Legal and Constitutional Considerations on Traffic Accidents in Ecuador: A Review Study

Abstract

Traffic accidents in Ecuador represent a critical issue within the realm of public safety. According to the National Institute of Statistics and Census (INEC, 2024), the country has experienced a steady increase in the number of traffic accidents. This rise has also led to a growth in the number of injured and deceased individuals, reflecting growing concern regarding the impact of accidents on public safety and well-being. Therefore, this review study addresses the legal and constitutional considerations underlying the handling of traffic accidents in Ecuador, emphasizing the balance between the State’s punitive power and the protection of the rights of those involved. Relevant regulations, official statistics, and theoretical studies exploring the criminal process related to traffic incidents are analyzed, highlighting this process as a key mechanism for the protection of citizens’ rights. This analysis focuses on the application of constitutional principles of fairness, proportionality, and respect for human rights in each procedural phase, from investigation to judicial resolution. It is concluded that, through a rights-protective criminal justice system, Ecuador seeks not only to penalize traffic-related offenses but also to promote a culture of responsibility and adherence to traffic regulations.