, we work on the consequences.
§05After the incident
What to do at the scene and afterwards
Worth doing
- Call for help and make the scene safe.
- Take down witnesses' details - including those who are driving off.
- Photograph the vehicles, the traces and the position of the road signs.
- See a doctor, even if the injuries seem minor.
Better left until later
- Admitting fault at the scene.
- Signing statements whose contents you do not understand.
- Accepting a penalty notice when what happened is in dispute.
- Repairing the vehicle before it has been inspected.
§06How we work together
How we run a road traffic case
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Urgent steps
We secure recordings and identify witnesses before the material disappears.
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Analysis of the file
Police notes, medical records, the expert report.
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Assessing liability
We establish how the incident unfolded and what part each person played.
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Applications for evidence
A supplementary report, witnesses, inspection of the vehicles.
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The case and the claims
Representation in court and in dealings with the insurer.
§07Questions and answers
Questions about road accidents
Cannot find your question here? Call us on +48 883 406 792 or write to us using the contact form.
If what happened is in dispute, or you are not sure whether you are at fault, it is worth holding off. Refusing the notice sends the case to court, where evidence can be put forward. A penalty notice you have accepted is much harder to overturn.
When the incident causes injuries impairing bodily function for more than seven days. Below that threshold the case proceeds as a petty offence.
Yes. You can act as a subsidiary prosecutor and apply for compensation - the criminal court then rules on the obligation to make good the damage or to pay damages for the harm suffered.
Claims can be directed to the Insurance Guarantee Fund. The procedure differs from an ordinary insurance claim, so it is worth handling it carefully from the outset.
Cases involving an expert report take longer - a reconstruction takes time and, where it is disputed, may be supplemented. The actual timescale depends on how complex the incident was and on the court's workload.
For road traffic offences the court may, and in defined situations must, impose a ban. Its length and scope depend on the circumstances of the incident and the defendant's attitude.
The first step
Let us talk about your situation
You do not need your documents in order, and you do not need to know the law. Just tell us what is happening - we will plan the way forward together.
§08Contact
Book a legal consultation
