1. What are the situations in which you need to hire a Motor vehicle accident Lawyer?

In a traffic accident situation, many people often find themselves confused and anxious about what to do next. To protect your rights and avoid unnecessary legal risks, seeking the assistance of a lawyer is essential. Here are some cases where hiring a Lawyer to resolve atraffic accident resolution is necessary:

• When you are the one causing the accident.
• When you are injured/harmed in a traffic accident.
• When your family member is the one who caused the accident.
• When your family member is injured/harmed in the accident.
• When a relative is an involved party in a traffic accident.
• When the accident causes significant damage to people and property.
• When the involved parties cannot agree on responsibility and compensation.
• When the person causing the accident is summoned by the police for investigation or faces potential criminal charges.
• …

2. What should you do in the event of a Motor vehicle accident?

Traffic accidents are something no one wishes for, but they can happen at any time, leaving consequences not only in terms of material damage but also emotional consequences. In such stressful and chaotic situations, knowing how to handle the situation calmly and effectively is crucial. This not only helps protect your rights and those of your loved ones but also minimizes legal risks.

Below are the essential steps you need to master to handle an unfortunate traffic accident:

• Staying calm and check for injuries: Assess your own health and that of those involved. If someone is injured, immediately call emergency services at 115 for medical support.
• Preserving the scene and notify authorities: Immediately after an accident occurs, you should preserve the accident scene, avoiding moving vehicles or any objects unless necessary for safety. This helps authorities investigate the incident accurately. Then, promptly call the traffic police or the relevant authorities to report the accident. This ensures an official record is made and the responsibilities of the parties involved are determined in accordance with the law.
• Gathering information: Record the details of the parties involved (name, address, phone number, and driver’s license number) as well as information about their vehicles (license plate and vehicle type). Additionally, take photos of the accident scene, including vehicle positions, damages, and any related evidence.
• Contacting your insurance company: Inform your insurance company about the accident for guidance on the claims process.
• Contacting a Lawyer: In cases of serious accidents or complex legal liability issues, you should promptly consult an experienced lawyer. A lawyer can advise you on your legal rights, assist you in handling the case in compliance with regulations, and help you avoid unnecessary legal risks.

3. What legal responsibilities might a person causing a Motor vehicle accident face?

a. Criminal liability

Pursuant to Article 260 of the Penal Code 2015, as amended and supplemented in 2017, regarding the crime of violating road traffic regulations, any person participating in road traffic who violates traffic safety regulations can face various penalties based on the nature and extent of their violation, including:

• Penalty framework 1: Fines ranging from VND 30,000,000 to VND 100,000,000, non-custodial reform for up to 03 years, or imprisonment for 01 to 05 years.
• Penalty framework 2: Imprisonment for 03 to 10 years.
• Penalty framework 3: Imprisonment for 07 to 15 years.
• Penalty framework 4:  Fines ranging from VND 10,000,000 to VND 50,000,000, non-custodial reform for up to 1 year, or imprisonment for 3 months to 1 year.
• Additional penalties: Offenders may also be prohibited from holding certain positions or practicing specific professional roles, for 01 to 05 years.

b. Civil liability

In traffic accidents, the person causing the accident, in addition to being legally responsiblefor their violation, is also liable for compensation if there are grounds to establish liability for damages. The compensable damages may include:

• Damage to property
• Damage to health
• Loss of life

According to Article 584 of the Civil Code 2015, the grounds for liability to compensate for damages are stipulated as follows:

• Anyone who infringes on the life, health, honor, dignity, reputation, property, or other legitimate rights and interests of others and causes damage must provide compensation.
• The person causing the damage is not liable to compensate for damages if the damage results from a force majeure event or is entirely due to the fault of the injured party.
• If property causes damage, the owner or possessor of the property must compensate for damages, except in cases where the damage is caused by a force majeure event or entirely due to the fault of the injured party.

Additionally, under Article 585 of the Civil Code 2015, compensation for damages by individuals must adhere to the following principles:

• Actual damages must be fully and promptly compensated. The parties may agree on the level, form of compensation in cash, in the form of goods or services, or by performing a task, and whether compensation is made in a single payment or in installments unless otherwise provided by law;
• If the injured party is at fault for causing the damage, they are not entitled to compensation for the portion of damage caused by their fault;
• The party whose rights and interests are infringed will not be compensated if the damage occurs due to their failure to take necessary and reasonable measures tomitigate the loss;
• If the level of compensation becomes inconsistent with reality, the injured party or the party causing the damage has the right to request a court or another competent authority to adjust the compensation level;
• The party responsible for compensating damages may have their liability reduced if they are not at fault or if their fault is unintentional and the damage is excessive relative to their financial capacity.

Note: Motor vehicles are considered high-risk sources. Hence, the owner, possessor, or user of such sources is strictly liable for damages, as stipulated in Article 601 of the 2015 Civil Code, except in the following cases:

• The damage is entirely caused by the fault of the injured party;
• The damage occurs due to force majeure or in emergency situations, except as otherwise provided by law.

c. Administrative responsibility

Administrative penalties may be imposed for specific offenses. For example, traffic safety violations such as not wearing a helmet, lacking a driving license, or driving underage… will be subject to penalties as stipulated in Decree 100/2019/NĐ-CP on administrative penalties in road and railway traffic, effective from January 01, 2020.

4. Why should you use the services of a Motor vehicle accident Lawyer?

When unfortunate traffic accidents occur, many people find themselves overwhelmed and anxious, facing numerous concerns: from health and life-threatening injuries to property damage and complex legal responsibilities. During such stressful times, a professional Lawyer can be a reliable companion, helping you and your loved ones safeguard your rights and minimize legal risks.

A Motor vehicle accident Lawyer not only represents you during compensation negotiations but also provides detailed advice on the rights and responsibilities of all parties involved, helping you avoid unfavorable situations. With their support, you will be guided step-by-step through interactions with the authorities, ensuring that all procedures are handled swiftly and effectively.

Engaging the services of a motor vehicle accident Lawyer is not just about protecting your legal rights; it is also an investment in peace of mind and fairness in resolving the aftermath of an accident.

5. What does a Motor vehicle accident Lawyer do?

a. For clients who caused the accident

• Researching and assessing the information and documents provided by the client to identify legal grounds for protecting their rights;
• Collecting evidence or guiding clients in gathering evidence beneficial to their case;
• Advising clients on the nature, severity, consequences, and possible legal risks; civil liability for compensation for damages, criminal liability (if any) and strategies to minimize consequences and legal risks for clients;
• Representing and assisting in negotiating compensation with relevant parties;
• Assisting clients in drafting written statements, petitions, and preparing documents and evidence to protect their interests;
• Directly participating in meetings, witness interviews, and interrogations with the Investigation Agency, Procuracy, and Court during the investigation, prosecution, and trial to ensure the legal rights of clients (if any);
• Defending clients during trials, debating with representatives of the Procuracy and victims to best protect the clients;
• Performing other rights and obligations as prescribed by law.

b. For clients who are victims

• Researching and assessing the information and documents provided by the client to identify legal grounds for protecting their rights;
• Advising on the liability for damages from the at-fault party, insurance companies, and solutions to ensure the client’s maximum legitimate interests;
• Advising on collecting information, documents, and initiating legal proceedings to claim damages.
• Representing or assisting in negotiating compensation claims forincurred damages;
• Drafting or guiding clients to prepare denunciation files, crime reports and documents to be sent to the Investigation Agency and relevant agencies to request action if the person causing the accident shows signs of criminal behavior;
• Collecting evidence and guiding the client in providing evidence to ensure that the accused or defendant is held criminally accountable for their offenses;
• Directly participating in protecting the client’s rights from the stage of resolving crime reports to initiating investigation, prosecution, and trial;
• Advocating for the client’s rights during court proceedings, ensuring appropriate sentencing and proper compensation for the victim;
• Performing other rights and obligations as prescribed by law.

c. For clients who are litigants

• Researching and assessing the information and documents provided by the client to identify legal grounds for protecting their rights;
• Collecting or guiding clients in gathering evidence beneficial to their case;
• Assisting clients in drafting written statements, preparing documents and gathering evidence to protect their interests;
• Advising on solutions to ensure the client’s maximum legitimate interests;
• Representing the client’s rights throughout the criminal case proceedings conducted by judicial authorities;
• Performing other rights and obligations as prescribed by law.

6. Where to find a Motor vehicle accident Lawyer?

A traffic accident case often involves personal injury and property damage, with the resolution process potentially carrying many risks. Therefore, it is essential to have a skilled and experienced traffic accident Lawyer to effectively protect your legal rights and interests.

With the motto "Give Quality – Gain Trust", the Motor vehicle accident Lawyers at Phong & Partners provide legal consulting services for traffic accident cases in Da Nang and the Central region of Vietnam. Backed by a team of professional Lawyers with extensive experience in traffic safety law, we are committed to safeguarding clients’ rights and offering comprehensive solutions to mitigate penalties and secure fair compensation in accordance with legal regulations.

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