How to defend a traffic accident in court?

In court, you can defend yourself mainly from the following aspects:

1. Whether it constitutes a crime.

3. The degree of the defendant's subjective malice in the crime.

4. Whether there is compensation, whether there is any return of stolen goods, and whether there is a letter of understanding.

6. Whether it is a first-time offender or an occasional offender, and whether there is a bad record. 7. Whether a suspended sentence can be applied. When defending oneself in court, it should be handled flexibly according to the actual situation, and there are no universal guidelines or norms.

Defense opinions may be submitted in areas such as whether a crime has been constituted, subjective thoughts at the time of committing the act, whether it is an accomplice, whether it is voluntary surrender, whether it has voluntarily admitted guilt, whether there has been any expression of remorse, the severity of the harmful results, whether there is forgiveness from the victims, and whether a suspended sentence can be applied. In normal practice, it is recommended to entrust a professional lawyer to defend the defense of the first defense involving criminal cases, which is more helpful to put forward defense opinions in terms of leniency and probation.

Traffic accidents go to court, this is a very common thing, first, first to understand the cause of the accident, second, to look at the accident responsibility determination, third, to find out the truth after the truth to start the defense, it is best to hire a knowledgeable lawyer to defend in court.

It's easy to deal with the problem, first.

Do you have a driver's license? If there is, you also have some responsibility, the construction team on the side of the road is responsible for more than half of the responsibility, the premise (if the construction team has a warning, you have to fall, the responsibility of the construction team is very small, but then again, the construction team must be responsible. If you don't have a driver's license, it's the opposite, and you have more responsibilities to stand on, and it will be very difficult to fight a lawsuit

Hire a professional lawyer, he will have full authority to defend you, and if you don't want to, you don't want it.

When such a thing happens, the two parties cannot reach a private agreement and have to go through legal procedures, which is a very troublesome matter. After going through the legal process, the court will first serve the other party's complaint, and then require that the other party be given a written defense, and prepare relevant evidence on the content and facts of the defense. **The defense in court is actually to find reasons to defend themselves according to the process of the accident, to put it bluntly, it is reasonable, but the most important thing in law is to pay attention to evidence, that is, the facts and processes that must be said must be defensible, and the evidence, human and physical evidence, if the relevant evidence presented is an act within the scope of the law, and does not violate the legal scope in the process of facts, then the result is that the judgment is favorable and the lawsuit will be won.

It is recommended that you find a defense lawyer. If you don't know the law, it's better not to defend yourself.

Legal analysis: According to the size of your responsibility, you must have a basic understanding of the case, and you can hire a professional lawyer to defend in court.

In court, you can defend yourself mainly from the following aspects:

1. Whether it constitutes a crime.

2. Whether they are principal offenders or accessory offenders in joint crimes.

3. The degree of the defendant's subjective malice in the crime.

4. Whether there is compensation, whether there is any return of stolen goods, and whether there is a letter of understanding.

5. Whether there is any voluntary surrender and meritorious service, and whether there is any admission of guilt and repentance.

6. Whether it is a first-time offender or an occasional offender, and whether there is a bad record.

7. Whether a suspended sentence can be applied.

Legal basis: Provisions on Procedures for Handling Road Traffic Accidents Article 60 The traffic management department of the public security organ shall determine the responsibility of the parties according to the role played by the party's behavior in the occurrence of the road traffic accident and the severity of the fault.

1) Where a road traffic accident is caused by the fault of one of the parties, full responsibility shall be borne by the party;

2) Where a road traffic accident occurs due to the fault of two or more parties, they shall bear primary responsibility, equal responsibility and secondary responsibility respectively according to the effect of their actions on the accident and the severity of the fault;

3) None of the parties is at fault for causing the road traffic accident, and if it is a traffic accident, none of the parties is liable.

If one party intentionally causes a traffic accident on the road, the other party is not liable.

Civil Procedure Law of the People's Republic of China

Article 48: Citizens, legal persons, and other organizations may be parties to civil litigation.

law, person, by its legal representative to conduct the lawsuit. Other organizations are litigated by their principal principals.

Article 49: The parties have the right to entrust a person to submit an application for recusal, collect and close the fiber collection, provide evidence, conduct debate, request mediation, file an appeal, and apply for enforcement.

The parties may consult the relevant materials of the case, and may make copies of the relevant materials and legal documents of the case. The scope and methods for inspecting and reproducing materials related to this case are to be provided for by the Supreme People's Court.

Dangshan imitators must exercise their litigation rights in accordance with the law, abide by the litigation order, and perform the legally effective judgments, rulings and mediation documents.

In response to the indictment, a statement of defence may be filed, which must be filed within the time limit (fifteen days from the date of receipt of the indictment).

If the defendant does not reply, it does not affect the court's normal trial of the case, and if there are counterclaim factors, a counterclaim may be submitted in the defense, and if it is found that the court receiving the lawsuit does not have jurisdiction over the case, it may submit an application for a jurisdictional objection within the defense period, and prepare evidence against the plaintiff's lawsuit. In the future, in accordance with the summons of the court, participate in the trial, present evidence in court, and refute the other party's claims in order to safeguard legitimate rights and interests.

Defend against the other party's complaint. The defendant pleaded a plea under article 141 of the Code of Civil Procedure. If you believe that the claims and facts and reasons in the other party's complaint are incorrect, you can put forward your own defense.

In principle, as long as you do not take the initiative to recognize the amount of the request, it will not cause unnecessary liability, so if you feel that the amount is too high when you reply, the compensation items and the amount of compensation will be determined by the court according to law, because your car has purchased sufficient insurance, and the insurance company will bear the liability for compensation.

You only need to explain the basic facts of the case, and after the accident, you actively cooperated with ** and paid the hospital's medical expenses of 11,400 yuan, because the insurance company will return this money, and if the judge asks for compensation opinions in court, you will; As long as the other party demands that it is reasonable and should be compensated within a reasonable range, the insurance company will defend with the other party.

Please pay attention to carefully study and analyze the pleadings and evidence materials submitted by the plaintiff, and prepare the reply and your own evidence materials in advance.

In general, the litigation costs of a lawsuit are borne by the losing party, and if you win, the other party will naturally bear the legal costs, and if you lose, the litigation costs will be borne by the insurance company. In fact, you are actually helping the insurance company to fight a lawsuit, and the final cost is borne by the insurance company. If the insured of the liability insurance, that is, you are sued for the insured accident that causes damage to a third party, the litigation costs and other necessary and reasonable expenses paid by the insured, unless otherwise agreed in the contract, shall be borne by the insurer, that is, the insurance company.

It is the right of the other party to hire a lawyer, and it has nothing to do with you that the other party voluntarily hires a lawyer, and they are responsible for the cost of hiring a lawyer.

It is not very useful to justify the accident after it is found to be responsible.

Where self-defense is conducted in court, it should be handled flexibly according to the actual situation, and there are no norms or norms that can be universalized. When defending oneself in court, defense opinions may be submitted in areas such as whether a crime has been constituted, subjective thoughts at the time of committing the act, whether it is an accomplice, whether it is voluntary surrender, whether Danqin has voluntarily admitted guilt, whether there has been any expression of remorse, the severity of the harmful results, whether there is forgiveness from the victims, and whether a suspended sentence can be applied.

1. Materials required for traffic accident prosecution.

1. One copy of the civil complaint for each defendant in the people's court and each defendant;

2. Evidentiary materials, mainly including:

1) The collection of medical expenses and hospitalization fees issued by medical institutions shall be based on family code certificates, medical records and diagnosis certificates;

2) Certificate of lost time issued by the medical institution and income certificate issued by the work unit;

3) an official bill to prove the cost of transportation;

4) Household registration certificate of the victim and his close relatives, if the victim is a rural resident, proof that he has lived in the city for more than one year at the time of the traffic accident and has a fixed income;

5) Proof of the victim's loss of ability to work or disability;

6) Proof that the dependents and the victim are close relatives, as well as proof that the dependents are minors or have lost the ability to work and have no other livelihood**;

7) Other evidentiary materials, such as the Certificate of Determination of Liability for Traffic Accidents, etc.

The above evidentiary materials shall be increased or decreased accordingly according to the specific circumstances of the case, and submitted to the people's court according to the number of copies of the civil complaint.

3. It is also necessary to submit a copy of the plaintiff's ID card or a copy of the business license and other materials to the people's court.

4. If you entrust a lawyer, you need to sign a contract with the law firm and sign a power of attorney.

2. Time limit for trial of traffic accidents.

1. Competent court: The people's court at the place where the accident occurred or where the defendant is located has jurisdiction.

2. Time limit for trial: The trial time limit for the court of first instance to hear a traffic personal injury compensation case is 6 months, and the trial time limit for the second instance is 3 months.

3. The eighth time limit for the handling of traffic accidents: the time limit for court proceedings.

4. According to article 135 of the Civil Procedure Law, cases tried by people's courts applying ordinary procedures shall be concluded within six months from the date on which the case is filed. Where there are special circumstances that require an extension, it may be extended for six months with the approval of the president of that court; and where an extension is still necessary, it is to be reported to the people's court at the level above for approval. Article 146:People's courts applying the summary procedures to hear cases shall complete trial within 3 months of filing the case.

In the case of general traffic accidents, the court will apply the summary procedure to try the case. Therefore, the court's handling of traffic accidents will generally be completed within three months from the date of filing the case.

Those who defend themselves in court should be handled flexibly according to the actual situation, and there are no norms or norms that can be adopted. When defending oneself in court, defense opinions may be submitted in areas such as whether a crime has been constituted, subjective thoughts at the time of committing the act, whether it is an accomplice, whether it is voluntary surrender, whether it has voluntarily admitted guilt, whether there has been any expression of remorse, the severity of the harmful results, whether there is victims' forgiveness, and whether a suspended sentence can be applied.

1. What should I do if the other party does not come to deal with the traffic accident?

If the other party does not come to deal with the traffic accident, you can find the traffic police in charge of the traffic accident to deal with it, and if you are unwilling to deal with it, you can sue the court.

1. Find the traffic police first, and let them report the traffic police story and related evidence Bo Kai Hongming (you said you want to go to the Faji Register to sue), and he will help you get it.

2. Go to the court for civil prosecution. You have to provide proof of the other party's medical treatment, and the receipts you give to the other party and the traffic police. Then there is the information provided by the traffic police.

3. If he receives a summons and does not go to court, it is his loss, you can ask for enforcement at the specified time, and the court will control his bank account number according to his ID number, and it can freeze it all.

2. Time limit for handling traffic accidents.

The traffic management department of the public security organ shall make a traffic accident identification certificate within 10 days from the date of the investigation of the scene of the traffic accident after the inquest and inspection of the scene. Where it is necessary to conduct an inspection or appraisal, a traffic accident identification document shall be prepared within 5 days from the date on which the results of the inspection or appraisal are determined.

If the parties have a dispute over the compensation for traffic accident damages, and all parties unanimously request mediation by the traffic management department of the public security organ, they shall submit a written application for mediation within 10 days from the date of receipt of the traffic accident identification letter.

In the case of death caused by a traffic accident, mediation shall begin from the date on which the funeral matters are completed; For injuries caused by traffic accidents, mediation begins from the date of termination or disability; In the case of property damage caused by a traffic accident, mediation shall commence from the date on which the damage is determined.

The time limit for the traffic management department of the public security organ to mediate the dispute over compensation for traffic accident damages is 10 days. If an agreement is reached through mediation, the traffic management department of the public security organ shall make a mediation document and send it to the parties, and the mediation document shall take effect after being signed by all parties; If no agreement is reached in mediation, the traffic management department of the public security organ shall make a mediation conclusion and send it to the parties.