Traffic accident procedure
ParticipantsParticipants involved in a traffic accident in which a person lost their life or was injured must:
- Remain at the scene of the traffic accident. They may only move away from the scene temporarily, in order to render aid to persons injured in the traffic accident or if they need medical attention themselves, or for the purpose of notifying the police.
- Do everything in their power to remove new hazards that may appear on the scene of the traffic accident and to enable the normal flow of traffic. They must try to preserve the situation at the scene of the traffic accident, as well as existing evidence, in so far as such measures do not jeopardise traffic safety.
- Notify the nearest police administration or police station about the traffic accident and then return to the scene of the traffic accident and await the arrival of the officer who will conduct the inspection.
Drivers who are involved in a traffic accident in which only vehicles were damaged must, if possible, immediately remove the vehicles from the roadway, enable the flow of traffic to continue unimpeded, and fill out and sign the European Accident Statement or exchange personal and vehicle information in another way. Drivers must not leave the scene of the traffic accident until they have filled out and signed the European Accident Statement or exchanged personal and vehicle information in another way.
In the event of a traffic accident in which only property was damaged and the owner of the vehicle or other property that was damaged was not present, the driver must leave their personal information and information about the vehicle involved in the traffic accident for the owner of the vehicle or other property that was damaged.
Drivers whose vehicles were involved in a traffic accident in which persons were killed or injured, as well as other persons who were directly involved in such an accident, have the right to request personal information and addresses from persons who were present at the time of the accident.
Drivers who were present at the scene of a traffic accident or who arrive on the scene of a traffic accident must transport persons injured in the traffic accident to the nearest medical facility if so instructed by an officer. Drivers must also do this before the officer arrives, unless the accident took place at a location where it is reasonable to expect the quick arrival of an ambulance or if they believe that the condition of the injured persons may be worsened by transporting them in an untrained or unsuitable manner. If a vehicle cannot continue travelling on the road due to a traffic accident, the driver or the owner, that is, the person using the vehicle, must remove the vehicle, cargo, items or other materials scattered on the road surface from the road, after being told to do so or allowed to do so by the officer conducting the inspection. If the driver or owner, that is, the person using the vehicle is unable to comply with the above, the officer present at the scene of the accident or at the scene where the malfunctioning vehicle is located shall order a natural person or a legal entity that is in charge of road maintenance to move the vehicle, cargo, items or other materials that are scattered on the road surface to a safe location.
PolicePolice officers are obliged to go to traffic accidents and traffic events that they have been notified about. They are obliged to always perform an inspection of traffic accidents in which persons have been killed or injured, as well as when it is suspected that a crime has been committed, all in accordance with the Code of Criminal Procedure.
Police officers shall always perform inspections of traffic accidents that they have been notified about in which property was damaged: when one of the participants moved away from the scene of the accident; if a participant was not licensed to independently operate a vehicle of a certain category or if a participant was a student driver who was operating the vehicle during a lesson; if a participant had an expired driver's licence or if the participant's driver's licence was withdrawn, revoked, temporarily suspended or if the participant was prohibited from operating a motor vehicle as a precautionary measure; if there was reason to believe that the driver consumed drugs or medication that affect psychophysical capabilities and the ability to operate a vehicle, or that the driver’s blood alcohol level was above the allowed limit, or if the driver was showing signs of being under the influence of alcohol, drugs or medication and was refusing to submit to testing, or if the driver’s psychophysical state was preventing them from safely operating a vehicle; if a driver was not in the possession of aids that they were obliged to use while driving; when there was reason to believe that the cause of the traffic accident was a technical malfunction of the vehicle; when the participants involved in a traffic accident explicitly request so.
Police officers shall also perform inspections of traffic accidents if they involved: vehicles belonging to government authorities, local or regional self-government units, diplomatic or consular offices, international missions and similar international organisations; unregistered vehicles; vehicles for which the validity period of their preventive technical inspection expired; vehicles transporting dangerous or explosive substances or oversized loads; vehicles with expired vehicle licences or vehicles that endanger or distract other road users due to technical malfunctions. Such inspections shall also be performed in all other cases when the committed offence may be sanctioned by issuing the precautionary measure of prohibiting the participant from operating a motor vehicle and by issuing penalty points.
In cases in which the aforementioned conditions are not met, police officers shall not perform an inspection of a traffic accident. Rather, they shall instruct the participants to exchange personal and vehicle information and to fill out and sign the European Accident Statement. Police officers shall draft official records about what was undertaken. These records shall contain information about the participants involved in the traffic accident, records of tests for alcohol, vehicle information, a short description of the event, the time and place at which the traffic accident occurred, and a description of the damage caused. Police officers shall also photograph the scene of the accident and the vehicles and shall, acting on what they have ascertained, exercise appropriate powers over the offenders in accordance with the Misdemeanours Act.
Police officers shall not perform an inspection of a traffic accident if the drivers who participated in the traffic accident in which only vehicles were damaged immediately removed the vehicles from the roadway and enabled the flow of traffic to continue unimpeded, if they filled out and signed the European Accident Statement or exchanged personal and vehicle information in some other way, and if they left the scene of the traffic accident.