Hitting a pedestrian - negligence, leaving the scene of an accident - intent

• Definition of an accident
• What punishment is provided by law?
• Driver's responsibilities in case of an accident
• When is it permissible to leave the scene of an accident?
• When is it prohibited to leave the scene of an accident?
• Didn't notice the accident? Prove it
• Video

By leaving the scene of a car accident, the driver commits a serious offense. The amount of punishment is determined taking into account all the circumstances. This may result in both administrative and criminal liability. In what cases does a violator face a fine for leaving the scene of an accident, in what cases are there more serious sanctions, and when is leaving the scene of a collision considered acceptable? We'll tell you in the article.

Definition of an accident

In order for the driver’s departure to be considered leaving the scene of an accident, the incident must fall within the definition of a “road traffic accident” (Federal Law of December 10, 1995 N 196-FZ “On Road Safety”, Article 2).

In other words, three conditions must be met:

• direct participation of the vehicle (contact) in the accident. Thus, if an object is thrown from a car window at a cyclist or a walking person, this is not an accident;
• causing any damage, for example, to property, transport, cargo, structures, as well as life or health of people;
• the incident occurred while the car was moving. The fall of a person or object onto a standing vehicle is not classified as an accident.

The situation is not considered a traffic accident if at least one of the conditions is not met. The departure of the car in this case does not fall under the scope of the article “Leaving the scene of an accident.”

If all the conditions are met, and the participant runs away from the scene of the accident, this is considered a serious offense, so the punishment is determined by the court. The traffic police inspector cannot make a decision on deprivation of rights or detention. His task is to find out as accurately as possible all the circumstances of what happened, prepare materials, documents and submit them to the court for consideration.

The same applies to the situation when there is an accident with victims. The degree of responsibility for the escape is determined in court and based on the results of the investigation.

What punishment is provided by law?

The Code of Administrative Offenses (CAO RF) is the main document defining responsibility for “driving away” from the scene of an accident. According to Part 2 of Article 12.27 of this regulation, leaving the scene of an accident by a participating driver is punishable by:

• administrative arrest for up to 15 days;
• or deprivation of the right to drive a car for a period of 1 to 1.5 years.

Thus, the law does not provide for the imposition of a fine for escaping from the scene of an accident, only imprisonment or deprivation of a driver's license. But depending on the specific situation, other options are possible:

1. If the driver fled the scene of the accident, but then changed his mind and returned (before the traffic police arrived), such a violation falls under another paragraph of Article 12.27 of the Code of Administrative Offenses of the Russian Federation. In this case, a fine of 1000 rubles will be imposed on the offender (Part 1). Arrest or deprivation of rights does not apply to violators who have come to their senses.
2. If people were injured in the incident, that is, they received injuries of varying degrees of severity, then leaving the scene of an accident is considered a criminal offense, and punishment for it will follow in accordance with the Criminal Code of the Russian Federation (Article 125 “Leaving in danger”). Sanctions may be as follows:

• up to 1 year in prison;
• up to 3 months of arrest;
• a fine in the amount of 80 thousand rubles up to the income of the culprit for 6 months;
• community service for a total of up to 360 hours;
• forced labor for up to 1 year.

Leaving the scene of a traffic accident with injuries is classified as a criminal offense. If there are no wounded, the violation is considered administrative and is punishable in accordance with Part 2 of Article 12.27 of the Administrative Code.

The rules apply equally to the injured party and the culprit of the accident, so the responsibility for leaving the scene of an accident lies with them equally. It is in the interests of both participants to document the incident according to the regulations. To do this, you need to call the traffic police officers or (if there are no disagreements) register the accident yourself (with drawing up a diagram, identifying the culprit and signatures of both drivers). Otherwise, deprivation of rights or arrest may be applied to both the offender and the victim.

Another important point: if the culprit of the accident left the scene of the accident, the insurance company has the right to demand reimbursement from him for the expenses incurred by it (in the amount of compensation paid to the injured party).

Return of a driver's license after revocation

In 2021, there is a certain procedure for returning a seized driver's license:

1. The court order issued in hand indicates the date when the punishment for leaving the scene of an accident ceases to apply. You can contact the authority that took away the rights the very next day after this date. But you need to prepare for the visit in advance.
2. Documents will be returned only if you have certificates confirming that you have passed repeated exams on your knowledge of traffic rules. You can take this exam a month before applying to the traffic police.
3. Additionally, a package of documents is provided: a Russian passport to confirm the driver’s identity; a certificate confirming the transfer of the certificate to the traffic police department; photocopy of the court order with the end date.

Please note:
A medical certificate may be required. Despite the fact that this document is not strictly mandatory, it will still have to be provided when the inspector makes a request, therefore, you should undergo a medical examination in advance.

A prerequisite for returning a driver's license is a re-test of knowledge of traffic rules. The exam must be passed successfully, otherwise you will not be able to obtain your license the first time. If errors were made in the answers, a retake is scheduled after 7 days.

Driver's responsibilities in case of an accident

A fine of 1,000 rubles can be collected from a driver who violates the traffic rules for actions after an accident. The correct behavior should look like this:

• stop the car in the position it was in after the accident, do not move or remove objects related to the accident;
• turn on the emergency lights;
• place warning triangles at the correct distance from the vehicle;
• find out if there are victims;
• if there are victims, call the traffic police and doctors, if possible, provide first aid yourself, send or take the wounded to a medical facility, if necessary.

However, there are a number of exceptions, also specified in the traffic rules.

When is it permissible to leave the scene of an accident?

The rules regulate a number of situations when the driver is allowed or required to leave the scene of an accident:

1. If no more than 2 cars were involved in the accident, damage was caused only to the vehicle, and there were no casualties. Also, both participants must have a valid MTPL policy. In this case, drivers have the right to file an accident on their own (by recording the diagram of the incident, identifying the culprit and the damage). If there are no disagreements, they must come with completed and signed papers to the nearest traffic police department.
2. If there is no other way to deliver the victim to the hospital other than in the car of the participant in the accident. Then you are allowed to leave the scene of the collision, take the wounded person to a medical facility, there provide the number of your vehicle, your last name, then return back. The accident site must first be photographed or videotaped. If the regulations are followed, there will be no punishment for such absence.
3. If the colliding cars completely block traffic on the road. Then drivers must record in detail and accurately all the circumstances of the accident on a photo or video camera, write down the names, addresses and telephone numbers of witnesses. After this, cars should be removed from the roadway and wait for the arrival of traffic police officers.
4. If there is an accident without injuries, and the participants have agreed that the guilty party will pay off the damage on the spot. In this case, it is necessary to issue a receipt confirming the absence of mutual claims.

If in these situations everything is completed correctly and all requirements are met, then there will be no punishment for leaving the scene of the accident.

When is it prohibited to leave the scene of an accident?

You cannot leave the scene of the collision until the traffic police arrive, regardless of the absence or presence of victims. The only exceptions are those cases described above.

However, there are situations when it seems that leaving does not threaten the driver. As a rule, this is not the case. Most often, problems arise in the following cases:

1. The person responsible for the accident left the scene of the collision. If the damaged car also leaves, then the offender can subsequently contact the traffic police and report the damage. In this case, it will be difficult to prove that you are right.
2. The participants in the accident “verbally” agreed on the absence of claims, without issuing a receipt, without recording the damage and the diagram of the accident in accordance with the rules. In this case, it is possible that one of the participants will return to the scene of the collision and call the traffic police, accusing the second of fleeing.
3. There was a collision with a pedestrian, and he fled. Subsequently, the injured person can file a complaint with the traffic police. Then the driver who gets away may lose his license or go to jail.
4. The car was dented in the parking lot, the culprit disappeared. In this case, the driver who damaged the car can contact the traffic police and shift responsibility for the accident to the injured party.

If any of the above situations arise, the driver should remain in place and report the incident to the traffic police. It is important to document in writing and thoroughly the fact that there are no claims between the parties to the accident. This will help you avoid being arrested or having your driving privileges revoked.

What to do if another participant has disappeared

If this happened and you want to prove his guilt, look for camera or DVR recordings.

Other cities also have such centers. Contact there and tell the operator the date, time and address of the violation. In response to the request, the operator will provide the application number. Indicate this number in your application to the traffic police - only traffic inspectors can obtain the record. The recording will show that the culprit left the scene of the accident.

You can also ask passing drivers for dash cam records. Write down the driver's phone number and ask for the recording to be sent by email as soon as possible.

This is important to know: Application for installment execution of a court decision: sample 2021

If an accident occurred in the parking lot of a shopping or business center, ask for camera footage from security guards or car owners who constantly park nearby. These could be shopping center workers or office employees of a business center with video recorders in the salon.

Expert opinion

Pankov Roman

Attach the records to the police report. It is best to record the materials on a flash drive or disk and give them to the police officer along with a written statement to initiate an administrative case.

Didn't notice the accident? Prove it

The fact that the culprit did not notice the accident may be a mitigating circumstance (for example, in case of bad weather conditions or very superficial touching of the vehicles). However, it is quite difficult to prove your ignorance in court. But if the damage is minor, there is a chance.

This will not help you avoid responsibility completely. If the culprit proves that he unintentionally left the scene of the “accident” or voluntarily contacts the traffic police and admits his guilt, the punishment may be limited to a fine of 1,000 rubles.

If it is not possible to convince the court that the departure was unpremeditated, then the punishment will be imposed in accordance with the Administrative Code. The violator faces imprisonment for 15 days or deprivation of rights for a period of 1 to 1.5 years.

Sometimes drivers count on the possibility of escaping from the scene of an accident being an excellent chance that will allow them to avoid liability. However, you need to understand that almost every car now has a DVR installed, and the roads are equipped with surveillance cameras. The likelihood of going unpunished is very low. Running away will only add to the guilt and make the situation worse. If an accident does occur, you need to act in accordance with the rules and contact an experienced lawyer to help in legal proceedings.

Judicial practice in such incidents

• The Supreme Court of the Russian Federation seemed to know that we would write this article, and just recently considered the complaint of a driver who found herself in the situation we are examining - she did not notice the accident and disappeared. Resolution of the Supreme Court of the Russian Federation of December 16, 2021 N 41-AD20-20 also touches on one of the points of our instructions about the rights of the involved person, in particular, to their explanation when compiling the material and compliance when considering the case. But the arguments of the complaint were not supported by the courts of all instances, and the decision of the Oktyabrsky District Court of Rostov-on-Don to deprive the driver of his license for a period of 1 year was upheld.
• However, a year earlier, in December 2021, the Supreme Court of the Russian Federation considered another complaint, in which the person involved proved the fact of his innocence by the lack of evidence of his guilt and violations during the consideration of the case in other instances. As a result, the court issued Resolution No. 5-AD19-256, in which it supported the arguments of the complaint, canceled all court decisions of the lower courts and terminated the proceedings.

We specifically gave an example of two completely opposite cases and decisions on them in order to clearly show that there is no definite practice and sometimes it is possible, albeit in the Supreme Court, to still achieve justice.

Basically, in 2021, courts in such cases deprive the drivers involved of their rights, so it is always worth filing an accident, even if it is minor and no one saw it, because the cost of a lawyer’s services can be much more than the amount of possible damage.