Punishment for hitting a pedestrian, what should the driver do?

Any driver, in addition to knowing the rules of the road, must have information about the punishment that will follow if they are violated. It is important to know in what cases he must give way to a pedestrian (read the traffic police explanation at the link), and what the fine is for a pedestrian at a crossing. Current issues that will be discussed in the article are collisions with pedestrians, liability and its types. And what will happen if a driver hits a cyclist on the roadway? Serious liability is provided for this.

Additionally, topics are covered: leaving the scene of an accident, violation of traffic rules by a pedestrian, evidence of the driver’s innocence, the driver’s procedure in the event of an accident and the provision of medical care, claiming compensation for moral damage and excluding punishment. In addition, answers to readers' questions are provided, reflecting specific cases of collisions with pedestrians and life-saving options for the driver to get out of a difficult situation.

What is considered a collision with a pedestrian?

First you need to define the concept of a pedestrian.

According to clause 1.2 of the Traffic Regulations, a pedestrian is considered a person who is not in a vehicle on a road, path (for pedestrians or cyclists) and does not perform any work in these areas.

It is believed that a collision with a pedestrian is an accident in which a vehicle collides with a pedestrian or the latter itself collides with a vehicle while moving.

Attention! Under any circumstances, the driver is obliged to make sure that there are no people on the road and only then set the vehicle in motion.

Transport, according to Article No. 1079 of the Civil Code, is a source of increased danger, therefore the driver is by default the guilty party in an accident if he hits a person outside a pedestrian crossing (see the link for liability) and at a pedestrian crossing.

Hitting is usually expressed:

1. Head-on collision.
2. A side touch, for example, when the driver did not notice the pedestrian and hit him with the mirror.
3. Collision with one or more wheels.
4. Touching the load being transported by the driver.
5. A jolt when driving in reverse.

A collision is out of the question if the vehicle is stationary. It also does not include cases of intentional collision with a moving car, staged to claim damage in court. However, the driver will need to prove this fact.

We talked in detail about how much rights are deprived in this article.

What to do if you hit a person

The driver's procedure for colliding with a pedestrian is as follows:

• stop the car and turn on the emergency lights;
• protect the victim, protect him from other vehicles;
• put up a warning triangle;
• call an ambulance and traffic police patrol;
• turn off the DVR recording (if available) so that a recording of the moment of the accident is preserved;
• provide first aid to the victim (if the driver does not have such skills, then it is better to wait for the doctors to arrive so as not to cause even more harm);
• wait for the arrival of the specified services and be present when the accident report is completed.

Important : the injured citizen must not be released; he may be in an inadequate state due to shock. Another option: a pedestrian who fled the scene of an accident after some time can file a statement with the police that the vehicle that hit him left the scene of the accident.

Types of penalties for hitting a pedestrian

For a pedestrian hit by a driver, the culprit faces three types of liability:

• civil law. Implies compensation for damage caused during a collision:
  Material. Compensation for funds spent by victims on treatment, lost profits, etc.
• Moral. Compensation in monetary equivalent for the psychological suffering and pain experienced by the pedestrian as a result of the incident;

In case of an accident on a zebra crossing, the damage is not necessarily compensated only by the driver; the pedestrian must also, in accordance with civil law (Article 1062 of the Civil Code), compensate for the damage caused to both the person driving and his vehicle.

• administrative. Occurs if the driver violates traffic rules and causes harm to the health of a pedestrian: mild or moderate. The Code of Administrative Offenses provides for a collision with a pedestrian or a fine or deprivation of rights. Facts of drunk driving, exceeding the speed limit, and unjustified departure from the scene of an accident lead to aggravation of punishment;
• criminal For a collision with a pedestrian, criminal liability arises if the victim’s health is seriously harmed or there are casualties.

To prevent unfounded accusations in controversial road accidents, drivers are recommended to install a video recorder.

Civil responsibility

Conditions under which civil liability arises:

1. The driver violated traffic rules when hitting a pedestrian, but without causing harm to the latter.
2. The rules were not violated by the driver, but the pedestrian's health was slightly damaged.

In the first case, the driver is obliged to compensate the pedestrian for the loss and moral damage incurred in connection with the accident.

In the second, compensation for treatment costs and moral damages.

If the victim's property is damaged, he has the right to demand compensation for its value.

The specified compensation is paid after going to court.

The existence of administrative or criminal proceedings does not prevent the filing of a civil claim.

Compensation for harm can be avoided if it can be proven that the cause of the accident was the intentional actions of the injured party or force majeure (Article 1079 of the Civil Code).

In the case of insured civil liability of the at-fault driver, the damage caused is compensated by the insurance company, but payments are limited (Article 7 of Federal Law No. 40):

1. 500 thousand rubles. - compensation for damage to health (life).
2. 400 thousand rubles. - compensation for property damage.

The term and amount of compensation are determined based on the provisions of Articles 1085–1090 of the Civil Code of the Russian Federation (general damage) and Art. 1094 Civil Code (if the pedestrian died).

Administrative responsibility

Responsibility for causing moderate or slight harm to the health of the victim occurs under Art. 12.24 Code of Administrative Offences.

The driver’s actions are qualified under this article under two circumstances:

1. Traffic rules were violated.
2. The rules for using the vehicle have been violated.

The driver is fined or deprived of his license, but the sanction depends on the following factors:

1. Severity of the violation.
2. The nature of the actions taken by the driver after the accident.
3. Pedestrian culpability.
4. Was there a real opportunity to avoid a collision?
5. The presence of factors mitigating or aggravating guilt.

Criminal liability

Criminal penalties are imposed on drivers whose careless actions lead to serious harm or death to a pedestrian.

The actions of the culprit are qualified under Art. 264 of the Criminal Code of the Russian Federation and entail the initiation of a case based on the fact, despite the opinion of the injured party. The pedestrian only has the right to refuse a civil claim if an agreement is reached with the driver on compensation for his harm.

In a civil claim, the victim has the right to:

1. Compensate for the purchase of drugs and treatment.
2. Compensate for lost income while you are in the hospital for treatment and after the illness occurs.
3. Compensate for damage in the event of the loss of a breadwinner (regular payments are accrued).
4. Reimburse funeral expenses.
5. Demand compensation for moral damages in case of an accident.

Cases of intentional collision with a pedestrian are qualified under Art. 30, 105 of the Criminal Code of the Russian Federation as attempted murder.

Leaving the scene of an accident

On April 24, 2021, amendments to the Criminal Code of the Russian Federation regarding the punishment of drivers who fled the scene of a road accident came into force.

The criminal liability of drivers who caused grievous bodily harm to citizens during an accident has been equalized - now, under Article 264 of the Criminal Code of the Russian Federation, they will be held liable on an equal basis with drunk drivers (Federal Law No. 65).

Plus, for deliberately leaving a victim in danger at the scene of an accident, the driver will also be prosecuted under Art. 125 of the Criminal Code of the Russian Federation. The minimum penalty under this article is a fine of 80 thousand rubles, the maximum is a prison term of 1 year. In case of grave consequences, punishment cannot be avoided, since the larger sanction absorbs the smaller one.

Intentional abandonment without assistance occurs when the driver realizes that he is putting the life and health of a helpless victim in danger, but hides from the scene of the accident, does not call him an ambulance, or does not deliver him to a medical facility for assistance (PP RF Armed Forces No. 255). Example - a driver hit a pedestrian and immediately disappeared.

There is also an administrative penalty for drivers of vehicles leaving places where they were involved in an accident - the perpetrators are charged under Part 2 of Article 12.27 of the Code of Administrative Offenses.

If there are no signs of criminal actions, under this article the right to drive a vehicle may be deprived for a period of 1–1.5 years. The second punishment option, for more persistent violators, provides for fifteen days of arrest.

If you miss the three-month period established by Art. 4.5 of the Administrative Code, it is no longer possible to bring the culprit to justice. The period begins to be calculated from the date the violation was recorded.

The punishment is established by the decision of the magistrate, who reviews the protocol drawn up by the traffic police representative. Arrest is imposed only on violators who did not have the right to drive a vehicle or who had previously committed one of the crimes specified in Chapter. 12 Code of Administrative Offences.

An arrest is not made only in relation to certain categories of persons driving transport (Part 2 of Article 3.9):

1. Pregnant women.
2. Women with children under 14 years of age.
3. Persons under 18 years of age.
4. Citizens with disabilities (1-2 gr.).
5. Military and other employees.

Deadlines for filing for reimbursement

After an accident at a pedestrian crossing, police and doctors are called; if desired, employees of the insurance company can be called. This simplifies subsequent contact with the organization to collect cash payments. According to the law, the victim has the right to count on full compensation for damage caused to him (clause 1 of Article 1064 of the Civil Code of the Russian Federation).

After collecting the necessary papers (a copy of the protocol, receipts for payment for services rendered, receipts for the purchase of medicines, a document on the amount of salary/scholarship/pension and others), the victim must contact the insurance company whose services the car owner uses. It is necessary to write an application for receiving insurance payment under compulsory motor liability insurance as soon as possible. It is considered within 20 days (part 21 of article 12 of Federal Law N40 of April 25, 2002) or a reasoned refusal is issued.

If the amount of compensation is above 500 thousand rubles, the rest is paid by the culprit of the accident. To do this, the victim demands compensation by going to court. According to Art. 196 of the Civil Code of the Russian Federation, the limitation period does not exceed 3 years from the date of the incident.

If you are hit by a car at a pedestrian crossing, and the culprit does not have a MTPL insurance policy, the damage will be compensated at the driver’s own expense.

The accident was caused by a pedestrian who was drunk

If the accident occurred due to the fault of a pedestrian or other traffic participants, administrative liability arises under Article 12.30 of the Code of Administrative Offenses, but only in case of careless actions.

The sanction only provides for a fine of 1 to 1.5 thousand rubles.

In case of serious injuries, and if you hit a person to death (which threatens, read the link), liability arises under criminal article No. 268.

The prerequisite for qualification is similar - causing harm through negligence.

The drunken state of a pedestrian is recognized as an aggravating circumstance.

But if the driver is guilty, whether the pedestrian was intoxicated or not makes no difference to him: he will be held accountable according to the law.

Criminal penalties will not follow or will be reduced if the driver proves the intent of the pedestrian.

As for civil and administrative liability, it can be avoided if there is evidence:

1. Selfish motive and intent of the pedestrian.
2. Lack of technical ability to prevent a collision with a pedestrian.
3. No violations of traffic rules by the person driving the transport.
4. Compliance with the speed limit established by the rules.

Leaving the accident scene

Leaving the scene of an incident means leaving or removing one of the parties to a long distance. If the participant did not wait for the arrival of authorized persons, deliberately leaving the location of the collision, he faces administrative or criminal punishment.

Moving a vehicle to the side of the road to make way for other vehicles is not considered leaving (Traffic Regulations clause 2.6).

Otherwise, leaving is considered as fleeing the scene of a crime and provides for serious punishment for the person who committed this action.

Actions of a driver in an accident with a pedestrian

Even if he hits a person, the driver must remain coordinated and strictly follow the instructions prescribed in the traffic rules:

1. Transport must be stopped immediately. Having turned on the lights in emergency mode, you need to place a sign indicating an accident.
2. All measures are being taken to protect the victim from cars moving on the road.
3. An ambulance is immediately called if there are victims and the traffic police. If possible, passing vehicles are stopped to immediately transport the victim to the hospital if his life is in danger. You should remain at the scene until law enforcement arrives. Even if the victim did not want to wait for anyone, the driver should not leave: this fact can be used against him.
4. Record the scene of the accident using photographs and videos. Different angles are used to link objects to the terrain.
5. A car can be removed from the scene of an incident if it creates obstacles to the movement of other vehicles, only after fixing all essential elements at the scene of the incident.
6. If possible, information about eyewitnesses to the accident is recorded.
7. If you have insurance, the insurance company is notified of the fact of the incident. A company representative comes to the site and assists in drawing up documents. If the pedestrian’s health is damaged, the damage will be compensated first by the insurance company.
8. The driver takes part in the process of drawing up a protocol, gets acquainted with the road accident diagram and receives a certificate of the accident. If available, law enforcement officers are provided with a recording made by the registrar. If the protocol reflects incorrect data, this fact is recorded in a separate column.
9. As soon as the documentation is drawn up, the driver is informed when he must arrive at the traffic police to record written testimony. If necessary, a lawyer is hired.

The explanatory note reflects the essential points of the event:

1. When the incident happened.
2. The collision pattern is reflected (the speed, direction of movement and subsequent movements of objects after the collision are recorded).
3. What condition was the track in?
4. What signs were located nearby, what markings were there, and what the traffic light was at the time of the collision.
5. Other circumstances influencing the assessment of the case.

First aid

Failure to provide assistance provides for criminal liability - Art. 125 of the Criminal Code.

The sequence of providing assistance to the injured person in the event of an accident:

1. Stop exposure to the damaging factor.
2. Take measures to maintain vital body functions.
3. The victim is handed over to an ambulance or taken to the hospital.

The victim's level of consciousness is checked by asking him a simple question. They ask where the victim feels pain and try to calm him down. The severity of the damage, including life-threatening damage, is assessed. If bleeding occurs, measures are taken to stop it.

As soon as help is provided, you need to wait for the ambulance. While waiting, you should try to talk to the victim who is in a state of shock, cheer him up and distract him from his injuries.

When providing assistance, the traumatic factor should be eliminated, the damaged area should be immobilized, the victim should be kept at rest, and the pulse and breathing should be monitored. If painkillers are available, give them to the victim.

Lack of consciousness is one of the signs of serious injury. Pulse, heartbeat, breathing are checked. To prevent the death of a person, it is necessary to perform resuscitation measures: chest compressions, artificial respiration. Activities are excluded if there are clear signs of death.

Transporting the victim to the emergency department

The main requirement when transporting victims to the hospital is to create optimal conditions and peace. When transporting a person, you need to take into account the severity of his injuries.

If a person is not seriously injured, it is allowed to send him to the hospital with the help of passing cars.

It is unacceptable to use cargo transport: it has excessive shock absorption, which creates shaking - this can aggravate the injury and lead to a worsening of the condition.

The nature of transportation is determined by injuries:

1. With TBI - only in an ambulance and lying down. A soft cushion (made of clothes, blanket, etc.) folded into a “donut” is placed under the head. Independent movement is excluded.
2. If the chest is damaged, the person must take a semi-sitting position in the car.
3. Collarbone damaged - sitting.
4. Closed injury to the soft tissues of the abdomen - the person is placed on his back and cold is applied to the abdomen.
5. The jaw or face is injured - lying down, head turned to the side.
6. The spine in the lumbar region is injured - the person is carefully laid on a hard surface on his stomach.
7. Closed TBI - on the back, head to the side, otherwise the tongue may stick and the person will suffocate. Prevent possible vomit from entering the respiratory system.
8. The pelvis is injured - the patient must take a frog pose.
9. Shock or fainting - lying down, with legs slightly raised.

Is it possible to negotiate on the spot without the traffic police?

The law does not place road users in strict limits - they are free to independently decide on the issue of compensation for damage on the spot.

The traffic rules allow for the possibility of not informing the police about the accident and leaving the scene of the collision, but only if a European protocol is drawn up.

You don’t have to call the traffic police and come to an agreement among yourself, but only if there are no casualties. When a person’s health is damaged or he dies, you cannot do without law enforcement officers.

After an accident, you must strictly follow the above instructions: mark the location of the accident, help the injured party, call an ambulance and the police, ensure that the victim receives medical care and/or is transported to the hospital.

Even when a citizen claims that there are no serious injuries and has no complaints, it is better to call traffic police officers to the scene of the accident.

You cannot leave the scene of a collision or other incident on the road until the police arrive, otherwise you will be subject to administrative liability.

In accordance with paragraph 20 of the Resolution of the Plenum of the Supreme Court No. 9, the driver does not leave the scene of an accident even in the absence of a collision, damage to the car or harm. It is enough that he became a participant and witness to the accident.

When to call a lawyer

As soon as an accident involving a pedestrian occurs, you should immediately call a lawyer.

Advantages of hiring a lawyer:

1. Does not allow you to make serious mistakes in the first stages.
2. From the very beginning, a specialist will correctly assess the situation and develop an optimal defense strategy.
3. He will ensure that the traffic police representatives accurately record all important points, do not make mistakes, and if they make any, fill out the documents again.
4. He will competently negotiate with the injured party and help reach an agreement.
5. Resolve any legal issues that arise subsequently.
6. Monitors the investigator's compliance with the defendant's procedural rights.

If there is no further need for legal support from a lawyer, it can be refused at any stage.

Trial

Filing a claim in court is an integral part of the investigation of a collision at a pedestrian crossing, when the culprit refuses to compensate for the damage, fled the scene of the accident, or controversial issues arise. Before the start of the proceedings, the culprit is sent a pre-trial claim by mail. If he has not responded to the message, a statement of claim is drawn up, in which the amount for moral damages is not fixed (it is determined during the legal battle).

During the trial, the parties talk about the situation that occurred, then the plaintiff presents his demands. The culprit of the accident has the opportunity to refute the claims, citing personal arguments as examples.

After hearing the defendant and plaintiff, the judge determines the amount of compensation and establishes the amount of moral damage, based on judicial practice.

It is necessary to apply to the judicial authority with a statement of claim at your place of residence.

How to avoid punishment under the Criminal Code of the Russian Federation

Article 76 of the Criminal Code provides for the possibility of the culprit not to answer for the crime he has committed if its severity is small or medium.

However, this is only possible under two mandatory conditions:

1. Reconciliation.
2. Making amends with full compensation for the harm caused.

Crimes of medium gravity include intentional ones - with a maximum penalty of up to 5 years in prison - and careless ones - with a maximum penalty of up to 3 years (Part 3 of Article 15 of the Criminal Code).

In Article 264 of the Criminal Code, only the first part falls under this category - grievous harm was caused, but the driver was sober and did not run away.

Whether the guilty driver will be punished depends, first of all, on the qualifications of his actions and the desires of the injured pedestrian to meet them halfway.

What numbers should I call the traffic police?

If you are hit by a car at a pedestrian crossing, to call the patrol service in Russia there are free uniform numbers that can be dialed from any mobile phone:

• 102 – call the police directly;
• 112 – call the police through the Ministry of Emergency Situations.

As well as separate numbers for some mobile operators:

• 002 – Beeline,
• 020 – Megafon, MTS, Tele2,
• 902 – Skylink.

It is advisable to save one of the numbers on the gadget as a quick call. This will significantly save time and will not let you down in a stressful situation.

How much compensation may be required?

A driver guilty of hitting a pedestrian may be required to:

1. Compensation for property damage (price of things, clothing and other valuables damaged in a collision).
2. Compensation for damage caused to health.
3. Compensation for damage caused by the death of a pedestrian (to relatives).
4. Compensation for moral damage caused to a person due to his suffering and worries about the accident and injuries received.
5. Compensation consists of three components: material, moral and ethical.

The last two categories are determined by the victim at his discretion. The court either satisfies the claims or lowers them if the amount is excessively high.

The culprit has the opportunity to reach an agreement with the injured pedestrian from the very beginning, compensating him for the damage. In this case, the victim has the right to ask for any amount. In response, the victim draws up a statement stating that there are no claims, thus precluding further proceedings.

Damage caused by insured vehicle owners is reimbursed by their insurance companies.

Aggravating circumstances

In addition to the fact that a hit-and-run is a very serious offense in itself, some of our actions can aggravate the guilt, and therefore the punishment.

The driver left the scene

After a collision between a pedestrian and a car, the driver must turn off the car’s engine and wait for the traffic inspector to arrive. The car must stand still, even if it quite interferes with the movement of other vehicles.

Sometimes a pedestrian may refuse to call the police because he was not seriously injured. If this is the case, the driver must take a receipt from the victim stating that there are no claims. In this document, it is very important to indicate all the details of the victim and an accurate description of the place and time of the incident. If such a receipt is not drawn up, the driver may find himself in a situation where the victim writes a statement to the police with financial demands, which will greatly increase due to leaving the scene of the collision and not contacting the police. Quite often this situation occurs for the purpose of blackmail, and the motorist is obliged to take care of his own insurance.

The driver was drunk or using drugs

These circumstances most often become the reason why a driver hits a person at any type of pedestrian crossing, and require the most severe punishment - recovery of moral and material damage and mandatory deprivation of a driver's license.

Scope and legality of the claim for compensation for moral damage

The most difficult thing for a pedestrian to claim is compensation for moral damage.

Moral damage is directly related to physical and moral suffering caused by the incident.

If the victim suffered property damage and/or damage to his health, this is sufficient for the court to recognize the existence of moral damage.

The amount of compensation directly depends on the nature of the harm caused, the severity of the consequences of the accident for the victim, and the fault of the driver who caused the damage.

Moral damages can be recovered regardless of whether the pedestrian is at fault, since it is the driver who is driving the source of increased danger.

In administrative cases, victims can claim moral damages: for minor damage within 50 thousand rubles, with an average of up to 100 thousand rubles.

In criminal cases, the injured party has the right to claim an amount of up to 500 thousand rubles (if serious harm is caused) and up to 1 million rubles (if a pedestrian is deprived of life).

Normative base

A collision with a pedestrian at a marked crossing is subject to legal review. The culprit involved in a road traffic accident is subject to liability, the severity of which depends on the nature of the situation, the state of health of the victim, and the nuances of the accident.

The regulatory framework identifies three forms of liability:

1. Civil – occurs in case of minor bodily injuries, when the driver undertakes to pay for treatment to the other party, as well as to bear the cost of medicine and lost profits.
2. Administrative – associated with a pedestrian receiving moderate or severe injuries, loss of ability to work for a short time for up to 10 days.
3. Criminal - used when serious injury or death occurs to a person on foot.

Sanctions come into force after traffic police officers have clarified all the details and found the violator guilty.

Pedestrian rights

The victim can file a lawsuit against the driver who hit him. This can be done to recognize moral damage and material damage .

Moral damage refers to emotional suffering and the general condition of the person who finds himself in such a situation. Material damage – money spent on treatment, lost profits, lost wages , etc.

The claim is filed for any severity of the collision at the request of the victim. The court independently decides whether to satisfy the claim. He may order the defendant to pay half, 1/3 or 1/100 of the named amount.

When responsibility comes

A collision with a person at a pedestrian crossing is an accident in which the collision occurs in an area specifically designed for people to cross the roadway. Such a zone is indicated by signs 5.19.1, 5.19.2 or markings 1.14.1, 1.14.2.

The transition can be unregulated or regulated. In the latter case, a traffic light is installed on the site. If the device does not work or flashes yellow, then the pedestrian zebra crossing is also considered unregulated.

According to clause 14 of the traffic rules, a motorist is obliged to let a pedestrian pass if he:

• blind and signals with a white cane;
• crosses a section of the road at an unregulated crossing or steps on it for the same purpose;
• moves to a green traffic light in a regulated zone - the driver should start from a place only when the person has completed the transition.

If one car stops in front of an unregulated crossing, then the owners of cars moving in the same direction must do the same. The rule also applies if the vehicle (vehicle) has slowed down to let people pass.

From the above instructions it clearly follows that the person crossing the crossing has priority over the motorist. If he allows a collision with a pedestrian, then the law will be on the side of the latter. This categorical approach is due to the fact that it is the driver who is responsible for compliance with safety standards when driving a vehicle. The pedestrian is in a more unprotected position. Therefore, any car owner, for his part, is obliged to strictly follow traffic rules and calculate the situation at the pedestrian crossing in order to prevent an accident.

Liability options for a collision with a pedestrian:

• civil law;
• administrative;
• criminal

Civil liability for causing an accident on a pedestrian zebra crossing does not provide for specific sanctions. Here we are talking about material compensation for damage caused to a person during a collision. Under the Civil Code of the Russian Federation, the victim can file a claim with the judicial authorities in order to receive monetary compensation.

Criminal or administrative liability is imposed taking into account the outcome of the accident. The punishment for a collision at a crossing under the Code of Administrative Offenses and the Criminal Code of the Russian Federation will also be different.

Administrative responsibility

Such liability arises if, as a result of a collision at a crossing, a pedestrian receives mild or moderate injuries.

The severity of damage is interpreted as follows:

• mild – short-term health disorder and minor loss of ability to work (no more than 21 days on sick leave);
• medium – non-life-threatening, but long-term disorder of body functions (more than 3 weeks) plus persistent loss of the ability to work.

In this case, abrasions, bruises, cuts, and superficial wounds are not regarded as injuries that cause harm to human health. In this case, no disorder of body functions is observed. The ability to work is also not lost.

Criminal liability

Responsibility under the Criminal Code of the Russian Federation for a collision with a pedestrian zebra crossing occurs if the pedestrian received severe injuries that pose a threat to life. Such injuries require lengthy and often expensive treatment. Plus, the victim loses his regular income. And one of the most serious consequences is disability, the complete loss of the ability to work and care for oneself.

Serious injuries include:

• loss of a limb;
• loss of hearing, vision, speech;
• loss of an organ or loss of its functions;
• facial disfigurement;
• termination of pregnancy and so on.

If the result of a collision at a crossing is the death of a pedestrian, then criminal liability will definitely occur. Moreover, death can be recorded both at the scene of the accident and during treatment. The main thing here is that there is a direct connection between the collision with a pedestrian zebra crossing and the injuries from which the victim died.

When sanctions are imposed under an article of the Criminal Code, the perpetrator will receive a criminal record. And although some time after the execution of the sentence, it will be repaid, the consequences will remain with the person for life. And we are talking here not only about the moral aspect of the offense. So, for example, you can forget about employment in government agencies. You are prohibited from entering some countries if you have a criminal record. In addition, information about criminal measures assigned to a person will forever remain in the databases. If necessary, the security service of a particular organization will be able to request it.

How can the traffic police prove your guilt?

Guilt is automatically recognized if traffic police officers document and reliably document the fact of drug or alcohol intoxication, the fact of driving in an inadequate state or under the influence of psychotropic drugs, or the absence of a license to drive a vehicle.

In all other cases, based on the testimony of witnesses, video materials, the conclusion of a special group and a medical examination, a conclusion is made about the guilt or innocence of the driver. Otherwise, if the pedestrian has no complaints, the incident is considered settled.

Is it possible not to call the traffic police and negotiate on the spot?

Sometimes in a collision the pedestrian was not injured - there are no visible bruises from the impact or injuries, so he insists on leaving the scene of the accident without waiting for the traffic police officer.

If this is the case, then you should take a receipt from him stating that there are no claims against the driver after the collision, and his health condition is satisfactory.

However, the driver still needs to inform the police about the fact of the collision.

Often already at home, the person injured by the collision may feel unwell or simply change his mind about his decision and apply for compensation for moral damages. If there were no reports from the driver about the collision, when a person seeks medical help, the fact of the collision will be discovered and this will be regarded by law enforcement agencies as the driver leaving the scene of the accident in order to hide the incident, for which liability is provided.

By concluding verbal agreements with the injured person, you risk being accused of leaving the scene of an accident with all the ensuing consequences.

Analysis of situations

The legal consequences for the driver depend on the location of the incident; let’s look at typical collisions.

At a pedestrian crossing

For this offense, the driver is subject to the strictest liability; law enforcement agencies additionally charge other traffic violations:

• The driver did not give way to a pedestrian on foot.
• Overtaking was carried out in the crossing zone.
• The driving speed is exceeded.
• Crossing the oncoming lane through the corresponding continuous markings.

It will be very difficult to dispute the incident here, since the zebra crossing is a priority area for pedestrian traffic. Any explanation that a person ended up under a car by accident will be interpreted only as the fault of the driver, inattention and carelessness while driving on a critical section of the roadway.

The practice of considering such cases is extensive, and most decisions are made in favor of the pedestrian, since the driver is obliged to show attention when approaching the area of ​​an unregulated crossing, i.e. slow down or stop.

Violation of a traffic light signal by a pedestrian will help mitigate the guilt if the collision occurred in a regulated area. The driver was passing the permitting signal, but behind the dense traffic he did not notice the moving person.

In the courtyards of residential buildings

In a residential area, people have a special advantage; the speed of a vehicle should not exceed 20 km per hour, and for a collision in an area of ​​residential buildings, the offender is liable in accordance with the degree of harm to the health or life of the victim.

On pedestrian sidewalks

If such an incident happened on the sidewalk, in the exclusive zone of human traffic, then the guilt will be automatically recognized. This area is completely given over to pedestrians, and driving through it is strictly prohibited.

In the parking lot

The parking area refers to the adjacent territory, which is subject to the general rules for driving in a residential area:

• speed no higher than 20 km/h;
• Pedestrian priority.

If you accidentally hit a pedestrian while maneuvering in a parking lot, liability will depend on the severity of the person’s injuries.

Even if the victim refuses help and tries to leave, the traffic police should be informed about the incident and contact information of witnesses to the collision should be collected. By these actions you will protect yourself from charges of leaving the scene of an accident.

It should be noted that parking is one of the favorite places for scammers who deliberately throw themselves under the wheels of a backing-up car and, taking advantage of the car owner’s confusion, offer to resolve the issue on the spot.

Crossing the road in an unintended place

Here the driver may not be recognized as the culprit of the incident if it is established:

• While driving, the rules of passage were observed, although there was a collision.
• Due to insurmountable reasons, it was impossible to stop the moving transport.
• The victim himself caused a hit-and-run accident - he jumped out from behind an obstacle, was drunk or in an inappropriate state.

If it later turns out that the pedestrian injured in the collision is blackmailing the driver and forcing him to compensate for what happened (pay money), then no punishment will follow.

Traffic police officers already have developed methods for recognizing such fraud schemes.

No harm

If there is no harm to health in a collision with a pedestrian, then the pedestrian remains fearful for his life and health, which is why cases of recovery of moral damages in court are common.

Often the idea of ​​“profiting” from an incident occurs to a pedestrian already at home. Therefore, even if you see that everything is outwardly fine with the pedestrian, there is no bodily harm from the collision, take minimal precautions - exchange contact information and indicate your readiness to make amends.

If you do not want to take the matter to court and, having agreed with the pedestrian, are ready to pay moral compensation, be sure to take a receipt that there are no claims against you.

Our auto lawyers will help you legally formalize the transfer of money. Consultations are provided free of charge.

Pedestrian property damaged

Under the MTPL policy, you can receive a compensation payment of up to 400 thousand rubles, but if the assessment of damage to property is higher than this amount, the at-fault driver who hit the pedestrian must make an additional payment.

Killed a pedestrian

This is perhaps the saddest of all collision options. The degree of guilt of both the driver and the pedestrian is established by the court, motivating the decision of Art. 264 of the Criminal Code of the Russian Federation.

If during the trial it is proven that the driver did not have the physical ability to stop the car, and due to insurmountable circumstances it was not possible to avoid a fatal collision, then you can count on the application of the least penalty - forced labor for up to 4 years (Part 3 Article 264 of the Criminal Code of the Russian Federation).

A driver who kills a pedestrian faces the most severe punishment, imprisonment. But even in such cases, by resorting to the assistance of lawyers, you can try to reduce the period.

Impact degree

Depending on the amount of damage caused, road accidents are divided into those that entailed:

• minor bodily injuries;
• material damage;
• harm of moderate severity;
• serious bodily injury;
• death of a pedestrian;
• particularly severe consequences (death of two or more pedestrians).

The consequences of a collision are determined on the basis of a medical examination. If after the injury the victim undergoes treatment for less than 21 days, then the damage is classified as mild; if longer than 21 days, then the damage is of moderate severity.

A decision on the severity of injuries sustained in an accident involving a collision between a vehicle and a pedestrian is made by a medical expert. Based on the examination results, a medical report is drawn up, which is attached to the case file.

○ I hit an animal on the road.

Separately, it is necessary to deal with much more frequent, but, fortunately, less severe cases when animals fall under the wheels of cars. This also has its own nuances related to determining the status of animals and the procedure for registering an accident.

✔ Step-by-step instructions on what to do.

In the event that an animal gets under the wheels, the driver is required to take the following steps:

1. Stop and turn on your hazard lights.
2. Inspect the car and animal. There is no legal requirement to provide assistance.
3. Call the traffic police.
4. Attempt to locate the owner, driver, or other person responsible for the animal (if it is a farm or domestic animal). If the animal is wild, inform the local environmental committee.
5. After inspectors arrive at the scene of the accident, complete the registration of the accident.

In practice, of course, this procedure is observed only in cases where either the animal was large and the car was dented, or when it was the owner’s - and the owner immediately began to make claims. Nevertheless, even if a hare is hit on an empty country road, it is better to play it safe and arrange everything according to the rules.

✔ An animal from the point of view of traffic regulations.

The steps listed above are necessary, since for the purposes of traffic rules, hitting an animal, even a wild one, is still considered an accident. According to clause 1.2 of the traffic rules, an incident is considered to be any situation where, during the movement of the vehicle, not only people were injured, but also material damage was caused.

Objections sometimes arise with the latter: it is clear that an animal belonging to the owner has value, and therefore its death or injury imposes unnecessary expenses on the owner. But what if the animal was wild or stray? Here you need to take into account the norms of the Federal Law “On Animal World”. According to Art. 4 of this law, wild objects of wildlife located on the territory of the country are considered state property. Thus, even if a stray dog ​​or a hare running across the road is hit, the damage will still be caused, even if minimal, and the state will directly act as the victim. Therefore, a hit animal is definitely an accident, and all the rules provided for by traffic rules must apply here.

Here, of course, there may be problems with the lower bound. It is clear that an accident involving a half-ton elk or even a roe deer must be registered: a collision with them, as a rule, distorts the car so much that repairs are required - and the “cost” of a large animal can reach 200 or more thousand rubles. But formally, the Federal Law “On the Animal World” applies to all living objects - and then it turns out that the driver will also be held responsible for a crushed mouse or a crawling worm if he flees the scene of an accident.

✔ Administrative responsibility.

There is no additional liability for a driver hitting an animal. Moreover, any liability in this case is possible only if the driver violated traffic rules. For example, a reckless driver who runs over a cat will not be held accountable for running over it, but for speeding – if it was exceeded.

However, since a collision is still considered an accident, if the driver simply drove on, he will be responsible for leaving the scene of the accident under Part 2 of Art. 12.27 Code of Administrative Offenses of the Russian Federation. The culprit here faces punishment in the form of deprivation of rights for one and a half years, or arrest for 15 days.

In addition, you need to take into account: if you do not file an accident according to the rules, you will not be able to obtain insurance under MTPL or CASCO.

In addition, if a large animal suitable for food is hit, the driver should not try to take the carcass for himself. In this case, he may also face a fine for illegal hunting, especially if hunting this species is prohibited.

✔ Civil liability.

According to the Civil Code of the Russian Federation, an animal is property that has a certain value. Therefore, if it was lost during an accident, the culprit will pay its cost. However, this will only happen if the driver is at fault for the collision. In cases where the fault lies with the owner or other controlling person who has not fulfilled his duties (for example, a shepherd did not keep track of a herd of cows - and one ran out onto the highway, or the owner let the dog off the leash in the wrong place - and the dog threw himself under the wheels) , the responsibility will already lie with him.

As a result, in order to determine who bears civil liability, it is necessary to initially understand the administrative responsibility and the legality of the driver’s actions. If there was no traffic violation, then the owner of the animal will be to blame, but if the animal is wild or stray, then no one. The probability of recovering the cost of car repairs from the state in this case is zero.

✔ Payment of compensation for the animal under MTPL, CASCO.

The issue of compensation for damage under compulsory motor liability insurance remains controversial. On the one hand, the law states that damage resulting from a collision with a pet must be compensated - and insurance companies compensate for it. On the other hand, in the event of a collision involving wild animals, companies refuse to pay under any pretext. In addition, any payments increase the BMR - and therefore it makes sense, after filing an accident, not to contact the insurance company, but to compensate for the damage by agreement with the owner.

As for the losses incurred by the motorist himself for car repairs, compulsory motor insurance, by definition, does not cover them: this form of insurance is needed only for relations with third parties. Here you need to use a CASCO policy - but here, too, certain nuances are possible. In particular, not all insurers include the actions of stray animals in the contract as an insured event. Therefore, before contacting the company, you should check under what conditions the policy was purchased.

If the collision occurred outside a pedestrian crossing

It will be difficult for the driver to prove his own innocence, but if the collision occurred outside the zebra crossing, he can count on mitigation of guilt in certain circumstances. To do this, he needs to secure reasonable arguments:

• about the impossibility of avoiding a collision, since the pedestrian literally ran out from the sidewalk and created an obstacle (clause 4.5 of the traffic rules);
• prove the intentional actions of the victim (Article 1083 of the Civil Code of the Russian Federation);
• using a video recorder or witnesses to the incident, identify the fact of an accident that occurred due to force majeure.

In the last two cases, liability from the driver is removed; the remaining situations do not exempt the motorist from compensation for the pedestrian.

How to determine who is to blame?

As we have already indicated above, this is determined solely by the court. Although, appropriate treatment is not always required. But in cases of pedestrians being hit on the highway, this happens very often. The fact is that if there is harm to health, there will definitely be a trial (it is the trial that determines the degree of such harm). And at high speeds, the likelihood of injured pedestrians increases.

And the court looks at the specific circumstances of the accident when determining guilt. Let's look at the main reasons for apportioning blame.

Traffic regulations on the rights of pedestrians on the road

First of all, we should consider whether the latter had the right to be in the place where he was at the time of the collision between the car and the person. To do this, we look at the most obvious legal act - traffic rules.

And the Rules prescribe the following duties when walking on the road.

• Pedestrian movement must be carried out on sidewalks or pedestrian paths (clause 4.1 of the traffic rules).
• And only if there are none, then it is possible to walk along the side of the road (same point).
• If there is no shoulder either, then the pedestrian is allowed to walk along the edge of the roadway. At the same time, he must go against the direction of traffic (also 4.1).
• If a person drives a bicycle, moped or motorcycle, or uses a wheelchair, he must walk in the direction of traffic.
• In the dark (including at night) and in conditions of insufficient visibility outside a populated area, pedestrians are required to carry reflective elements with them, and also ensure that they are visible to drivers.
• In all cases, except one, you can cross the road only at a pedestrian crossing or at intersections along the sidewalk line (clause 4.3 of the Rules).
• The only exception to the above-described obligation is when there is no pedestrian crossing in sight. Then the route can be crossed at right angles to the roadway, and only if there is no dividing strip or fence. In addition, the road should be clearly visible in this place in both directions. At the same time, interference should not be created with machines (clause 4.5).
• At a pedestrian crossing, a person must first make sure that it is safe to move across the roadway after assessing the speed of vehicles. It is also prohibited to suddenly get out from behind another car.
• Having entered the roadway, a pedestrian should not stop or linger unreasonably (clause 4.6).
• And lastly: it is prohibited to stand at bus stops or outside them on the roadway while waiting for a bus (or taxi) - clause 4.8 of the Rules.

Actions of a person sitting behind the wheel

According to the Russian Federation Traffic Regulations, the driver’s actions in an emergency on a zebra crossing imply:

1. Immediately stop the vehicle.
2. Installation of an emergency sign symbolizing the incident.
3. Turning on the side lights.
4. Setting the car to hazard warning mode.
5. Protecting the victim from moving traffic to avoid more serious injuries.
6. Providing assistance to the victim.
7. Call the traffic police representatives.
8. Call an ambulance.
9. If the condition of a person who has fallen under the wheels of a car begins to deteriorate sharply, take him or her to the nearest health center yourself. At the same time, this must be done not in your own car in order to avoid eliminating evidence of the crime. The driver who did not provide the necessary assistance to the victim will face criminal punishment under Art. 125 of the Criminal Code of the Russian Federation.
10. Waiting for traffic police inspectors, even if the victim decided to leave the scene of the accident on his own.
11. Video recording of the incident in order to recognize the terrain, objects involved in the accident, located nearby, as well as the scene of the accident from different sides.
12. Ensuring accessibility for other vehicles on the road. If the situation does not require it, there is no need to move the car.
13. Recording the testimony of witnesses to the accident.
14. If the car is insured, call a representative of the insurance service to record the data.
15. When drawing up a protocol, provide all available materials to the inspector. If you disagree with the contents of the protocol, you should make a corresponding note in one of the columns.
16. Arrive at the specified place and time to provide written testimony.
17. If necessary, contact the relevant authorities for legal advice.