EVERLEGAL successfully defended the interests of a cyclist injured in an accident in Kyiv
EVERLEGAL successfully defended the interests of a cyclist injured in an accident in Kyiv
About the Incident
On June 11, 2023, on Vyzvolyteliv Avenue, 5 in Kyiv, the driver of a Daewoo Nexia, exceeding the speed limit by 44 km/h and ignoring a red traffic light, hit a cyclist.
The cyclist was a 13-year-old boy. As a result of the accident, he sustained multiple bodily injuries and fractures; one kidney and his spleen had to be removed. Intensive medical treatment lasted more than six months and is still ongoing.
- More details about the incident can be found on Facebook via the provided link.
Project Complexity
At the stage of pre-trial investigation, the driver, a citizen of Uzbekistan, refused to admit guilt or to pay adequate financial compensation for the victim's treatment.
Initially, the driver was detained and held in custody. In an attempt to secure his release during the extension of the detention period, the defendant’s father sent a small sum of money via postal transfer to the victim's mother as partial compensation.
The court took this into account and extended the custody, but allowed for release on bail.
The accused did not fully admit his guilt, and his lawyers tried to shift the blame for the accident onto the child. The amount of damages was initially assessed at UAH 100,000, which was disproportionate to the suffering and pain experienced by the victim.
EVERLEGAL Team's Work
During the court hearing of the criminal proceedings, the EVERLEGAL team filed a civil claim within the criminal case seeking compensation for both moral and material damages. Psychological evaluations were conducted to determine the extent of moral damage inflicted on the boy and his mother.
Outcome
The driver was found guilty of committing a criminal offense under Part 2 of Article 286 of the Criminal Code of Ukraine and sentenced to 6 years in prison.
The civil claim was granted, and the following compensation was awarded:
UAH 800,000 for moral damages to the boy (victim)
UAH 50,000 for moral damages to the mother
UAH 9,486.70 for material damages
After lengthy negotiations with the driver and his lawyers, the EVERLEGAL team achieved the desired result. The driver compensated the client with UAH 500,000 for moral damages, and a payment schedule was agreed upon for the remaining amount.
EVERLEGAL handled this case on a Pro Bono basis, as part of our cooperation with the NGO Veloden and our ongoing support of the cycling movement in Ukraine. Our goal is to achieve justice in traffic accidents involving cyclists, especially children.
The project was handled by EVERLEGAL’s criminal law team, including Partner Oleksandr Ruzhytskyi, Senior Associates Yaroslav Serbin and Maryna Fomenko, and Associate Nataliia Shvets.
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