Summons received after being hit by a tram

[tiya_ivy 151]

Hi,

 

I'm hoping that somebody may have a little legal experience and be able to help me. A couple of weeks ago I was hit by a tram and broke my ankle. The tram had to stop and all the passengers were ordered off. I was taken to hospital and briefly questioned by the police and they then went away. Today I received a Vorladung from the Verkehrspolizeiinspektion:

 

"Vorladung.

in der Ermittlungssache wegen Fahrlässige Körperverletzung bei Verkehrsunfall u.a. am 29.10.2010 in München

ist Ihre Vernehmung als Beschuldige erforderlich.

Sie werden daher gebeten, am Donnerstag, 18.11.2010, um 10Ö00 Uhr

bei "der oben genannten Dienstalle"

vorzusprechen.

Im falle der Verhinderung (z.B. berufliche Gründe, Krankheit) bitten wir Sie um rechtzeitige (telefonische) Mitteilung, damit ein neu- er Termin vereinbart werden kann. Bitte teilen Sie uns vorab mit, ob ein Dolmetscher benötigt wird, wenn ja, für welche Sprache.

Bitte bringen Sie zusätlich zu diesem Schreiben Folgendes mit:

Amtlichen Ausweis mit Lichtbild, Personalausweis.

"

 

As far as I know, nobody aside from me was injured during the accident, but I've heard awful stories about the MVV suing people for schedule disruption, etc.

 

Can anyone advise on what this letter means, how I should respond/what to say at the summons and what I should expect to happen? Also, is it necessary to find a lawyer at this stage?

 

Many thanks.

[SilentReader 1,066]

I know absolutely nothing about German law or anything else to do with this accident, but I would say...get a lawyer.

[rhody 3,170]

And demand a translator.

[Mapleleafdude 4,292]

Hit by a Tram eh? Guess you didn't see that coming.

 

Anyhow, the accident involved a person and a vehicle. In cases like that police always press charges towards the driver (car,tram,train,whatever).

 

It is now up to the driver to prove that he/she was in control of the situation at all times (not speeding, watching the immediate area etc.). You will have to explain what happened (white line you crossed or light you missed etc.) in your opinion. Nothing scary about it. In all probability the driver will be fined (one months wage)and get a anzeige for körperverletztung which I think turns up in the criminal record for not thinking ahead about all the possibilities that might occur in the next few seconds.

 

edit:oh just seen the "beschuldigt". Get a legal council.

[fraufruit 41,963]

No advice but damn glad you weren't more seriously injured. The Force was with you on that day.

 

Healing thoughts.

[sosarx 1,661]

It says" Ihre Vernehmung als BESCHULDIGTE", so that means YOU are accused to have caused the accident. I would strongly recommend to consult a lawyer, if possible one with "Schwerpunkt Verkehrsrecht".

[Mapleleafdude 4,292]

 

No advice but damn glad you weren't more seriously injured. The Force was with you on that day.

 

Healing thoughts.

 

What force? How do you get hit by a tram? 1.Drunk or just 2.oblivious to your surroundings?

 

I don't know about other people but if I'm near tracks or a road I watch for traffic, if not see 1.

[Mapleleafdude 4,292]

 

And demand a translator.

 

Thats already been offered in the letter asking also for what language. So she should call and ask for an English/Russian translator.

[fraufruit 41,963]

 

How do you get hit by a tram? 1.Drunk or just 2.oblivious to your surroundings?

It's a little late for the how's and why's. The OP is experiencing the consequences of her actions and will probably never get hit by a tram again.

 

Did you never learn by your mistakes, Maple?

[Mapleleafdude 4,292]

I've cut down on (see 1.) :P

[sr5dnptylno 1,648]

Hope the OP has good Privat Haftpflichtversicherung!

Get a lawyer...NOW.

[Boots 1,930]

This is why it's essential to have Haftpflichtversicherung in this country.

[Darkknight 2,305]

 

And demand a translator.

 

The letter received by the OP states they will provide one, they just need to be told for which language.

 

 

Bitte teilen Sie uns vorab mit, ob ein Dolmetscher benötigt wird, wenn ja, für welche Sprache.

Please let us know in advance if an interpreter is needed, if so, for which language.

 

 

This is why it's essential to have Haftpflichtversicherung in this country.

And Rechtsschutzversicherung

[rhody 3,170]

I know, what I meant was to make sure the OP gets it. You still have to demand it in writing.

[sarabyrd 18,767]

Tiva, you know where I live, I will gladly translate for you if we can do this after hours.

 

I am surprised that you are considered the guilty party - unless you were crossing the tram line where you shouldn't have. Do you want to fax me the paperwork?

[tiya_ivy 151]

Thanks for the replies and kind words. I do understand the letter and that I can have an interpreter, etc. What I am looking for is information on what to expect/how to proceed. I.e. Will I get sued? Is this just so they can close the case and we can all move on with our lives and just a simple German formality that they love so much? Will I be issued a fine or have my driver's license revoked, etc.

 

I know everyone is saying to get a lawyer but, after some thought, I have realised this letter is from the police and I seriously doubt that it could be considered a criminal matter. What I am not sure about is whether this is the first step in giving license to the MVV to move forward with legal proceedings against me. I also find it strange that they even want my statement when they have already clearly decided that I am to blame for this. Is this why I would need the lawyer or just for more specific answers to my aforementioned questions?

 

In regards to being "drunk or oblivious to my surroundings" I was neither on the day of the accident. I am not comfortable going into the specifics of what actually happened on a public forum lest it be used against me but I assure you what happened to me could have easily happened to anyone...and yes, I do speak English and Russian.

 

Thanks again for any helpful advice in advance.

[HEM 11,080]

 

I know everyone is saying to get a lawyer but,

 

Exactly - whats so difficult to understand? From your first post YOU are the ACCUSED.

 

 

Thanks again for any helpful advice in advance.

 

Get a lawyer (or are you expecting someone to say "don't get a lawyer"?).

 

 

Hope the OP has good Privat Haftpflichtversicherung!

 

Do you?

[john g. 37,691]

Good question, HEM. Hope she does. Normally, in such a case, if she´s accused of being negligent, the Haftpflcht insurance would provide a lawyer ( it´s in their interest).

[sarabyrd 18,767]

Go to the station, ask the police for the background on who has filed claims and why such person/organization thinks that you are at fault. You do not have to give any information on the spot if you would feel more comfortable with legal representation.

 

Any traffic accident resulting in personal injury is recorded and processed by the police. When I caught Cat's foot in the bicycle wheel the hospital reported it to the police who summoned me for interrogation. I told them that no punishment the legal system could dish out would equal the pain of the knowledge that I hurt my daughter. The case was closed.

 

I have gone rusty on criminal law but AFAIR every party involved in the accident is contacted as a possible guilty party until the exact chain of events has been reconstructed and the question of guilt is answered. Don't worry too much, call on me for translating help if you like. As long as you haven't received a fine or a Strafbefehl you're clear.

 

However, I would recommend taking someone along as a witness to what you are saying and to what the police puts in writing. Sometimes words get twisted and sentences are rephrased.

[postmann 604]

 

"Vorladung.

in der Ermittlungssache wegen Fahrlässige Körperverletzung bei Verkehrsunfall u.a. am 29.10.2010 in München

ist Ihre Vernehmung als Beschuldigte erforderlich.

As Beschuldigter you are free to remain silent, tell them nothing besides your personal data. Still, a lawyer can demand Akteneinsicht (take a look at the charges pressed, and the evidence, if any), which you can not, so the multiple advice to consult one has merits.

 

Actually you don't have to go there at all, as long as the Polizei demanded your showing up -- only the Staatsanwaltschaft (District Attorney) can do that. So you can see them, listen to all, and explain that you would prefer to answer the questions asked after consulting a lawyer.

 

If you command some German, see 'Beschuldigtenvorladung' here. And remember: the police thoroughly analyzed your situation and knows any trick to pull additional information out of you, while you have not the slightest idea what they already do know, and what not, and what they are after. So the advice to consult a lawyer is absolutely warranted.