The law governing road traffic accidents is GEO no. 195/2002 regarding public roads, known as the new Highway Code.
According to these legal norms, a road accident is the event that meets the following conditions:
▪ occurred on a road open to public traffic or originated in such a place;
▪ resulted in death, injury of one or more persons or damage to at least one vehicle or other property damage;
▪ at least one moving vehicle has been involved.
The law provides for two types of liability in the event of a road accident, namely: responsibility of the driver of a vehicle not complying with the law and the liability of pedestrians crossing in unsuitable places.
The legal framework provides that pedestrians are injured as a result of crossing in the forbidden places at a red light for them, or failure to comply with the other requirements laid down by the highway laws own the entire responsibility of personal injury, in the case that the driver of the vehicle complied with the legal provisions on this matter.
The driver of a vehicle involved in a crash resulting in death or injury to bodily integrity or health of a person is obliged to take measures of immediate announcement of the police, to not alter or erase the traces of the accident and to not leave the scene of the accident.
Any person who is involved or has knowledge of the occurrence of a road accident resulting in death or injury to bodily integrity or health of one or more persons, as well as in the case where the event involved a vehicle carrying dangerous goods must notify the police immediately and call the national number for emergency calls 112.
It is forbidden to anyone to change the position of the vehicle involved in a crash resulting in death or injury to bodily integrity or health of one or more persons, or to change the state of the scene and to erase the traces of the accident without authorization of the police investigating the accident .
Moreover, drivers of a motor vehicle or tram, certified driving instructors who are in the practical training of a person for the driving license, as well as the examiner of the competent authority during the practical tests of the examination for obtaining a driving license who are involved in a crash are forbidden to consume alcohol or narcotic drugs and/or substances and drugs with similar effects to them after the event and until the testing of the level of alcohol in their body.
In the case that the road accident did not cause but property damage, vehicle drivers will have the following obligations:
▪ to immediately pull vehicles out of the roadway or, if the vehicle does not allow this, to move them as close to the curb, signaling their presence; and
▪ to report to the competent police the area where the accident occurred no later than 24 hours after the event.
However, drivers of vehicles who close an amicable acknowledgement of the accident and the driver of the vehicle which holds an optional insurance for auto damage, in the case that the road accident resulted only in the damage of their own vehicle, will not have to comply with the obligations contained in the previous paragraphs.
Natural or legal persons authorized to perform repair work on damaged vehicles are required to keep records of their own repairs executed under the law, and to report immediately, at the request of the traffic police, the records requested.
The doctrine has established that in case of involuntary manslaughter by a driver of a vehicle with mechanical traction that has a blood alcohol concentration which exceeds the legal limit, involuntary manslaughter and the offenses regarding driving on public roads will be held as concurred offenses.
Leaving the scene of an accident by either the driver involved in a road accident resulting in the killing or injury resulting in bodily or health injuries of one or more persons, or the case that the accident was due to an offense, shall be punished with imprisonment for 2-7 years.
The act of any person of changing the state of the accident and to erase the proof of the road accident that resulted in the killing and injury of one or more persons without the consent of the research team on the spot will be sanctioned with the same penalty.
However, the act of a vehicle driver who, in the absence of other means of transport, carries the wounded himself to the nearest health facility able to provide necessary medical assistance, if he returnes immediately to the scene, will not constitute a criminal offense.
Moreover, leaving the scene of an accident by the driver of a vechile with priority regime of circulation shall not constitute an offense if he notifies immediately the police and, after the mission ends, presents himself at the headquarters of the police unit in whose jurisdiction the accident occurred, in order to complete the documents.
Also, leaving the scene of an accident if the victim leaves the scene, and the driver of the vehicle immediately announces the event to the nearest police station, will not be considered a criminal offense
In order to receive specialized legal consultancy in the case of being involved in a road accident, representation before competent authorities or other legal detailst, please do not hesitate to contact the attorneys within the law firm Darie, Manea & associates who will provide you accurate, competent and up-to-date information.