
Fine for an accident
in which only the person who caused the accident was injured
Code: SPPR00033
Question
In the mall parking lot, I accidentally got into the lane of the car just exiting that parking lot. I fell and hit my head, fortunately the car wasn’t going fast and nothing else happened, the car wasn’t damaged either. However, the driver called the police and they fined me for causing the accident. Should I got the fine?
The answer
Since we do not know the details of the case, we can only give a general assessment. A traffic accident is an event as a result of which a party involved in an accident causes injury, death, property damage, damage to the road, public facilities, escaping dangerous goods or property damage to another party involved in the accident (i.e. not themselves), or to the vehicles involved, including goods being transported or other property which apparently exceed 1.5 times the damage under the Criminal Code. From the wording of the Road Traffic Act, but also from the concept of administrative offenses in the Administrative Offenses Act, it is clear that a traffic accident (or an administrative offense based on a traffic accident) cannot be a traffic incident caused by the participant injury or only harm oneself. For this reason, the fine was apparently wrongly imposed on you. You can object to the fine imposed in this way within the period prescribed by law. We recommend consulting a good lawyer.
Answer according to the current legal status valid on 2/5/2022.