Proof of Guilt for Bringing to Civil Liability in the Event of a Road Traffic Accident
- Authors: Nesterova T.I.1, Troitskaya E.S.1
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Affiliations:
- National Research Ogarev Mordovian State University
- Issue: Vol 14, No 7 (2021)
- Pages: 122-127
- Section: Articles
- URL: https://journals.eco-vector.com/2072-3164/article/view/531366
- ID: 531366
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Abstract
The article discusses the reasons why most often drivers who are involved in a road traffic accident go to court. The evidence is analyzed, with the help of which the court can establish guilt in the commission of a road traffic accident. The concept of "mutual fault" of drivers who participated in a road accident is revealed. The analysis of the degree of the driver's guilt, which can be considered by the court as mutual, is carried out. The study reflects the most interesting court decisions on this topic. The authors, as a result of the study, come to the conclusion that the most private evidence in disputes related to the establishment of the guilt of a vehicle driver is an expert opinion. In some categories of disputes, special documents may act as evidence, for example, in disputes with municipal institutions, evidence may be an act on identified deficiencies in the operational condition of the road. The authors also name other evidence that can confirm the guilt of the drivers. At the end of the study, a conclusion is presented that it is necessary to establish the guilt of the drivers in each individual case of a traffic accident, for a fair resolution of the dispute.
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About the authors
Tatyana Ivanovna Nesterova
National Research Ogarev Mordovian State University
Email: nesterova_t15@mail.ru
Cand.Sci.(Law), Associate Professor, Head of the Department of Civil Law and Procedure Saransk, Russia
Ekaterina Sergeevna Troitskaya
National Research Ogarev Mordovian State University
Email: troitskaya.ecaterina@yandex.ru
master student. Saransk, Russia
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