Category: New cars

The Case Of "good Deed"

2023

Table of contents:

The Case Of "good Deed"
The Case Of "good Deed"
Anonim

Forest rest did not take place, and Yuri took his spouse to the service - anyway, the car on the go. Before leaving the yard, he habitually looked around. On Saturday morning there were no cars on the street. Slowly drove to the roadway. Ahead, on the right by the side of the road, stood KamAZ. “So, they throw cars wherever they fall …” - Yuri just had time to think, driving around the truck, when a piercing screech of brakes rang out from behind and after him - the sound of a blow of great force. In the mirror I saw that a passenger car had “driven” into a standing KAMAZ. Without hesitation, Yuri took to the right and stopped at the side of the road. “I’ll go find out maybe some help is needed,” he threw to his wife and got out of the car. How then he scolded himself that, out of kindness of soul, he decided to help someone!..

NOT GUILT? SO IT IS CORRECT

Judging by the brake track on the pavement, the young Schumacher, who was driving a Volkswagen Passat, accelerated fairly, but for some reason he didn’t notice the hefty truck standing at the side of the road. Well, okay, that he crashed the car, the main thing - he himself was not injured and did not hook others!

The Schumacher himself climbed out of the mutilated cabin and immediately began to ring somewhere. Obviously not in the traffic police, because the inspector showed up himself - apparently, was somewhere nearby and drove up to the noise. Traffic police officers would always have arrived at the scene of an accident! The driver of the Volkswagen approached the inspector and began to explain something to him. Yuri was about to leave (since help was not needed), but the traffic police officer called him and immediately … demanded the rights and documents for the car.

What happened next literally shocked Yuri. It turns out that according to the version of the failed rider, he was moving straight at low speed, not being rebuilt, but then a frantic UAZ jumped out of the yard, did not give way to him and hit the Passat in the left front wing! Volkswagen skidded, and so he ran into KamAZ. So, no more, no less!

The inspector went to the UAZ, examined the wing, door, bumper and agreed with such a legend. Moreover, in the certificate of the accident he wrote: "there is damage to the right front wing." Apparently, he meant the scratches left by the branches on the last hunt. Yuri's explanations did not lead to anything. In addition to the certificate (by the way, in it the inspector declared B. the culprit of the accident, although this is the duty of the court), he drew up an administrative protocol and appointed Yuri the time for his case to be examined by the traffic police.

A few days later B. came to the parsing group, but they did not even listen to him - and so, they say, everything is clear. “Violation of clause 8.3 of the SDA, did not give way, leaving the adjacent territory …” Neither the wife’s testimonies, nor the explanations of the guilty law enforcement officers themselves without guilt were of interest. On the advice of experienced friends, Yuri decided to appeal the decision in the case of an administrative offense to a higher traffic police body. Almost a month later, the answer came: "due to the lack of proof of guilt, the decision on B. was canceled." It seemed that justice had triumphed, it remained only to rejoice. But let's not rush things - we are only at the beginning of a thorny path …

A JUDGES - IS

Six months after the incident, Yuri received by mail a heavy envelope from the Cheryomushkinsky District Court of Moscow. A bad feeling was not deceived: the package contained a judicial summons, a statement of claim with attachments - apparently, Schumacher decided to fight for his version to the end! At the same time, the amount that Sergei S. (as he was called for life) wanted to receive was almost 200 thousand rubles! Realizing that he alone could not cope, Yuri turned to the "Human Rights".

Having carefully read the case materials, I outlined my "line of defense." Firstly, there was no evidence in the case that Yuri violated the Traffic Rules - the decision was canceled, and the accident certificate, where the inspector pointed out the UAZ driver as guilty, was compiled in violation of the requirements of the law. Secondly, we had a witness - the wife of Yuri. She could confirm that there was no Volkswagen clash with the UAZ. In addition, a trace of the brakes was recorded on the accident diagram (evidence that the Passat was moving at high speed!), But for some reason no one even paid attention to it. In a word, it was necessary to prove that the UAZ had not only damage, but the collision itself was not. Fortunately, we had photographs taken that morning by Yuri's friends who arrived quite quickly at the scene of the accident. Scratches clearly did not pull on the trail from a collision with another car!

Having prepared a review of the statement of claim, we went to court. Naturally, the representative of the plaintiff insisted that the accident was caused by Yuri, and asked the court to satisfy the claim in full. When he got acquainted with our arguments, he himself asked to postpone the proceedings. And at the next court session he said that he was asking to bring witnesses to court: the traffic police inspector Zuev (the one who made the incident) and the “eyewitness” of the incident - a certain Bogachev. We did not even suspect such a thing.

Inspector Zuyev testified that on that day he stopped in a company car near the curb to pour liquid into the washer reservoir. At that time I heard a blow, turned around and saw two colliding cars - KamAZ and Volkswagen; "UAZ" stood aside, a few meters away. Regarding the damage to the all-terrain vehicle, the officer could not give an intelligible answer, he only said that there were scratches, which he did not remember exactly.

The second “witness” generally carried something out of the ordinary. He was at the store (this is about a hundred meters from the place where the cars collided) and saw the Volkswagen driving at a low-speed traffic light at a low speed and at that time the UAZ left the yard and collided with the Passat. When I asked him a question, it became clear that he did not see and could not see any collision of an off-road vehicle with a foreign car. From the point where he allegedly stood, in the best case, one could only see the “meeting” of a foreign car with a truck.

The plaintiff, it seems, understood that the case was beginning to crumble, and filed a motion for the appointment of a technical expertise. Such a move only made it easier for us, and Yuri had no need for extra expenses. However, by submitting a motion, the plaintiffs were not able to offer suitable questions to experts. Only one general figure appeared: “What points of the Rules of the road should the road accident participants be guided by?” We were ready for such a turn of the matter and asked the judge to include our questions in the list. What, from a technical point of view, caused the clash between KamAZ and Volkswagen? What was the speed of the Passat before a collision with a truck? Did the Volkswagen driver have the technical ability to avoid a collision while observing the speed limit? The plaintiff and his representative snickled. Apparently, already at that moment they realized that the trial might not end in their favor …

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