Prawo specjalistyczne w opinii biegłego sądowego i eksperta na przykładzie zdarzeń komunikacyjnych
Specialist Law in the Opinion of a Court Expert and Specialist, Exemplified by Road Traffic Incidents

Summary/Abstract: The article presents a discussion concerning the interpretation of specialist legal issues by individuals issuing opinions for procedural authorities. The authors present the position that although performing legal interpretation for procedural purposes falls exclusively within the competence of those authorities, issuing many types of expert opinions is not possible without a proper understanding - and thus interpretation of the law. This is justified by the broad interdisciplinarity of contemporary expert opinion matters and the established methodology of issuing opinions in many types of cases. Attention is drawn to the fact that speaking about the cause of a road traffic incident is not identical to describing or determining guilt. Using the examination of road traffic incidents as an example, the authors present arguments, from both sides of the dispute, as well as certain situations in which interpreting a given legal norm is necessary. For instance, determining the possibility of avoiding a road traffic incident requires establishing the duties and the moment of reaction of individual active participants in the incident, which is closely linked to issues of right of way in road traffic, the principle of ordinary and heightened caution, as well as the principle commonly referred to as limited trust. Similar interpretative necessities arise in cases concerning the settlement of motor insurance claims and the related guidelines. The paper presents arguments contained in forensic literature as well as in strictly legal literature. It also addresses issues related to legal liability for issuing a false opinion by a court expert, as well as, additionally, by an expert issuing such an opinion outside procedural proceedings.

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