Traffic lawyer

Road law

Road traffic law in Switzerland is a multifaceted body of law.
Violations of the Road Traffic Act (RTA) inevitably lead to criminal sanctions (details below).
In addition, depending on the severity of the violation, administrative sanctions may also be applied.
It is essential to note that the LCR also has major implications in civil law, specifically concerning civil liability.

In connection with this, Article 58 para. 1 of the Swiss Code of Obligations (CO) states that the owner of a vehicle is presumed liable if the use of the vehicle causes death, injury or damage to property.
Article 58 para. 3 CO stipulates that the owner is liable for the actions of the driver and persons working for him as if they were his own actions.

Article 63 of the Swiss Code of Obligations makes third-party insurance compulsory for all vehicles on the road.
This insurance covers the owner and the persons for whom he is liable under the LCR.
In addition, article 65 of the LCR gives the victim of an accident the right to sue the insurer directly.
This provision is essential, as it ensures that the victim can obtain compensation from a financially sound entity.

In addition, Article 74 of the Swiss Road Traffic Act establishes the National Bureau of Insurance (NBI).
The NBI ensures that victims of accidents caused by foreign vehicles can obtain compensation in Switzerland.

Criminal law

Violations of the LCR are followed by criminal sanctions, which can range from a simple fine to a prison sentence.
The competent legal entity depends on the seriousness of the violation.
If an accident results in injury, additional charges may be applied, such as bodily harm or even negligent homicide.

In cases where another violation is added, if it is prosecuted automatically, the victim can choose to withdraw or not to file a complaint.
However, charges relating to the CRL will continue as they fall under the authority of the State.

The facts determined in the criminal proceedings will be used in the administrative proceedings.
These two procedures are distinct and conducted simultaneously.
It is therefore common to request that the administrative proceedings be put on hold until the criminal proceedings have been resolved.

Administrative aspects

In addition to procedures for assessing fitness to drive, an administrative procedure is launched after a criminal violation of the LCR.
This procedure focuses on driving license sanctions, which can range from a simple warning to permanent revocation of the license.

There are two main types of withdrawal: warning and safety.
The former is a penalty, while the latter is a preventive measure to keep dangerous drivers off the road.

Following a withdrawal for safety reasons, the driver must prove that he or she is fit to drive.
The assessment of fitness generally takes place after a trial period, and the return of the license depends on the results of a medical examination.

The importance of consulting a traffic lawyer

Navigating the complex legal landscape of Swiss traffic law can be a daunting task for the average person.
The implications of a breach of the Road Traffic Act are not just limited to criminal and administrative penalties; they can have lasting consequences on a driver’s license, ability to work and even personal reputation.
This is where the expertise of a traffic lawyer comes in.

A competent lawyer in this field has an in-depth knowledge of the subtleties and nuances of the CRL.
He or she can not only advise on the best defense strategies to adopt, but also help minimize, or even eliminate, penalties.
What’s more, in situations involving personal injury or property damage, the complexity intensifies with the involvement of civil law.
Civil liability can lead to substantial financial compensation.
Without the guidance of a lawyer, you run the risk of navigating these tumultuous legal waters blindly.

In addition, a lawyer can play a crucial role in negotiating with insurers, ensuring that their client’s rights are protected.
They can also advise on how to manage simultaneous criminal and administrative proceedings, ensuring that the client does not unwittingly compromise their position in either.

In short, given the seriousness of the consequences associated with breaches of the CRL, and the complexity of the legal proceedings that can ensue, it is highly advisable to consult a specialist lawyer.
Such an approach can not only offer peace of mind, but also ensure that the individual’s rights and interests are optimally safeguarded.