Traffic accident and driver's fault – effective protection against unfounded accusations

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Boiko Kateryna

Lawyer

Poland / Warsaw

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Publication date: 02.02.2026

A road accident does not always mean automatic fault on the part of one of the participants. In practice, many situations require an appeal of fault determined by the police after an accident in order to protect the driver’s rights. Errors in police reports, superficial analysis of circumstances, or incorrect interpretation of evidence can lead to unfair attribution of responsibility. 

That is why professional protection of a driver wrongly found guilty is crucial to avoid financial losses, fines, loss of a driving license, and other legal consequences. 

Appeal of fault determined by the police after an accident – when is it necessary? 

An appeal of fault determined by the police after an accident is justified when:

1. the report was prepared without considering all circumstances of the incident, 
2. key witnesses were not interviewed, 
3. recordings from cameras or dashcams were ignored, 
4. there is a dispute regarding the course of the accident, 
5. the police decision is based only on assumptions. 

Quick action in such cases allows you to change the course of the case and effectively defend your rights. 

Protection of a driver wrongly found guilty – legal options 

Protection of a driver wrongly found guilty involves using procedural tools that make it possible to establish the real circumstances of the accident. This includes: 

1. analysis of police documentation, 
2. preparation of objections and explanations, 
3. submitting motions for additional expert opinions, 
4. collecting alternative evidence, 
5. participation in court hearings. 

Such actions significantly increase the chances of changing the initial decision. 

Court proceedings after a road accident – what should you know? 

Court proceedings after a road accident may be administrative or criminal in nature, depending on the consequences of the incident. During such proceedings, the following issues are examined: 

• determination of fault and liability, 
• financial claims and compensation, 
• sanctions such as fines or driving bans, 
• aggravating and mitigating circumstances. 

A properly prepared defense strategy at this stage is crucial for the final outcome. 

Evidence proving the driver’s innocence – a key element of defense 

Evidence proving the driver’s innocence plays a central role in every dispute after an accident. The most important types include: 

• recordings from dashcams and surveillance systems, 
• testimony of independent witnesses, 
• expert opinions in accident reconstruction, 
• photographic documentation from the scene, 
• vehicle telemetry data. 

Correctly collecting and presenting evidence significantly increases the chances of a favorable judgment. 

Lawyer specializing in road accidents – role in the proceedings 

A lawyer specializing in road accidents focuses on analyzing accident circumstances and building an effective defense strategy. Their responsibilities include: 

• verifying the legality of police actions, 
• analyzing procedural documentation, 
• preparing appeals and complaints,
• representing the client in court, 
• negotiating with insurance companies. 

Professional legal support helps avoid procedural mistakes and effectively protect the driver’s rights. 

The most common mistakes drivers make after an accident 

After a road accident, many drivers make mistakes such as: 

• admitting guilt without proper analysis, 
• signing documents without reviewing their content, 
• failing to secure evidence at the scene, 
• giving up the right to appeal, 
• missing procedural deadlines. 

Timely legal assistance helps prevent these problems. 

FAQ — frequently asked questions

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