Rating injury traffic accident
Judicial complaint: The maximum amount Auto

Traffic accidents or traffic occur, usually without too much room for the reaction of drivers or persons concerned.

But in the analysis of the circumstances it is possible to distinguish a series of stages from the time it occurs the potential situation of danger until the moment of conflict or collision. In the range of these moments can be placed a series of perceptions and reactions of people involved, such as perception of danger, the corresponding reaction, any evasive maneuvers, etc. that may be appropriate to avoid a collision or wrong. In between these moments also follows a specific time and travels a given space also essential elements to prevent or not the accident or to its consequences are more or less severe.

Phase perception

This phase begins at the point of possible perception and ends at the point of conflict. This phase is broader because it encompasses the other two stages, because they do not necessarily start when the driver or pedestrian involved perceived danger, but at the time that objectively could have received.

Decision Phase

When the driver or pedestrian achieve real perception begins at decision stage which reacts to external stimulus. It is the time it takes the driver to understand the situation, make a decision and take action it deems appropriate.

Conflict phase

It is the stage at which the accident to be the last period of its evolution. In this phase can distinguish the following elements:

1 .- Position of conflict. It is the space in which it develops the possibility of the accident. It is very variable because it depends on the normal direction of the vehicle and the components involved in the accident, and the evasive action by them. The area of conflict may or may not coincide with the maneuver area, although generally it is always smaller.

2 .- Key Point. It is the point at which the accident is inevitable. You can match the real point of perception, in which case there is no possibility of any avoiding action or it will be very short.

3 .- Point conflict. Is that where the accident is consumed, corresponding to the position of maximum impact. It includes several points or moments: the initial accident when they come into contact with each other intervening elements, development of the event until it leads to maximum effect and, finally, referral to the final position of those elements.

4 .- Final position. This is the position remaining vehicles, people and objects when they reach the stillness after the event.

Judicial complaint: The maximum value of Auto:

Art. 13 of Royal Decree Law 8 / 2004 of 29 October, which approves the revised text of the law on civil liability and safe movement of motor vehicles, provides that when criminal proceedings initiated by the production an event covered by the compulsory civil liability insurance, declaring the absence of the accused or acquitted falls or other decision that will terminate, temporarily or permanently, without a declaration of responsibility, if the injured party has not waived the action civil or exercise it has reserved for separately, before agreeing to the file, the judge shall issue an order in which fixed maximum liquid quantity that can be claimed as compensation. The order will contain the description of the incident, identification of persons and vehicles involved and insurers of the same.

Requirements for issuing the Order of the maximum amount:

In the aforementioned art. 13 of Royal Decree, it shall be listed the cases envisaged by law for its issuance and shall signify that it is prerequisite to be issued, the fact that the complaining party has not reserved the exercise of civil or which had not been waived, plus there is a causal relationship to the fact of the movement.

In addition, the court must agree in legal imperative in any case where the verdict is handed down an acquittal or had ordered the file of proceedings.

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