3 May 2018

Mykhailo Honcharov has told UNIAN about how to deal with road hogs

Last weekend, Ukrainian Parliament member Mr Mustafa Nayyem was beaten by tough guys in the very heart of Kyiv for being unwilling to let them pass his car.

UNIAN asked Drozdova & Partners Law Firm senior partner Mr Mykhailo Honcharov to tell about how to deal with road hogs and behave properly on the road when someone is wilfully provoking a traffic accident.

According to the expert, where another road user is demonstratively violating the road traffic rules, is provoking a conflict or even attacking, it is recommended that you make all efforts to record all actual data that could further serve as evidence of the troublemaker’s conduct in court. ‘It is not only about records from your dashboard camera. Other sources of information can be eyewitnesses, both pedestrians and drivers or passengers. Such persons can be identified directly at the accented site (it is advisable to find out their names and family names and contact phone numbers) or by promptly making a relevant post in the social media. In addition, it may be that the incident is recorded on street cameras. Either personally or through your lawyer, you may ask the director of a facility where a relevant camera is installed to provide you with the recording. It is a good practice to record the incident on your phone, because such recording may be recognised later as evidence,’ the expert says.

The lawyer pointed out that, where the police come in the midst of the incident, they will (i) terminate the offence and (ii) record the incident since all actions of police officers are recorded on their chest cameras.

‘If you have suffered bodily injury, you should urgently go to a forensic medicine department to have your injury documented in all details. If that is the case, the person injured may not only initiate criminal proceedings against the attacker, but also have the attacker held criminally liable, and file a claim seeking compensation for medical costs and moral harm,’ Mr Honcharov added.