What evidence is typically unrepeatable in a road traffic accident?

Principally CCTV footage (public/private), witnesses, physical traces and certain immediate records of the incident. It is also critical to supervise expert reports (mechanical analysis and accident reconstruction) and ensure the correct incorporation of blood alcohol readings or other relevant measurements.

INJURIES AND CULPABLE HOMICIDE

Road Traffic Accident Victims: Evidence Disappears Fast (and Determines the Case)

Q: How long do I have to join the proceedings as a private prosecutor?

As soon as possible: evidence disappears rapidly (CCTV footage, physical traces, witnesses). Although it is possible to join at a later stage, delay increases the risk of decisions being taken without oversight or the case losing momentum.

Q: Why do criminal proceedings affect the civil claim?

Because a well-conducted investigation organises the evidence, clarifies liability and reduces the scope for disputes about how the incident occurred. This typically strengthens the compensation claim in civil proceedings.

In serious incidents, settling with the insurer is rarely enough. A private prosecution allows urgent measures to be applied for, expert reports to be supervised and key evidence to be secured (CCTV, witnesses, accident reconstruction). This often strengthens the civil compensation claim and helps prevent the case from weakening due to lack of evidence.

CALL THE FIRM CONFIDENTIAL ASSESSMENT

Coverage: Buenos Aires City (CABA) and Province. In a medical emergency or immediate risk, call 911.

The Essentials in 30 Seconds

First priority: health and safety.
Second priority: preserve evidence (cameras, witnesses, photographs, data).
Third priority: criminal strategy + civil impact (expert evidence and liability).

Why Intervene in the Criminal Proceedings?

In accidents involving injury or death, evidence and expert reports tend to determine everything. If the investigation is left to the inertia of the proceedings, delays, incomplete measures and unmonitored expert assessments are common.

A private prosecution enables action with purpose: applying for measures, supervising expert reports and maintaining a coherent case theory. When evidence is properly secured, artificial disputes about how the incident occurred are significantly reduced.

What We Do as Private Prosecutors (in Practice)

Party-appointed expert / expert supervision: technical supervision of accident reconstruction and mechanical analysis, to prevent premature conclusions.
Public and private CCTV: urgent application for preservation and official requests before footage is overwritten.
Witnesses and documentation: early identification, summons, and ordered incorporation of records.
Blood alcohol level and other relevant measurements: supervision of correct incorporation into the case file (records, chain of custody, results).

Impact on Civil Litigation

A well‑conducted criminal investigation typically organises the evidence and clarifies liability, which often strengthens any civil compensation claim. To understand our approach, see our Victim Representation overview and our Case Law section (in spanish).

Emergency Checklist (First 24–72 Hours)

In road accidents, evidence “evaporates.” Where possible, secure the following:

1) Witnesses Full names and telephone numbers. Once witnesses leave the scene, they are difficult to trace.
2) CCTV Footage (public/private) Municipal cameras, shops, buildings. Note exact addresses.
3) Photographs and Location Damage to all vehicles, final position, road signs and surroundings.
4) Documents Police report/records, details of all parties involved, insurance policies and accident report (if available).

ASSESS MY CASE

If there is a medical emergency or immediate risk, call 911. It is also important that emergency medical services attend (e.g. SAME — Buenos Aires Emergency Medical Service) to document the injuries and provide treatment. Afterwards, we work through the evidence and strategy at your pace.

Serious Injuries and Deaths: Early Action Changes the Outcome

In particularly serious cases, beyond the human dimension, there are critical procedural decisions to be made from the outset. The objective is to ensure the investigation is not weakened by avoidable omissions and that evidence is properly preserved.

HOW WE CONDUCT PROSECUTIONS SPEAK WITH THE FIRM

Frequently Asked Questions

The sooner the better: evidence disappears rapidly (CCTV footage, physical traces, witnesses). Although it is possible to join at a later stage, delay increases the risk of decisions being taken without oversight or the case losing momentum.

Principally CCTV footage (public/private), witnesses, physical traces and certain immediate records of the incident. It is also critical to supervise expert reports (mechanical/accident reconstruction) and ensure the correct incorporation of blood alcohol readings or other relevant measurements.

Swift action is required to identify the vehicle and driver: urgent applications for CCTV footage, records and identification measures. Strategy depends on the case and available evidence, which is why early preservation is decisive.

Yes. It requires private legal representation. Criminal proceedings involve technical work from the outset (applications, evidence, expert supervision). Each case is assessed and a fee structure appropriate to the scope of work is proposed.

Because a well-conducted investigation organises evidence, clarifies liability and reduces the scope for disputes about how the incident occurred. This typically strengthens the compensation claim in civil proceedings.

Do Not Let the Case Be Weakened by Lack of Evidence

Where there are injuries or a death, time works against the evidence. Our approach is technical: preserve evidence, supervise expert reports and maintain a rigorous procedural strategy. Contact us to assess your situation in confidence.

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