An extremely undesirable situation for any driver is a collision with a pedestrian. It is pedestrians who have all the advantages when crossing the street, and this does not depend at all on whether crossing the roadway is allowed in a given place or not. But if the collision occurred in a place prohibited for crossing the road, then the driver still has a chance to prove his innocence. But if the incident occurred at a pedestrian crossing, regulated or not, the situation for the motorist is extremely bad. In this material we will look at what our legislation provides for when this type of accident occurs.
Punishment for hitting a pedestrian at a pedestrian crossing
According to the traffic rules, a pedestrian crossing is an area of the roadway where priority is given to a person traveling on foot. A crosswalk accident is a traffic accident involving a moving vehicle (VV) and a pedestrian. Regardless of the cause of the collision, in an accident at a crossing, in virtually any circumstances, the driver of the vehicle is at fault (except for the situation when a citizen deliberately throws himself under the wheels). The legislation provides for the following types of liability depending on the severity of the damage caused to the pedestrian:
- civil;
- administrative;
- criminal
Since the measures applied to the violator can vary significantly, let’s take a closer look at what threatens a driver who hits a person at a pedestrian crossing.
Civil responsibility
This type of liability arises as a result of harm caused to the victim by a source of increased danger, according to Art. 1079 of the Civil Code (Civil Code of the Russian Federation),:
Legal entities and citizens whose activities involve an increased danger to others (use of vehicles, mechanisms... etc.) are obliged to compensate for damage caused by a source of increased danger, unless they prove that the damage arose due to force majeure or the intent of the victim.
Important : if the driver is not the culprit of the accident, he is still obliged to compensate the victim for the damage caused. At the same time, the punishment for hitting a pedestrian at a pedestrian crossing in 2021, in accordance with the provisions of Art. 1083 of the Civil Code of the Russian Federation, the amount of compensation may be canceled or reduced:
Damage caused by the intent of the victim is not subject to compensation. If the gross negligence of the victim himself contributed to the occurrence or increase of harm... the amount of compensation should be reduced.
Administrative responsibility
This type of liability is established by the Code of Administrative Offenses (CAO). Art. 12.24 provides for violation of traffic rules, as a result of which the victim’s health was harmed:
- light - a fine of 2.5–5 thousand rubles or deprivation of rights for 1–1.5 years;
- medium severity - a fine of 10–25 thousand rubles. or deprivation of rights for 1.5–2 years.
Mild harm to health corresponds to a short-term (up to 21 days) deterioration of health, moderate harm corresponds to a harmless but long-term (more than 21 days) health disorder.
Criminal liability
This is the most serious measure of liability, which is imposed when serious harm to the victim’s health is caused, including death. Punishments are established by Art. 264 of the Criminal Code (Criminal Code of the Russian Federation).
The Criminal Code of the Russian Federation shares responsibility for causing harm to the health of a victim by a driver who was sober and intoxicated at the time of the accident. In addition, it is taken into account whether the at-fault driver left the scene of the accident or not:
- if the guilty driver was sober and did not leave the scene of the accident, one of the following measures is applied (Part 1 of Article 264): restriction of freedom for up to 3 years;
- forced labor for up to 2 years;
- arrest up to 6 months;
- imprisonment for up to 2 years;
- forced labor for up to 5 years;
The Criminal Code of the Russian Federation provides for maximum liability for violation of traffic rules resulting in the death of the victim.
Information from traffic rules
Traffic regulations oblige the driver to prevent an accident at a pedestrian crossing. It happens that a pedestrian himself can provoke an accident as a result of reasons dependent and independent of him. In 90% of cases, any evidence does not save the driver from responsibility and he fails. After all, unlike a pedestrian, he knows exactly the traffic rules, which means he is 100% aware of the danger and the consequences of an accident on a zebra crossing.
P 4 of the Russian Traffic Regulations states that a pedestrian can cross the roadway only if he is convinced that it will be safe. Simply put, look left, then right, and then just start moving.
According to Article 14 of the Traffic Regulations of the Russian Federation, the driver of a vehicle is obliged to follow these rules:
- When approaching an unregulated zebra crossing, slow down and let pedestrians who are walking along it or who are at the beginning of the crossing pass (what is the penalty for not allowing a pedestrian to cross a zebra crossing?).
- In the event that a driver approaching an unregulated pedestrian crossing has slowed down, road users must follow his example in order to avoid an accident.
- When the traffic light signal permits, the driver should be given the opportunity to unhindered passage of the roadway at an adjustable zebra crossing.
- In the event of a traffic jam, the driver should not enter the roadway of the pedestrian crossing.
- In the case of boarding, disembarking passengers and moving them to the route transport, the driver is obliged to clear the road for proper and safe movement along the roadway.
- If a car with a “Transportation of Children” sign is stopped, the driver should reduce the speed and, if necessary, stop the vehicle he is driving.
Attention! The driver should be prepared for the fact that a pedestrian may suddenly run out into a pedestrian crossing, so drive through such places with your foot on the brake.
Now you know what will happen if you hit people on a zebra crossing.
What punishment does a driver face if he hits a passerby to death?
If a pedestrian dies as a result of an accident, then the law provides for the most severe punishment for the at-fault driver. Art. 264 of the Criminal Code of the Russian Federation differentiates it depending on the circumstances.
If the driver was sober at the time of the collision with the pedestrian and did not leave the scene of the incident, then, according to Part 3 of Art. 264 of the Criminal Code of the Russian Federation, fatal collision with a pedestrian
... is punishable by forced labor for a term of up to four years ... or imprisonment for a term of up to five years.
A drunken culprit of an accident or one who left the place where it occurred, in accordance with Part 4 of Art. 264 of the Criminal Code of the Russian Federation
...is punishable by imprisonment for a term of five to twelve years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
Liability becomes even more stringent if two or more people die as a result of the accident. The maximum punishment for a sober driver who did not run away from the scene of an accident (Part 5 of Article 264) is imprisonment up to 7 years, for a drunk driver or who left the scene of an accident - from 8 to 15 years. It is worth noting that the state of intoxication refers to the presence in the body not only of ethyl alcohol in a certain concentration, but also of narcotic, psychotropic or psychoactive substances.
Important : if the at-fault driver refuses a medical examination, then he is equated to persons in a state of intoxication (note 2 to Article 264 of the Criminal Code).
Road accidents caused by pedestrians
Accidents at crossings also occur due to the fault of pedestrians. In this case, mutual responsibility arises: the driver must compensate for the damage caused to the pedestrian, and he, in turn, must compensate for the damage caused to the vehicle. This is stated in paragraph 1 of Art. 1064 Civil Code of the Russian Federation:
Harm caused to the person or property of a citizen, as well as harm caused to the property of a legal entity, is subject to compensation in full by the person who caused the harm.
The first part also concerns cases in which drivers were injured. In such situations, liability for serious bodily injury in an accident rests with the at-fault pedestrian. Part 2 of the same article states that:
The person who caused the harm is released from compensation for harm if he proves that the harm was not caused through his fault.
The driver's liability if a pedestrian is at fault in an accident depends on the severity of the consequences of the accident.
Compensation for damage caused
When incurring civil liability, the main penalty will be the need to compensate the victim:
- lost earnings during his incapacity for work;
- expenses associated with treatment and restoration of health;
- suffered moral damage.
Important information! If the need arises to receive moral compensation, the injured party should know that compulsory motor liability insurance does not provide for the repayment of such payments. They can be obtained if the guilty party agrees or subject to an appropriate court decision.
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.
Do you really need a lawyer and where to find one?
Almost everything said above clearly speaks in favor of involving a lawyer in a case of hitting a pedestrian. It is also true that many people say that lawyers are different from each other, and an inexperienced specialist can only confuse the matter. Our free lawyer selection system will help you find the “golden mean”. It is extremely simple to use:
- Call the numbers provided and get a free consultation.
- Send a message using the form below and wait for a response.
What will it give? Firstly, you will be able to get advice, including about the prospects of the case, at no cost. Secondly, you will talk to a lawyer before concluding a contract (again, free of charge), which means you can get an idea of his qualifications. Entrust your protection to professionals!
Hitting a pedestrian in reverse
When hitting a person at a crossing in reverse, the driver is definitely at fault, since, according to clause 8.12 of the traffic rules:
Reversing is prohibited at intersections and in places where turning around is prohibited.
In accordance with clause 8.11 of the Traffic Regulations:
U-turns are prohibited at pedestrian crossings...
Therefore, when someone hits a person with a car in reverse, then, depending on the severity of the consequences, the culprit will be subject to civil, administrative or criminal penalties.
Causes and statistics of accidents with pedestrians
Most often, drivers are responsible for accidents at pedestrian crossings. This happens for the following reasons:
- over speed;
- traffic violation;
- poor visibility at an unregulated crossing;
- lack of driving skills;
- a sudden acute attack of any disease, for example, a heart attack;
- severe fatigue, inadequate reaction to the situation on the road;
- vehicle malfunction;
- difficult road conditions, for example, ice.
An accident caused by a pedestrian can be caused by:
- non-compliance with traffic rules;
- alcohol or drug intoxication;
- a sharp deterioration in health.
The factor of chance is present in the case of guilt of both the driver and the pedestrian. But according to statistics, the proportion of such accidents is much smaller than accidents caused by other reasons.
Here are the statistics of accidents at pedestrian crossings involving pedestrians according to the State Traffic Safety Inspectorate of the Russian Federation for 2021 (data taken from the official website of the State Traffic Safety Inspectorate):
- number of accidents - 19,591, of which: due to the fault of drivers - 16,871;
- due to the fault of pedestrians - 1733;
For comparison, the same indicators for 2021:
- number of accidents - 18,498, of which: due to the fault of drivers - 15,573;
- due to the fault of people on foot - 1639;
The trend is disappointing: the number of accidents at pedestrian crossings is showing an increase. The ratio of at-fault drivers to at-fault pedestrians remains the same: approximately 10 to 1.
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).
Arbitrage practice
Accidents at crossings involving citizens traveling on foot occur every day in different regions of the country. Judicial practice in such cases is very diverse; for illustration, let us consider two illustrative and frequently encountered examples.
Gr. Ivanov, driving his car along the street, did not notice a man at an unregulated, unlit pedestrian crossing, but managed to brake at the very last moment. The victim fell and suffered a bruise to his arm. Traffic police officers and an ambulance were called. At the court hearing, Mr. Ivanov was charged, according to Art. 12.24 of the Code of Administrative Offenses, the penalty is a fine in the amount of 3,000 rubles and compensation was awarded to the injured pedestrian in the amount of 2,000 rubles.
Gr. Petrov, being drunk at the wheel of his car, drove through a red light and hit a citizen. Sidorov at a pedestrian crossing. Witnesses to the incident called an ambulance and the traffic police. The injured gr. Sidorov died on the way to the hospital. After considering all the circumstances of the accident, the court sentenced Mr. Petrov according to Part 4 of Art. 264 of the Criminal Code of the Russian Federation to 5 years in prison.
