A car accident in which a person is injured or killed leads to a criminal case in Armenia. The Investigative Committee investigates it, and the driver can be arrested or charged. A car accident criminal case lawyer is useful from the first hours: at the scene, at the first questioning and when the investigator orders the examinations that decide who was at fault.
What happens in a car accident criminal case
- The police and the investigator inspect the scene. They record the position of the vehicles, brake marks, debris, damage, light, weather and road signs, and make a diagram and photos.
- The driver is usually sent for a medical check for alcohol and drugs.
- The investigator orders a forensic medical examination of the victim and an auto-technical examination of the accident.
- The driver is questioned. The investigator can leave him free or arrest him. An arrested person must be released or brought before a court within 72 hours.
What to do at the scene and after
- Call an ambulance and the police. Help the injured. Do not leave the scene.
- Do not move the vehicles unless it is necessary to save a life.
- Write down the names and phone numbers of witnesses.
- Save your dashcam recording. Ask nearby shops, petrol stations and car owners for their camera recordings at once. These recordings are often deleted quickly.
- You have the right to remain silent. Do not explain in detail how the accident happened before you speak with a lawyer.
- Read every record before you sign it. If something is wrong or missing, write your objection in the record.
- Do not discuss money with the victim’s family without a lawyer.
If the driver has already been taken to the police, the first steps are on the page about what to do after an arrest.
Auto-technical and forensic examinations
Most traffic cases depend on the expert reports. The forensic medical examination sets how serious the injuries are and what caused death. The degree of harm decides the charge. The auto-technical examination answers whether the driver had the technical possibility to avoid the collision, at what speed the vehicles moved and whether a vehicle had a defect.
An expert works with the data that the investigator gives him. If the scene record has a wrong distance, a missing brake mark or a wrong time of the traffic light, the conclusion will be wrong too. The defense can:
- put its own questions to the expert;
- ask for an additional or a repeat examination;
- ask for an investigative experiment at the scene, for example to check visibility at night;
- question the expert about the method and the source data;
- show contradictions between the report, the scene record and the video.
Compensation and reconciliation with the victim
The victim and the family can claim damages in the criminal case: medical costs, lost income and other losses. Compensation also matters for the driver. In some cases, depending on the charge and the consequences, the law allows the case to end after reconciliation with the victim. Where this is not possible, voluntary compensation still counts in the driver’s favor when the court chooses the punishment.
Talks with the victim’s side need care. Every payment must have a document, and the agreement must state what it covers. The advocate prepares the text so that the investigator and the court can take it into account.
How advocate Marukyan helps
Advocate Mnatsakan Marukyan is a member of the Chamber of Advocates of the Republic of Armenia (license №2550) and practices criminal defense only. In a traffic case he:
- comes to the police or the Investigative Committee and is present at the first questioning;
- studies the scene record, the diagram, the photos and the video, and looks for missing recordings and witnesses;
- prepares questions for the experts and challenges a report that rests on wrong data;
- argues against detention and asks the court for bail or another measure;
- conducts the talks on compensation and drafts the documents;
- defends the driver at trial and, if necessary, in the Court of Appeal and the Court of Cassation.
He works in Armenian, Russian and English, which helps foreign drivers. The first consultation is free. The office is at Athens street 3/3, Yerevan.
Call +374 91 403961, or write on WhatsApp or Telegram. Advocate Marukyan is available 24/7 for arrests and searches.