What to do if you hit a pedestrian and he left the scene of the accident

When you scroll through news or automobile sites in your city, you often come across sad news when a driver hits a pedestrian and flees the scene of an accident. In some cases it is found, in others it is not. In some situations people die, in others they escape with injuries, it all depends on the specific situation, that is, what kind of car the driver was driving and at what speed, whether the impact was casual or fell directly on the pedestrian. In any case, a person receives an injury, compatible or incompatible with life. But we are talking about the actions of drivers who abandon the victim and run headlong from the scene of the accident, but you can simply take the victim and take him in the same car to the nearest hospital and thereby avoid sad consequences, even at least call an ambulance, but here leaving is not human. And today we will talk about what kind of responsibility is provided for such an offense!

What to do if a pedestrian who was hit left the scene of an accident

The rules of driver behavior when involved in a traffic accident are regulated by paragraphs. 2.5, 2.6 traffic regulations. Regardless of the behavior of other participants in the accident, he is obliged to stop, take first aid measures to the victims, record the data of witnesses and eyewitnesses, call an ambulance, the police, inform law enforcement officers of the circumstances of the incident, and explain the fact that the victim fled.

Even if the downed citizen left the scene of the accident on his own, the driver must follow the traffic rules. There is no guarantee that as a result of an accident, the pedestrian did not receive injuries for which he would not subsequently go to the hospital or the police. And if, according to his testimony, the culprit’s car can be identified, the driver, even if he is not guilty of the accident, risks being held accountable under Parts 1 and 2 of Art. 12.27 of the Code of Administrative Offenses for escaping from the scene of an accident and failure to fulfill duties in connection with an accident.

From a formal point of view, a pedestrian’s independent departure from the scene of an accident may indicate the absence of an accident. According to clause 1.2 of the traffic rules, a road accident is an event that occurs during the movement of a vehicle in which people are killed/injured, a vehicle or building is damaged, or other property damage is caused. If the hit pedestrian left the scene of the collision on his own, it is logical to assume that he is not injured or otherwise damaged. But at the same time, there is no guarantee that such damage is not hidden and will not appear later.

Note!
To avoid consequences, it is recommended to contact the traffic police and report the fact of an accident. If there is no real damage to the pedestrian’s health or does not report itself, the maximum that awaits the driver is a fine for violating traffic rules.

Responsibilities and rights of a pedestrian

A pedestrian is a full participant in road traffic. Like a vehicle driver, he has rights, but also responsibilities.

move along the streets and roads
crossing the roadway at a pedestrian crossing. Responsibilities:
do not interfere with traffic
move along specially designated sections of the road (sidewalks and pedestrian paths or along the side of the road)
comply with traffic rules.

While on the road, it is important to remember not only your rights and responsibilities, but also respect for other road users!

Liability for an accident with a pedestrian

Depending on the severity of the injuries caused to the victim, the driver may face the following types of liability:

Civil. According to Art. 1064 of the Civil Code, the tortfeasor is obliged to compensate for personal and property damage to the victim. Lost earnings are subject to compensation, as well as actual medical expenses incurred for restoration of health and rehabilitation, up to professional retraining - Art. 1085 Civil Code.
Administrative. The driver may be held administratively liable if the victim received minor or moderate injuries, and the collision itself occurred as a result of the driver violating traffic rules, according to Art. 12.24 Code of Administrative Offenses “Violation of traffic rules”. The driver may be fined 2-5 thousand rubles or deprived of his license for a period of 1-2 years.
Criminal. If the collision occurred as a result of a traffic violation and the pedestrian was seriously injured, the culprit is threatened with Part 1 of Art. 264 CC. The maximum penalty is a prison term of no more than 2 years.

Types of health harm (mild, moderate, severe)

Let's look at these three types of harm, after which the material will be easier to understand.

Minor harm to health is a short-term health disorder for up to 21 days inclusive. Accompanied by minor permanent disability of less than 10%. Such injuries include, say, an abrasion, a soft tissue bruise with a bruise or hematoma, that is, a superficial wound, the result of which is a minor health disorder.

Link to Wikipedia about minor health hazards!

Moderate health damage is a long-term health disorder for a period of more than 21 days, accompanied by a persistent loss of general ability to work by less than 1/3. This is usually a temporary disruption of the functions of internal organs and systems, which lasts more than 3 weeks. For example, this could be a concussion, fractures, tendon ruptures, etc. When internal organs are damaged, but temporarily with the possibility of recovery.

Read about moderate health hazards on Wikipedia!

Serious harm to health is harm to health that is life-threatening and results in complete loss of vision, speech or hearing, or loss of function of any organ. Permanent facial disfigurement. Significant persistent loss of general working capacity of at least 1/3. Complete loss of professional ability to work. Damage to health resulting in miscarriage, mental disorder, or as a consequence of substance abuse or drug addiction.

More details about serious harm to health on Wikipedia!

In general, only a forensic medical expert can determine the degree of severity of harm; only he decides to what degree of severity the harm is caused.

And now that we know the types of harm to health, let’s talk about responsibility for each, because for such an act there is not only administrative, but also criminal liability, besides, all road accidents end in harm to health, and many deaths also occur. But don’t forget that we are considering cases where a driver hit a pedestrian and disappeared!

The accident occurred at a pedestrian crossing

If the collision occurred at a zebra crossing, the driver violated clause 14.1 of the traffic rules. This means that in addition to Art. 12.18 of the Code of Administrative Offenses “Failure to give way to pedestrians when crossing a zebra crossing,” if there is harm to the victim’s health, he will definitely be held accountable under Art. 12.24 Code of Administrative Offences. If the harm turns out to be serious according to the results of a forensic examination, a criminal article will be applied. In addition, damage caused to the victim’s health must also be compensated, but within the limits of the insured amount, it is covered by the insurance policy.

Serious condition or death - what should relatives and friends do?

If a car ran over a child or an adult, and as a result of the incident, serious harm was caused to his health or death occurred, his relatives must contact the law enforcement authorities with a statement to hold the driver accountable.

Close people of the victim have the right to monitor the progress of the investigation and take part in it (if necessary). The relative sends a petition to the investigator leading the case to recognize him as a victim and submits relevant documents confirming family ties (passport, marriage certificate, birth certificate, etc.).

The accident did not occur at a pedestrian crossing

Drivers mistakenly believe that hitting a pedestrian outside a zebra crossing is not a violation. It is considered that the traffic violation was committed by the pedestrian, and therefore there is no liability. This is not true because:

If there is no zebra crossing nearby, pedestrians have the right to cross the road without it, in accordance with clause 4.3 of the traffic rules.
When driving on the road, the driver must choose a speed that takes into account the traffic characteristics and circumstances, providing the driver with constant control over the movement. If danger arises, the driver is obliged to reduce speed until full braking, in accordance with clause 10.1 of the traffic rules.

Note!
It is the violation of clause 10.1 of the traffic rules that drivers are charged with when they collide with citizens outside the zebra crossing. And this, depending on the severity of the harm, makes it possible to bring administrative/criminal liability even if the pedestrian ran away.

If a driver hits a person, what should you do?

Under no circumstances should you drive away from the scene of an accident, especially when a car has hit a pedestrian. You should immediately call the traffic police and an ambulance. It is best to interview eyewitnesses and tell all the circumstances to the traffic police. Deprivation of rights and arrest await those who caused moderate harm. If a person dies during a collision, the driver is sentenced to up to seven years in prison. However, as practice shows, some drivers still manage to avoid problems.

The Main Directorate for Road Safety of the Ministry of Internal Affairs of the Russian Federation has its own statistics. For example, last year there were about forty thousand hit-and-run accidents. Many die in such road accidents. In this regard, the driver must monitor everything that happens on the road, because pedestrians are also traffic participants on the road. They must also obey traffic rules. Therefore, sometimes drivers are not punished for hitting them.

What if there was a collision with a person?

The driver must stop the vehicle, turn on the hazard lights and place a special sign on the road. Items related to the accident must not be touched. If it is night outside, it is better to wear a reflective suit.
If possible, first aid should be provided to the injured person. If a pedestrian has a serious condition, then he must be sent by passing car to a medical center. But in any case, you will have to return to the scene of the accident.
It is necessary to call an ambulance and road service personnel. If the pedestrian is in extremely serious condition, then it is better not to touch him, you must wait for the doctors. If the vehicle is obstructing the passage, then you need to photograph and videotape the position of the car in relation to the victim and other objects. Only after this can the road be cleared.
It is also recommended to record and record eyewitness information, including telephone number, name and address.
This incident should also be noted by the insurance company.
The traffic inspector needs to outline everything in detail. You can also note measurements and diagrams of the traffic accident.
If you do not agree with something, then this must be indicated in special documents.
If a pedestrian is injured, the traffic police officer will initiate a case under Article 12.24 of the Code of the Russian Federation on Administrative Offenses, and then send the driver to the first-aid post to collect additional information about him.
The driver must describe in detail the circumstances of the accident and provide photos/videos.
The driver has the right to file a petition to call witnesses to the incident. It is also possible to postpone the case until a lawyer appears.
If data on pedestrian injuries is received, the traffic police officer draws up a document on an administrative offense. And then the case is sent to the court. The driver must be prepared to pay a large fine. If a person suffered only slightly, he faces a fine of up to five thousand rubles and deprivation of rights of up to 1.5 years. If we are talking about moderate severity, then the fine will be up to twenty-five thousand rubles, deprivation of rights for two years. In this case, all materials are transferred to the investigator and he conducts a full investigation. After this, the case goes to court. If serious harm to health is caused, the deprivation of rights will be up to three years, and the term in prison will be 2-3 years. If the pedestrian is killed, the driver will face forced labor or imprisonment for 4-5 years with deprivation of rights for three years. If two or more people died during an accident, the driver will face forced labor or imprisonment for 5-7 years with deprivation of rights for three years. However, this outcome applies to those cases where driver negligence was recorded.

If during the investigation it becomes clear that the motorist is not guilty, then law enforcement agencies will stop “promoting” the case.

As practice shows, authorities very often revoke the rights of drivers who hit a pedestrian. Several years ago there was an incident when a driver was driving his car through one yard. And suddenly he ran over the child. The minor suffered a concussion and several bruises. As a result, the traffic police officers, when they arrived at the scene of the accident, issued the motorist only a fine of 1,000 rubles, citing Part 1 of Article 12.28 of the Code of the Russian Federation on Administrative Offenses. The police immediately interviewed eyewitnesses, drew up a document, inspected the area of the incident, and created a diagram of the accident. The examination showed that minor harm was caused to the teenager, and therefore the case was immediately sent to court.

It is worth immediately noting that in court the driver immediately admitted his guilt and did not refute the conclusion of the traffic police officers. However, during the proceedings, the motorist asked not to take away his driver’s license, since the car was needed to help relatives. Nevertheless, the victim’s parents insisted on depriving him of his driver’s license. As it turned out, the teenager needs constant medical supervision. According to a relative of the minor, in one of the conversations the driver made threats against them. This became the reason to contact a lawyer.

After all the data was studied, including the incident diagram, photos/videos, and expert opinions, the judge found that the bruises were caused by the driver. In this regard, the citizen was deprived of his rights for 1 year. You can view the details of the case in No. 5-13/2019.

The motorist was not satisfied with this outcome of the case, and he filed an application to a higher authority. In his statement, he indicated that the judge had incorrectly established the details of the accident. At the same time, the authority did not analyze other documents, but was only content with the protocol and facts from the traffic police officers. The judge left everything as it is. The Appellate Body placed full confidence in the oral statements and reports of the police who were directly involved in the accident. This is clearly stated in case No. 12-59/2019.

But the story did not end there as the motorist decided to seek help from the Supreme Court to get his license back. But even there the judge sided with the victim. In the end, everything is legal and reasonable. The driver failed to achieve his goals and regain his license. You can view the court's decision in case No. 46-AD19-21.

Is it possible to go without punishment for hitting a pedestrian?

Road service employees will not initiate a case if the driver’s guilt is not proven in a collision with a person. Therefore, the court will support this decision. For example, several years ago there was a case when a driver was driving along a street where there were many parked cars. And at some point, one of the pedestrians tried to cross the road in the wrong place. The motorist tried to stop, but still hit the pedestrian. The person suffered moderate harm.

Police officers recorded all the details of the incident and the materials were sent to the expert. The specialist was unable to determine whether the motorist could have stopped in front of the oncoming pedestrian. Although the inspection workers, based on the protocol, documents and diagram, established that the driver was not at fault. This became the basis not to bring a case against her.

But the pedestrian rejected the decision of law enforcement officers and filed a complaint with a higher authority. The pedestrian was sure that the driver could have stopped in advance. The court rejected the complaint because the driver's view was obstructed by other cars. At the same time, there were a sufficient number of cars on the side of the road. Moreover, the citizen crossed the road in the wrong zone, not along a zebra crossing. You can view the case here - No. 12-1297/2020.

The victim turned to a higher authority for help and wrote in her claim that the expert’s conclusion did not agree with the realities of the accident. But the court left everything as it is. There was insufficient evidence of the driver's guilt. Case No. 07r-1143/2020.

The motorist is not always guilty

According to legal experts, only a real expert can determine the driver’s guilt when a pedestrian was hit outside a zebra crossing. If for some reason the driver did not take the chance to brake in front of the pedestrian, then the guilt will be proven in court. If the motorist did not stop in front of the person according to technical requirements. reasons, he is found not guilty. Although a pedestrian can always demand compensation for damage to health.

According to experienced experts, each specific case must be considered individually.
The driver’s guilt largely depends on the conclusion and examination, as well as on the words of the traffic police inspector. all articles

Going to court

The victim can file a claim in court in different courts:

At the driver’s place of residence;
At your address;
At the location of the accident.

The claim, like the claim, is drawn up in strict accordance with the rules. The application must contain the following information:

Name of the court.
Information about the parties to the proceedings.
The title of the document is “Claim for compensation for damage due to an accident.”
Description of the emergency situation - place, time, perpetrators and victims.
Information about the availability of the traffic police protocol.
Real information on the basis of which the cost of the claim is calculated.
Confirmation of the plaintiff’s claims, with references to laws.
An official request for payment of compensation.
List of attached documents.
Date of filing the claim and signature of the applicant.

Attached documents

Special documents must also be attached to the claim:

A copy of the claim for all those responsible for the unpleasant situation. Among them there should be an option for trial;
Power of attorney, if a representative is involved in the matter;
Receipt for payment of state duty;
Papers with calculations confirming the calculation of the amount of the claim;
Official resolution of the traffic police;
Other documents that are relevant to the proceedings.

To start a trial, you need to pay a state fee. At the moment it is 200 rubles.

The statute of limitations for recovering damages from an accident is three years!

Pre-trial settlement of the issue

If you want to receive the required funds without litigation, you will need to file a special pre-trial claim. This document is drawn up in accordance with certain rules. The following information must be entered:

Information about the recipient of this claim, contacts and address;
Sender information along with contacts;
The main part describes in detail the circumstances of the accident. Data about the location of the accident, the date and number of the car are written;
The rules that the driver violated;
Information about the results of the examination;
Information about the circumstances of the victim’s appeal to the insurer;
Preferred procedure for calculating and transferring the compensation amount;
Bank details where you need to transfer money;
Date of compilation and signature of the person sending the claim.

Simply stating the amount of compensation is not enough! It is important to describe what expenses it consists of and how it was determined.

As a rule, these are expenses incurred for treatment and subsequent recovery. Loss in salary due to forced absence from work. This is necessary so that the driver understands that the amount is not taken from the ceiling and is justified.

Required documents

A well-written claim must be accompanied by certain documents:

Procedural papers that confirm the fact of the accident.
Protocols that were drawn up by traffic police officers.
Acts on the occurrence of an insured event.
Car registration certificate.
A copy of your driver's license.
The results of the examination, on the basis of which the amount of damage can be confirmed.
Payment documents that confirm expenses.

The bulk of documents are provided in the form of copies. If possible, documents should be certified by a notary.

Compensation for losses

The resulting harm can be divided into:

Damage to property - the cost of the victim’s clothing and other property that was destroyed as a result of the accident (mobile phone, watch, tablet, etc.)
Damage caused to health - expenses for treatment, stay in a sanatorium, loss of ability to work, recovery of lost profits, etc.
Moral damages are compensation for suffering from pain.

The maximum payment amount from the insurance company is 50,000 rubles.

If the driver who hit you has MTPL insurance, then the insurance company must pay compensation. We are talking about payment for damage caused to health. The amount will depend on the severity of the injuries received and the recovery time. You also have the right to demand compensation for moral and material damage. But it will no longer be the insurance company that will pay the compensation, but the culprit of the accident. First you need to solve the problem peacefully. To do this, you need to try to negotiate with the driver so that he voluntarily compensates for the losses. If you can’t reach an agreement, then you need to go to court.

What to do if you hit a pedestrian

When assigning liability, how correctly the driver behaved immediately after the accident will also play a role. It is very important, despite the stress of this situation, to pull yourself together and not take rash actions. Necessary:

remain at the scene of the incident;
do not change the position of the car (this may result in additional administrative liability, as it is a violation of the Traffic Rules);
turn on the hazard warning lights, put up a sign;
call an ambulance and the police;
ask eyewitnesses to the accident to stay until the police arrive;
take a photograph or video (using a DVR, mobile phone, camera) of the scene of the incident (position of the body in relation to the car, scattering of fragments of headlights, etc.);
sign an accident report;
Contact an experienced lawyer immediately.

Now attention

An important clarification is how to respond to panicky behavior of a pedestrian on the road. For example, if you sharply turn away from a pedestrian, but fly into oncoming traffic and there kill the driver and passengers of the oncoming car or other pedestrians, then the court will regard this as a more serious accident.

You have to choose between two evils: it is better to “catch” one pedestrian on the hood and windshield than two, three or even five people from the oncoming lane. From the point of view of traffic regulations, inspectors and the court, which will certainly happen if a pedestrian is injured or dies, emergency braking is the only correct and legal decision of the driver.

IMPORTANT! No amount of sound signals, high beams or selective swearing will save the driver from prison. The first thing to do if a pedestrian runs onto the road is to apply emergency braking. But after the brake pedal is depressed and the car starts to slow down, you can “beep” the signal and switch the light to the “high-range” mode. Once again - first braking, then everything else. This is a fundamentally important point, which needs to be put into practice and told to inspectors in exactly this order.

Abandoned the scene of an accident - automatically guilty?

Not at all! Hiding from the scene of an accident is a serious violation of traffic rules. But this does not mean that such a participant automatically becomes the culprit of the accident.

The fact is that a violation that led to an accident and leaving the scene of an accident are different traffic violations; they face different penalties in 2021, but it is the guilt of violating the Rules that led to an accident that is the reason for insurance compensation under compulsory motor liability insurance. And for hiding from the scene of an accident, a person will suffer a separate punishment.

Reconciliation of participants

According to modern legislation, participants in an accident can reconcile. This decision is made by the court. It directly depends on the behavior of the applicant and the victim.

Modern administrative proceedings do not provide for a complete cessation of the procedure. But if there is voluntary compensation for the harm caused, the perpetrator may be subject to a minor punishment.

If the victim died, and even if the perpetrator reconciled with his relatives, he cannot avoid a guilty verdict!

Arbitrage practice

A collision not at a pedestrian crossing

A man hit a pedestrian on the highway in the dark . The weather conditions were bad - rain, fog, along the edges of the road there were trucks that stopped for the night.

Repair work was going on on the road. Moving behind the truck, the woman driver chose the correct speed.

The truck changed lanes several times, and the woman changed lanes after it. Then the truck turned sharply to the left, and the woman saw a pedestrian walking along the edge of the road 10 meters from the car. The woman slammed on the brakes, the car skidded several times and almost pulled out onto a truck standing on the side of the road.

Having applied emergency braking, the driver was unable to cope with the situation and caused a collision with a pedestrian. He suffered moderate injuries. Having studied all the circumstances of the case, the prosecutor's office refused to initiate a case .

The victim filed a lawsuit and offered to pay the woman driver 300,000 rubles instead of the 500,000 rubles declared to the court. The driver refused. The victim was refused to initiate a case, and the court did not satisfy the claim for moral damage.

A collision at a pedestrian crossing

The driver was moving at low speed along a city street. Having crossed more than half of the pedestrian crossing, he felt a blow to the rear of the car. Getting out of the car, the driver saw a man sitting on the road and holding his chest. Without waiting for an ambulance, the men went to the hospital. The victim was diagnosed with a displaced fracture of the tibia.

After exchanging contacts and giving money for treatment, the driver went about his business . The men agreed to pay for treatment and moral damages in a certain amount and date. Having collected the necessary funds, the driver wanted to take it to the victim, but he received a call on his phone from a relative of the hit man.

The relative said that the application had already been submitted, and they would receive all the money through the court. The driver was found guilty not only of the accident , but also of leaving the scene of the accident .

All actions entailed payment of a fine, deprivation of a driver’s license for 3 years, moral damages , which amounted to 2 times less than the amount requested by the plaintiff (less than the funds promised by the driver to be paid to the victim).

Hitting a pedestrian is a serious violation . The driver is driving a highly dangerous vehicle, so in the vast majority of cases he remains the culprit of a traffic accident .

Punishment for a collision can be up to actual imprisonment, so you need to be collected and attentive while driving , fully concentrate on the process and road users.

Additionally, on our website we told you about other traffic violations that can also have serious consequences for motorists and pedestrians. For example, these:

Crossing and driving along tram tracks.
Moving railway tracks.
Passage under the “Brick” sign.
Unfastened seat belt.

Also read about illegal parking (including on the sidewalk and on the lawn) and what the fine is for tinting windows.

Is it possible to receive payment under OSAGO?

Yes. But only in 3 cases:

the owner of the driven away car has a valid MTPL policy,
the car of the person who fled the scene of the accident was identified by license plate number, and it is indicated in the ruling or resolution, copies of which must be given to you in order to receive compensation under compulsory motor liability insurance,
if compensation is claimed by the injured person or relatives of the deceased.

In the first case, all you need to do is identify the car of the person at fault for the accident, since compulsory motor liability insurance is the civil liability of the car owner.

But in the second case, you will receive compensation from the Russian Union of Auto Insurers as a compensation payment. But only a person who has suffered health damage in an accident has the right to compensation. For example, a pedestrian who was hit. If you are a driver, you can expect compensation only for damage to your health, but not for damage to your car.

This is precisely what is indicated by numerous judicial practices in 2021 led by the Supreme Court, which in one of its Plenum Resolutions stated literally the following:

45. Under a compulsory insurance contract, the insured is the risk of civil liability when operating a specific vehicle, therefore, if an insured event occurs either as a result of the actions of the policyholder or as a result of the actions of another person using the vehicle, the insurer is not exempt from paying insurance compensation .

What documents about an accident does the traffic police inspector draw up?

The traffic police inspector draws up:

Incident scene inspection protocol - if people were injured. A diagram of the place where the administrative offense was committed is attached to the protocol.
Explanations of all participants and witnesses of the accident about the circumstances of the incident.
Information about an accident (certificate of an accident), which is issued to all participants in an accident.
Protocol on an administrative offense if the driver disputes the offense.
A resolution in a case of an administrative offense, if the circumstances of the case are established on the spot, without an administrative investigation.

It is important to ensure that all documents are completed correctly. Sometimes the police conduct an administrative investigation to establish the circumstances of the accident. The documents will determine who is found to be at fault for the accident.

The diagram of the traffic accident must correspond to reality. If you believe that it was drawn up incorrectly, indicate this in the diagram itself - it will be given to the participants in the accident for signature.
If you believe that someone involved in an accident is under the influence of alcohol or drugs, report this to a police officer and request an intoxication examination.

If people were injured in an accident, then the participants in the accident are subject to mandatory examination for intoxication.

Your explanations must be indicated by yourself or accurately recorded in your own words;
Information about an accident must correctly record the data of all participants in the accident, as well as damage to vehicles.

If there is no violation in the actions of the drivers, the inspector issues a decision to refuse to initiate proceedings for an administrative offense. Otherwise, the driver is brought to administrative or criminal liability (in case of death or serious harm to health).

Information about the accident and a resolution in the case of an administrative offense (or a determination of refusal) must be provided to the insurance company for compensation for damage.