How can a road accident expert witness formulate an opinion on the intentions of the defendant? Cover Image

Jak biegły do spraw wypadków drogowych „może” wypowiadać się o intencjach obwinionego?
How can a road accident expert witness formulate an opinion on the intentions of the defendant?

Author(s): Jacek Księżopolski
Subject(s): Civil Law
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: Monitoring; speed; collision; crossroads; fraud; competences of an expert witness;

Summary/Abstract: A method of producing expert opinions on road traffic accidents evidenced by monitoring system recording, in which one of the participants is suspected of having deliberately orchestrated the collision is presented. The discussion was based on an actual event in which such a possibility was suggested by both the witnesses’ testimony as well as information on the participation of one of the drivers in a large number of similar events. Despite the fact that the questions the court expert was asked were formulated in an extremely general way, they were essentially aimed at establishing whether it was the intention of the defendant – the driver who had the right of way to provoke the collision in circumstances indicating the responsibility of the other participant. Obviously, a direct answer to this type of question was doomed to the complaint of exceeding the competences. However, an adequately formulated analysis may provide the judicial authority with a basis for an independent decision as to what the defendant’s intentions were.

  • Issue Year: 2021
  • Issue No: 3
  • Page Range: 55-66
  • Page Count: 12
  • Language: Polish