What to do if you are hit by a car at a pedestrian crossing?

An accident at a pedestrian crossing causes stupor for both the provocateur of the incident and the victim. The traffic rules clearly state that pedestrians have priority over motorists, since the car creates an increased danger according to Art. 1079 of the Civil Code of the Russian Federation. However, the man on foot is not always right. What should you do first in the event of an accident at a pedestrian crossing? Is there a procedure to establish cause and guilt of the offender? And what payments are due for physical and moral damage to the injured party in an accident at a pedestrian crossing?

What are the main actions if you are hit by a car?

If you are hit by a car at a pedestrian crossing, the main actions depend on the severity of the pedestrian’s injuries and injuries. If a person is conscious, has no injuries dangerous to health and is able to adequately perceive the situation, he must call traffic police officers to the scene of the incident.
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After calling law enforcement agencies, you must:

• Call an ambulance, even if there are no serious reasons. The conclusion of a medical professional will be needed for the subsequent procedure for collecting liability from the culprit.
• Record data about the car that made the collision - number, make (this point is especially important in cases where the car disappeared in an unknown direction).
• Fill out an application to hold the driver civilly liable and hand the document over to the police.
• Ask eyewitnesses to act as witnesses, take their contact information in case a claim is filed in court.

Criminal liability of a pedestrian

It occurs in cases where, due to the fault of a pedestrian, an accident occurred - it does not matter whether it involved a collision with him or he simply created an obstacle, as a result of which, for example, other vehicles collided, where people suffered serious harm to health or death.

And this issue is regulated by 2 articles of the Criminal Code:

• if a person died in an accident due to the fault of a pedestrian, then Part 1 of Article 109 of the Criminal Code applies - causing death by negligence,
• in case of 2 or more deaths, where the culprit is a pedestrian, part 3 of the same article applies,
• for grievous harm there will be Article 118, Part 1 of the Criminal Code.

Judicial practice of the Supreme Court, where cases involving pedestrians charged with Article 109 or Article 118 were considered.

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.

Important note!

If there is no harm to health, but there is property damage

Then there is civil liability. For example, if a pedestrian fell and got dirty as a result, you hit his dog (pets are considered property under the Civil Code of the Russian Federation).

In this case, the damage will need to be compensated according to the victim’s expenses for restoring his property (the same clothes) to its original condition.

If a pedestrian is slightly harmed

Then there is a risk of deprivation of rights under Part 1 of Article 12.24 of the Administrative Code. But this norm does not imply an unconditional deprivation of the right to drive. The driver may be assigned, at his choice, a person reviewing the case:

• a fine of 2,500 to 5,000 rubles for hitting a pedestrian causing minor damage to health,
• deprivation of rights for 1-1.5 years.

This is an administrative liability, and it does not cancel the civil liability - compensation for the costs of restoring health and property damaged as a result of a hit-and-run accident.

Please note that in this article, minor harm means minor loss of health or minor loss of ability to work. The 2021 legislation does not specify what.

If moderate harm to health is caused

By average damage, legislators already understand loss of health for a long time, but without risk to life, or loss of ability to work by at least a third.

And for such harm to a pedestrian who is hit, the driver faces either a fine of 10 to 25 thousand rubles, or deprivation of his license for 1.5-2 years.

If the driver was drunk

Then, according to administrative law, unlike criminal law, he will simply be given another punishment - deprivation of rights for drunkenness (Article 12.8 or 12.26 of the Administrative Code - the latter, if he refused a medical examination).

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.

Hit a person outside a pedestrian crossing: liability

In any case, in a collision between a vehicle and a person, the iron unit will suffer less damage. Most likely, there will be a small dent on the car, which will be removed without a trace in an ordinary car service center, but a pedestrian may receive serious injury, disability, or even die...

Let’s say I accidentally hit a person, the police weren’t called because no one was hurt, everything was resolved peacefully, without incident. But this scenario doesn't play out often.

Therefore, depending on the degree of harm caused to a person (or several people) and due to non-compliance with traffic rules, a motorist may face civil, administrative or criminal liability:

• Civil liability (least severe).
  Regardless of whose fault the incident occurred, it is the car owner who reimburses the costs of treatment, damaged property of the victim and other losses. Only a court can help avoid all this if during the trial of the case it turns out that the harm to the victim was caused as a result of force majeure or worse, due to malicious intent (fraud) of the person who fell under the wheels.
• Administrative responsibility (moderate).
  If the victim suffered moderate injuries, then the driver who caused the collision will have to pay a fine in the amount of two and a half to twenty-five thousand rubles, depending on the degree of damage caused by a court decision, and also say goodbye to his driver’s license for a period of one to two years. .
• Criminal liability (the most severe).
  Employees of the State Traffic Inspectorate are conducting an investigation into the collision in two directions:

  1) whether it was possible to avoid a collision with a pedestrian in a particular case;

  2) whether the driver violated traffic rules.

In addition, the technical serviceability of the car at the time of the offense is checked and it is found out how severely the victim’s health was damaged as a result of being run over by the wheels.

Accident while overtaking at an intersection.

Find out about liability for hitting a pedestrian here.

What to do if you hit a person with a car in a parking lot

If you hit a person outside a pedestrian crossing, the driver is responsible after checking the incident. If during the inspection it is established that the driver is completely innocent, then the driver is not subject to either criminal or administrative liability.

If a pedestrian receives serious injuries or even ends in death, then there is every reason to bring the perpetrator to criminal liability. Severe health impairment is when the victim is near death or remains incapacitated for a long time (or forever).

How serious the victim’s condition is is to be determined by a forensic medical examination. For example, if the examination found the harm to be insignificant, then no criminal case will be initiated, even if the driver’s guilt is proven. The materials are transferred to the court for subsequent proceedings and administrative punishment.

Important! The maximum that is awarded to the perpetrator in such cases is imprisonment for a period of nine years, as well as the confiscation of rights for three years.

When is a pedestrian right in a collision?

Exercise caution on the roadway is a completely natural reaction of every person on foot. If you cross the road in the right places, the risk of getting hit by a car is low. However, if a collision occurs, the truth will be on the side of the pedestrian if he has evidence that he acted according to the rules.

Responsibility for the pedestrian is removed under the following circumstances:

• when driving along a zebra crossing (before this you need to make sure that you are in the driver’s field of vision);
• when carefully crossing the highway in unregulated areas, but marked with road signs (clause 4.5 of the traffic regulations);
• when crossing along sidewalk lines (clause 4.3 of traffic regulations);
• in conditions of limited visibility or bad weather, if a person was moving along the roadway and in the presence of reflective elements in clothing (clause 4.1 of the traffic rules).

Responsibilities of the driver and pedestrian according to traffic rules

In road traffic, the driver-pedestrian relationship is regulated by the Rules through corresponding prohibitions and obligations, correlating so that one group of traffic participants is prohibited from doing something or ordered to give way, while another is given the right of priority.

And in this context, not all motorists, and even more so, participants on foot, know their rights, and, most importantly, responsibilities. Therefore, it is our duty to list them.

So, the responsibilities of pedestrians include:

• cross the road only at a pedestrian crossing, and if the latter is regulated, then only at the green one (clauses 4.3 and 4.4 of the traffic rules),
• but it is possible to cross outside the crossing, provided that it is not in the visibility zone, and in this case the pedestrian is obliged to give way to the motorist, must not leave from behind standing cars and is responsible for failure to fulfill the obligation (clause 4.3),
• move only on sidewalks and pedestrian paths, if there are none - along the side of the road, if there is none - along the edge of the roadway against the direction of traffic and in one row (clause 4.1),
• if there is no crossing at the intersection, then you can cross along the line of the sidewalk or path,
• if the pedestrian did not have time to cross the road when the light turns green and the light turns red, he is obliged to stop on the dividing line or island, if there is one,
• as well as drivers, persons on foot are required to allow special services vehicles with their beacons and sirens on to pass.

The driver's responsibilities are consistent with the rights of the pedestrian to prevent a collision with the latter, and they are as follows:

• give way to pedestrians at the crossing,
• give way everywhere to pedestrians with a white cane in their hand (which signals that the traffic participant is blind),
• allow the pedestrian to complete the crossing if the red light comes on to do so,
• When turning, do not interfere with pedestrians.

The most important subtlety of an accident involving a pedestrian is that the driver in this case bears 2 types of liability: administrative for traffic violations and civil for harm caused to the pedestrian. Likewise, a pedestrian is obliged to compensate for damage if he is at fault in an accident, and is also subject to a fine or criminal charges, depending on the consequences of the collision.

What to do if the driver escaped?

Not every driver wants to be held accountable before the law for an unintentional accident at a pedestrian crossing. Some succumb to weakness and hide, although according to Art. 265 of the Criminal Code of the Russian Federation, this cannot be done. What can the victim do when the other participant in the incident decides to avoid punishment?

First of all, if you are hit by a car at a pedestrian crossing, you must try to remember the make, color and, if possible, license plate of the car, as well as the external description of who was driving. Then interview witnesses and wait for the police, who should tell them in detail about what happened and indicate the signs of the culprit. It is necessary to record the coordinates of eyewitnesses so that you can contact them in the future if necessary.

What should a pedestrian do after an accident?

We will describe an algorithm of actions for minor and moderate injuries, which allows you to adequately assess the situation and move within certain limits without a threat to health and life. In case of severe injuries, of course, there is no need to talk about any actions of the victim - nothing depends on him, we can only hope for the help of the driver, rescue services, and eyewitnesses of the incident.

The first thing to do is call medical help. You can also call the traffic police, but ambulance officers automatically report the accident to this authority themselves. Next, you need to wait for paramedics and police to arrive. It is important to remember the make of the car, its number, and characteristic features. This is especially true when the driver leaves the scene of an accident. If there were witnesses, write down their details, phone numbers, and ask them to stay until the police arrive.

Upon arrival of the traffic police officers, you must write and submit to them an application with a request to open a criminal case. The document must be written in two copies, one of which is kept for yourself with a note indicating acceptance of the application. After providing assistance, it is necessary to ensure that medical staff have recorded the injuries and their severity.

How to avoid a collision

In the eyes of the driver, a pedestrian is always a source of danger to one degree or another. It is very difficult to predict his actions. Children, elderly people and women exhibit especially dangerous behavior in critical situations. Everyone knows the cases of suddenly jumping onto the road, darting in the middle of the roadway, standing at the edge of the curb and suddenly moving, trying to cross the road.

The best way out, if there is a threat of a collision, is to stop traffic: it is easier for drivers to notice a stationary object and go around it.

If a citizen finds himself on the roadway and is hit by a car, then an examination will be carried out that takes into account the degree of visibility of him for the driver, analysis of the color of clothing, road surface, and the like. If the braking distance is less than the distance to the victim, then preventing the accident was impossible.

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.

Driver actions after a traffic accident

In the legislation, all actions of the driver after a traffic accident have occurred are specified in paragraph 2.6 of the Road Traffic Rules.

The driver is obliged:

• Immediately stop the car, put up an emergency sign, turn on the hazard lights in the form of side lights;
• Organize the protection of the person injured in the collision from other road users, which will eliminate the likelihood of causing additional, more serious damage;
• Call all necessary services, such as ambulance, rescue service and the State Road Safety Inspectorate;
• Provide the necessary assistance to the injured person, but under no circumstances should you move the injured person in any way; this condition is due to the fact that moving may negatively affect his condition and the threat to health and life will increase. Only in an emergency situation, when there is an emergency and a high probability of death, it is necessary to transport the victim to the nearest hospital in another car, while the car of the person responsible for the accident must remain in place until the police arrive.

The person will be prosecuted under Article 125 of the Criminal Code of the Russian Federation for failure to provide the necessary assistance.

Emergency services can be called at the following toll-free numbers:

• 112 - you can contact the emergency dispatcher on duty using this number. This number is the same for any cellular operator; when you call 112, you will contact the emergency dispatcher of the city in which you are located or the dispatcher of the city that is located in close proximity to you. If there is no money on your phone, then you can still make a call, and the call will also be made if the SIM card is blocked or is not in the phone at all;
• 030 — call an ambulance for subscribers of the MTS and Megafon networks;
• 003 - ambulance number for Beeline network subscribers;
• 002 - the number by which you can contact the police officer on duty for Beeline network subscribers;
• 020 - a call to the police on duty available to users of the Megafon and MTS networks.

In no case should the victim be released without providing the necessary medical care; in a state of shock, a person cannot soberly assess his condition and may attempt to leave the scene of a traffic accident; after a certain period of time he may die from his injuries.

Even if the injured person fled the scene of the accident, the person who was driving the car must wait for the traffic police officers; this action will help not to aggravate the current situation.

If you flee the scene of the crime, the sanctions for the committed act will be much harsher, and there is a high probability that the victim will write a statement some time after the accident.

It is recommended to record in writing the testimony of witnesses to the accident, provided that there are any. It is also worth recording on electronic media all the circumstances, traces of the traffic accident, as well as indicating the exact time and date, and going through the registration procedure with the road transport service employees who arrived at the scene.

The recording from the camera should clearly show the position of the car, the marks left after braking with a ruler attached to them, the location of the victim of the collision should also be visible, not the least role is played by weather conditions and the condition of the road surface, signs located directly next to the accident site and marking lines.

If there is compulsory motor liability insurance, the driver is obliged to contact the company in order to demand compensation for damage to the health of a pedestrian injured in an accident in the amount of up to 500,000 rubles, which is established in article 7 of Federal Law No. 40 of April 25, 2001, as well as on the basis of article 1 clause 6a No. 223 dated July 21, 2014.

The driver’s responsibilities include: taking an active part in drawing up the accident report, familiarizing himself with the diagram, obtaining a certificate of the accident by signature. If a video recorder was installed in the car, then the driver must provide all information from it to the traffic police officer.

If your opinion does not agree with the information contained in the employee’s protocol, then you must enter all discrepancies in a special column.

If the person injured as a result of a collision has serious injuries, then the driver must be sent to the hospital to undergo a medical examination, during which it is determined whether the driver was sober. Do not refuse to go through this stage under any circumstances!

Judicial practice on compensation for material damage in a pedestrian accident.

I ran over a pedestrian’s foot, read here what to do and how to avoid the consequences.

What to do if you hit a drunk person outside a pedestrian crossing to death, find out at the link:

After the traffic police officer has recorded everything that happened, you will be assigned a date and time of arrival at the departments in order to give written testimony. Between these stages, the car enthusiast should turn to competent car lawyers, who will explain your rights and obligations to you, and also provide the necessary legal assistance.

The explanatory note must contain the following circumstances:

• The exact time, place and date of the accident;
• A detailed diagram of the collision with a pedestrian, indicating the speed and movement of the vehicle and the injured person;
• Weather conditions and road conditions at the time of the collision;
• Indication of road signs and marking lines located near the accident site, traffic lights;
• And other circumstances and factors that had a direct impact on the events that occurred.

You should also attach information about possible witnesses and fill out a special request to call them and obtain written testimony; in accordance with Article 26.2, Part 2 of the Code of Administrative Offenses, such written testimony can prove the driver’s innocence.

In judicial practice, there are many cases in which the driver suffered undeserved punishment on the basis of confessions, when the person died in a hospital bed from injuries that at first glance were not serious. In this case, the degree of objective guilt and the sentence imposed by the judicial authority were not proportionate.

Only after the decision of the forensic medical examination, which makes a decision on the severity of the damage to health received in a collision with a car, also examines all the medical documents of the victim, the traffic police inspector issues a decision on an administrative offense or forwards the documents to the competent authorities, which begin an investigation into the initiated criminal case.

Provided that it is established that the driver is not at fault in the traffic accident, a decision is made to refuse to apply criminal or administrative sanctions to this person.

From Article 25.1 Part 1 of the Code of Administrative Offenses, a suspect has the right to receive legal protection at any stage of the investigation of the case. In order to receive protection of this kind, the suspect must contact the traffic police officer competent in such matters, who is dealing with his case, with a request to involve a defense attorney in the case.

What happens to a driver if he hits a pedestrian?

Regardless of how fast the driver was moving at the time of the collision with the pedestrian, he must be held accountable before the law if he caused harm to the health of the second participant in the accident. Many factors influence what the verdict turns out to be. The victim himself plays an important role here - whether he demands compensation or is inclined to take more severe measures against his offender.

1. If the driver violated the rules and the pedestrian received minor injuries, the motorist must pay a fine in the amount of 2.5-5 thousand rubles, and the culprit of the accident faces deprivation of his driver’s license for a period of 1 to 1.5 years (Part 1 of Article 12.24 Code of Administrative Offenses of the Russian Federation).
2. If a citizen driving a vehicle violated traffic rules and a pedestrian suffered moderate harm to health, the driver is subject to a fine of 10-25 thousand rubles. or deprivation of driver's license for a period of 1.5 to 2 years.

1. Minor damage to a pedestrian’s health is a short-term health disorder or a minor permanent loss of general ability to work.

2. Moderate health harm is a long-term health disorder that is not dangerous to vital functions or a significant long-term loss of the general ability to work by less than one third.

According to Art. 264 of the Criminal Code of the Russian Federation, if he hits a person at a pedestrian crossing, he faces the following penalties:

• for causing unintentional grievous harm - imprisonment for up to 2-3 years (in some situations with a ban on engaging in certain work activities for up to three years), forced labor for up to 2 years, arrest for up to six months;
• for inflicting serious injuries while intoxicated - forced labor for up to 3 years or imprisonment for up to 4 years with a ban on engaging in certain work activities for a period of up to three years;
• for the unintentional death of one person - imprisonment for up to 4-5 years with a ban on engaging in certain activities for up to three years;
• for the death of a pedestrian while intoxicated - imprisonment for 2-7 years with a ban on engaging in certain work activities for up to three years;
• for the death of 2 or more persons unintentionally - forced labor for up to 5 years or imprisonment for up to 7 years with a ban on engaging in certain labor activities for up to three years;
• for the death of 2 or more persons while intoxicated - imprisonment for 4-9 years with a ban on engaging in certain work activities for up to three years.

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.

Who pays for damages in case of an accident at a pedestrian crossing?

If a citizen is hit by a car at a pedestrian crossing, in 95% of cases the driver is to blame. The MTPL policy guarantees reimbursement of funds to the victim, which will be used for medical purposes. To receive compensation, you must keep all receipts from the hospital and pharmacy, and provide a document on the cost of the massage therapist’s services (if necessary). The same should be done with official papers from the sanatorium where the treatment was carried out.

There are cases where insurance organizations resort to tricks to reduce their own costs. They thoroughly study the situation, prove the pedestrian’s guilt, collect evidence of damage to the vehicle (its spare parts), if any, and present the amount to the pedestrian.

The injured party may demand not only money to restore health, but also financial penalties for damage to expensive clothing. Then you need to attach a sales receipt for the item.

In the absence of an MTPL policy, the vehicle owner finances material and moral damage at his own expense. For those who evade paying money, compensation is collected through the courts.

What happens if the driver is not at fault for hitting a pedestrian on the highway?

Now we have to move on to the bad news for drivers. Even if, based on the results of the consideration of the case of a downed pedestrian, only the latter is found to be the culprit, the driver will still be obliged to compensate for the damage to his health and moral.

We are talking about Article 1079 of the Civil Code of the Russian Federation. It indicates that the motorist is liable regardless of the absence of guilt, because he is the owner of a source of increased danger. That is, he is not able to fully control the vehicle he is driving (for example, stop without braking distance).

Please note that we are talking specifically about civil liability - compensation for damage to health. There is no talk of bringing the driver to a fine, deprivation of his license or any other punishment. In addition, damage to the pedestrian's property (broken phone, soiled and/or torn clothing) is also not included in the compensation obligation.

There is good news - if the car had a valid MTPL policy, then the insurance company is responsible for compensating for such damage. However, this does not include moral damages - the driver will still have to compensate it from his own pocket.

However, do not forget about the main factor, which we already wrote about above - mutual guilt in a collision with a person on the highway in the event that the driver is found to have any associated violations: a malfunction of the brake system, speeding and other opportunities to avoid a collision ( normal reaction, braking distance assessment).

How can a pedestrian receive compensation?

The OSAGO company provides for the payment of funds to the victim in an amount that does not exceed 500 thousand rubles. If, as a result of the investigation, the calculations exceed the established tariff, the culprit of the accident pays the rest from his own pocket (Article 1072 of the Civil Code of the Russian Federation).

The insurance company disclaims its obligations when it comes to collecting for moral damages. Then you need to contact the car owner and demand financial support from him. The amount of compensation if you are hit by a car at a pedestrian crossing is determined by the court when considering accident cases on an individual basis. Compensation for causing moral damage is not subject to state duty.

If a citizen is hit by a car at a pedestrian crossing, in order to receive money for treatment, you need to collect a package of documents and submit them to the insurance company of the person responsible for the accident or to the Russian Union of Auto Insurers (if the driver does not have other insurance).

Can the insurance company sue a pedestrian?

According to statistics, in 70% of cases, injured pedestrians are provided with a payment under compulsory motor liability insurance, which is unprofitable for insurance companies. In this case, they can use the right of recourse if it is proven that the pedestrian caused the accident.

There are other legal precedents when a car is insured under CASCO. For example, if the windshield was damaged as a result of an accident, the insurance company must compensate the client for the damage. In this case, the company can also sue the victim because he caused the breakdown.

What do you need to contact an insurance company for compulsory motor liability insurance?

This step is accompanied by the collection of documents that speed up the process of compensation for damage caused to a pedestrian in an accident. You must provide the insurance company with:

• copy of passport/official document;
• Bank details;
• a copy of the driver’s fault report issued by the traffic police;
• medical certificates and other documents indicating the nature and severity of injuries;
• a certificate from an ambulance that responded to a call at the time of an accident at a pedestrian crossing;
• power of attorney (if the applicant is not present in person).

It is advisable to file supporting papers in the folder that will help resolve controversial issues faster. In addition, you must fill out an Application in the established form and attach it to the main package. In order to avoid unlawful refusal and delay in cash payments, you should keep copies of all papers.

Applications for compensation for personal injury after an accident can be found here.

What amounts can you expect?

The maximum amount of compensation under compulsory motor liability insurance for participants in an accident in 2020 is 500,000 rubles. At the same time, insurance companies have special tables that determine the ratio of the amount of insurance payment and the degree of damage to health. For example, when receiving a 2nd group disability, they pay 350,000 rubles, while for a penetrating spinal injury they provide only 35,000 rubles. Payment of compensation under compulsory motor liability insurance for the death of a pedestrian is 500,000 rubles, plus 25,000 rubles are allocated for burial.

When a person is in serious condition, only close relatives can prepare all documents for the insurance company or the court.

If the paid insurance amount is not enough, the remaining funds can be claimed from the guilty party. To do this, you need to prepare all receipts for the provision of paid services and extracts from the treatment card. In the event of the death of a person who had minors or disabled people as dependents, the court may order mandatory payment of a monthly benefit to the victim’s family.

How can a pedestrian receive compensation for damage to health, property and moral damage? You can receive the maximum possible amount by using all legally possible levers: this is compensation under compulsory motor liability insurance and recovery of the missing amount from the driver. However, compensation for moral damage can only be demanded through the courts. The main thing is to enlist the support of a good lawyer who can prove that the plaintiff suffered significant material losses due to the accident. There is no statutory limit on the amount of compensation.

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.

What is the responsibility for a person hit on the highway?

Below we will consider in order the 2 main issues in this type of accident:

1. who, how and on what basis establishes the guilt of the pedestrian and the driver and, accordingly, what will be faced in terms of punishments,
2. who, to whom, in what amount will pay damages?

That is, you need to understand that liability can be administrative/criminal as a measure of punishment for committing a violation by the state; as well as civil - if you caused harm or damage to someone, then you have the obligation to compensate for it.

So, to understand everything described below, we will immediately present several important subtleties regarding the cases we are considering.

• First of all, liability depends on guilt. As long as the driver's guilt has not been established, he is in no danger. Until the pedestrian’s guilt is established, nothing will happen to him either. Moreover, only the court establishes guilt. In this case, traffic police officers can issue a resolution with a fine; this will be the basis for compensation for damage, but formally the fine does not determine guilt.
• The above applies to administrative or criminal penalties. But there is also a civilian one. And here is the most interesting and sad thing for the driver. It occurs even in the complete absence of the driver’s guilt. This is so because the latter exploits a source of increased danger.
• But there is good news - if you have a valid MTPL policy, damages (except moral ones) are compensated by the insurance company.

Accordingly, in order to determine what threatens after an accident with a collision with a person on the highway, you must first find out who is to blame for this or that violation.

How much money should you ask for if you are hit by a car at a pedestrian crossing?

The imposition of a fine on the culprit of a traffic accident is provided for by law. In such a situation, it is simply inappropriate to ask for money for treatment based on personal reasons. The amount to be issued is determined by the availability of a document on the cost of medications, treatment, services of professional health workers or institutions where rehabilitation was carried out.

In addition, the defendant is obliged to pay for a nurse if constant care for a sick or disabled person is required. Expenses for those days when the hit pedestrian was disabled and deprived of earnings are taken into account.

If you are hit by a car at a pedestrian crossing, the amount of compensation is calculated based on factors such as the degree of harm to the victim, the financial viability of the perpetrator, the circumstances of the accident and other details. When physical and moral harm is caused, the court makes a decision on the amount of payments.

Litigation statistics show the following figures:

• up to 1 million rubles – in case of death of a pedestrian;
• up to 100 thousand rubles – in case of serious bodily injury;
• up to 50 thousand rubles – average degree of harm;
• up to 20 thousand – light damage to the victim.

The car owner pays money until the victim’s health is restored.

The driver's actions in the event of an accident due to the fault of a pedestrian

The result of determining the person responsible for an accident largely depends on the actions of those involved in the accident. Since the motorist was driving a source of increased danger, it is he who needs to prove his innocence and monitor compliance with the procedure after an accident.

Actions of the driver before the arrival of the traffic police

First of all, it is worth remembering that even if a pedestrian who was hit by a car assures the motorist that everything is fine with him and he does not need help, it is better to insist on your own and call the traffic police officers to the scene of the accident.

In judicial practice, there are many cases when a pedestrian, having returned home, makes a competent statement about a collision with him. Moreover, this document will contain all the information about the car and the driver’s data.

In this case, the driver of the vehicle cannot avoid responsibility, since he will be considered the culprit of the accident. In addition, the court will also take into account the aggravating circumstance of the accident - the person at fault fled the scene of the accident, which entails the deprivation of a driver's license.

To avoid such unpleasant consequences, if the pedestrian insists not to call the traffic police (minor damage, and there is no time to wait for the traffic inspectors to arrive), the motorist must take a receipt in which the victim writes that he has no complaints. This document acts as an agreement on mutual reconciliation of the parties.

However, it is worth remembering that such a receipt will not have any legal force in court. Therefore, it is best to immediately call traffic inspectors to the scene of the accident to record the fact of an accident involving a pedestrian.

Before traffic police officers arrive at the scene of an accident, the driver must copy down the information of eyewitnesses of the incident. In addition to your full name and contact details, it is advisable to take their written evidence, confirmed by a personal signature. In the future, these documents can be added to the case file and used as evidence of the motorist’s innocence in court.

If there are signs of braking, a warning triangle must be installed exactly at the beginning of the braking distance. This will allow traffic inspectors to determine the distance from which the driver began to stop the car. This fact is evidence that the motorist tried to prevent a collision. In addition, from this data, the expert can calculate the speed at which the vehicle was moving.

In order for specialists to have the opportunity to conduct an automotive technical examination, you should not touch shards of glass, plastic or other parts of the car.

Before traffic police officers arrive at the scene of an accident caused by a pedestrian, the driver must record the position of the vehicle and the victim in relation to large stationary objects.

Actions after the arrival of the traffic police

When traffic inspectors arrive at the scene of an accident, the motorist must follow a certain procedure.

1. When drawing up an accident report, the driver must constantly be close to the traffic police officers, monitor the numbers they record and the information entered into the accident report. It is worth remembering that the diagram and protocol should be signed by the motorist only after a complete study of these documents. The driver has the right to make his own changes to the protocol if, in his opinion, there are any inaccuracies in the document. It is best to involve a lawyer at the stage of drawing up the protocol so that he can check the accuracy of the information reflected in the document.
2. Under no circumstances should you be rude or argue with police officers. It is best to talk to them adequately and with restraint. If the driver for any reason does not agree with the information specified in the protocol, he has the right to appeal the received document within 10 days, supporting his point of view with evidence (camera recordings, witness statements).
3. The accident diagram must necessarily record the conditions and obstacles that could have caused the accident. To prove his innocence during a trial, the car owner needs to achieve maximum detail of the circumstances of the accident. In judicial practice, there are many cases where pedestrians deliberately created emergency situations and persuaded witnesses in order to obtain monetary compensation from the driver.
4. The final stage is obtaining recordings from video recorders of witnesses to the incident and surveillance cameras. However, you should hurry here - recordings from CCTV cameras are stored for only 3 days, so if the driver does not manage to receive them within this period, he will lose evidence of his innocence.

Unfortunately, situations where a car driver is unreasonably accused of causing an accident occur quite often. Therefore, it is worth preparing in advance and learning how to act correctly, so that in the future you will have the opportunity to prove your innocence in court.

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.

Trial

If a person was hit by a vehicle at a pedestrian crossing, during the proceedings the parties must tell their vision of the current situation and explain all controversial issues. The plaintiff puts forward demands and argues for them. The defendant may agree with the claims made by the opposing party to the proceedings or refute them by presenting his own arguments. The judge hears from both the defendant and the plaintiff. Based on the data obtained, an objective decision is made. The judge determines the amount of payment, establishes the fact of moral damage and the amount to compensate for it. The norms of current legislation and judicial practice are taken into account.

Reconciliation of the parties

Judicial practice shows that as a result of reconciliation between the parties, criminal liability is removed from the perpetrator of a road incident. By decision of the judge, the terms of the administrative penalty may be reduced provided that the material damage is compensated in full.

Even if the relatives of the deceased pedestrian agree to withdraw all claims against the driver, the trial does not stop; the circumstances of reconciliation can only mitigate the punishment to a small extent.

There are cases in which the pedestrian is to blame, and his frank testimony in court will become an argument for imposing a light sentence.

One wrong word and you'll go to jail

Lawyers note that it is important not to get confused about the terms. An incorrect remark will be enough for the inspector to draw up a protocol with incorrect data, according to the driver, and then - deprivation of rights and a suspended sentence. It is strictly forbidden to call emergency braking sharp. Sharp braking leads to skidding, which increases the braking distance. Sharp braking is an incorrect action from the point of view of traffic regulations, which can lead to an emergency situation. Skidding a car during emergency braking should in no case be called pulling the car to the side. A diversion, especially if there are casualties or deaths, is almost 100 percent an issue.

Unlocking the wheels, which is necessary to maintain the trajectory, should in no case be called stopping braking and releasing the brake pedal. Such terms will be interpreted by the investigation not in favor of the driver.

It is necessary to warn the pedestrian with a light and a signal at the same time as braking. The bottom line is that, from the point of view of traffic regulations, flashing high beams and honking horns before applying emergency braking are incorrect actions on the part of the driver, and the court can interpret them as the cause of a collision.

There is also no need to tell the inspector about feeling unwell, not to mention the technical problems of the car. The fact is that a painful, tired and nervous state sharply worsens the driver’s reaction. According to the rules, it is prohibited to drive a car in a painful condition that threatens safety (dizziness, nausea, suffocation, pain). Thus, the painful condition will be interpreted not in favor of the driver. In such situations, you can’t take the pity of inspectors either, and an obvious lie can be recorded and in court will become evidence of guilt.

The simple rules described above will help not only to correctly file an accident, but also to provide the driver with “emergency legal assistance.” Further, based on the right actions and the right words, lawyers in court will prove innocence.

What should relatives do if a pedestrian is in serious condition or has been hit and killed?

The death of a pedestrian involves his relatives in the investigation. They are the ones who must fill out the application form and submit it to law enforcement agencies, monitor the progress of the case and demand a search for the driver if he left the scene of the crime.

Relatives must interact with the investigator and file a petition to recognize one of them as a victim in order to act legally in the future. Similar measures are taken when the victim is in a coma or is unable to consciously respond to what is happening.

Next, you should visit the insurance company. In Art. 12 Federal Law No. 40 “On Compulsory Motor Liability Insurance” states that close relatives of a pedestrian have the right to receive monetary compensation in the event of serious injury or death to the latter. If a person was hit by a car at a pedestrian crossing, his relatives can apply to the insurance company for compensation if they have the following documents:

• statements;
• copies of the victim’s passport;
• death certificates;
• traffic accident protocol;
• paper confirming the relationship with the victim;
• documents indicating a deterioration in the family situation due to the loss of a breadwinner.

Part of the amount received is allocated for the funeral of the pedestrian (if he did not survive), the rest of the money remains with relatives to improve their quality of life.

Judicial practice regarding pedestrians hit on the highway

Let us now turn your attention to the practice of law enforcement described in this article and give several examples.

• In the Perm Territory, a court sentenced a taxi driver who killed a pedestrian who was crossing the road in the dark outside a pedestrian crossing and was, moreover, drunk. The driver, meanwhile, was speeding. The court, however, did not take into account the violation by pedestrians in principle, but accepted the fact that they were crossing in the wrong place only as a mitigating circumstance. In addition, the taxi driver called the ambulance and rescuers as a mitigating factor. However, the court sentenced the man to 2 years in prison and compensation for damages to the relatives of the deceased drunken woman in the amount of 500,000 rubles.
• In one of the Rostov courts, a judge acquitted a driver who hit a drunken pedestrian with his car who was crossing the road in the wrong place. This act of judicial practice logically describes the sequence of judgments that pedestrians do not have priority when crossing outside the zebra crossing. And the driver also found no violations and found out that he had taken all measures to avoid a collision.
• The Trans-Baikal court sentenced a girl driver to 3 years in prison and deprivation of her driver's license for hitting a pedestrian on a highway outside a populated area in the dark. But the most important circumstance of this accident is that the pedestrian was walking along the roadway 70 cm from its border with the side of the road, without reflective elements. However, the judge indicated that the female driver violated paragraph 10.1 of the traffic rules because there were no signs of braking, and she herself testified that she was looking in the left rear-view mirror during the collision.

Compensation for damage if the pedestrian is at fault

An accident on the road is not always the fault of the motorist. A pedestrian is an equal participant in road traffic, and he bears no less responsibility (according to Article 1064 of the Civil Code of the Russian Federation). If he violated traffic rules and is guilty of causing a collision with the owner of a vehicle, he faces the following types of punishment:

• payment of compensation for damage caused to the vehicle (Article 1064 of the Civil Code of the Russian Federation)
• a fine of 1-1.5 thousand rubles for harm to health of mild/moderate severity (part 2 of article 12.30 of the Code of Administrative Offenses of the Russian Federation);
• forced labor or stay in prison for 2 years for severe injuries (Part 1 of Article 268 of the Criminal Code of the Russian Federation);
• imprisonment for a period of 4 years for the death of the driver (Part 2 of Article 268 of the Criminal Code of the Russian Federation);
• imprisonment for 7 years for the death of two people (Part 3 of Article 268 of the Criminal Code of the Russian Federation).

In addition, the pedestrian is obligated to pay money for material damage (failure of spare parts). However, in practice, achieving justice in terms of financial compensation turns out to be much more difficult, although the law clearly stipulates the moments of collecting liability from both the car owner and the pedestrian.

Does OSAGO compensate a pedestrian?

Yes. The vehicle insurance is designed to protect the driver from liability to other road users. And this is not limited to compensation for damages under compulsory motor liability insurance when causing damage to other cars.

In particular, OSAGO works in the following situations:

• if you hit a pedestrian and got him dirty, his clothes were torn, his phone was broken, and so on, then the pedestrian’s insurance will compensate for property damage within the established limit of 400 thousand rubles,
• if, as a result of a collision with a pedestrian, he is killed or harm is caused to his health, then OSAGO will compensate for this harm; the limit is already 500,000 rubles,
• and even if the driver fled the scene of the accident, then according to the auto civil law the pedestrian is subject to compensation in the form of a compensation payment; basis – paragraph 1 of Article 18 of the Federal Law “On Compulsory Motor Liability Insurance”.

And even more unexpected - even if the pedestrian is at fault, he will still be able to receive compensation from the car owner's insurance. But we’ll talk about this possibility a little lower – in terms of civil liability.

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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.

Driver's civil liability

It similarly consists of compensation for damage caused to property, life or health of a pedestrian, and in cases where the driver is entirely at fault for the accident, everything is very clear. But there is one important subtlety when the driver is obliged to compensate for the harm to the pedestrian if the former is innocent.

Article 1064 of the Civil Code prescribes compensation for harm specifically to the person causing the harm, but there is also Article 1079 in the Civil Code of the Russian Federation, which establishes the obligation of such compensation in the event that there is no fault of the person at all. This is a source of increased danger.

Owning a car, as well as driving it, is the use of IPO. And there are exceptions to refunds. The obligation of the IPO owner to pay the pedestrian ends in 2 cases:

• the collision with the pedestrian occurred as a result of the latter’s intent, and this is a fact proven in court,
• the harm occurred due to force majeure.

If several cars and a pedestrian were involved in an accident, then the drivers, as owners of the IPO, bear joint and equal responsibility (Part 3 of Article 1079 of the Civil Code).

We will consider the details of this subtlety below in situations.

Judicial practice under Article 1079 of the Civil Code of the Russian Federation.

Something else useful for you:

• Everything about electric scooters in questions and answers: rules, fines and the latest news
• A drunk driver or without a license after an accident - is it possible to change places with a passenger and what are the consequences?
• In what cases is it necessary and not necessary to write a pre-trial claim to the culprit and under compulsory motor liability insurance?

If the driver is not guilty, but the pedestrian is guilty

Thus, in this case, in standard situations, the following distribution of responsibilities of the parties to the accident occurs:

• the pedestrian, since he is at fault for the accident, compensates for property and other damage to the driver under Article 1064 of the Civil Code,
• the driver also compensates for any harm to the pedestrian on the basis of Article 1079 of the Civil Code as the owner of the IPO.

Does MTPL cover damages under IPO?

Yes. Since the driver’s liability is insured, damage to a pedestrian in an accident is compensated by insurance. The pedestrian participant, as the culprit, pays the driver from his own pocket.

At the same time, the driver, of course, will not receive payment for his own car under compulsory motor liability insurance - only a pedestrian has such a right.

And this is the very illogical, at first glance, case when, even if the driver is not at fault in the incident, his responsibility comes (at the same time, there is no punishment), and his BMI increases if the pedestrian applies for damage compensation.

In addition, please note that, according to judicial practice, also due to the possession of an IPO, damages are compensated not only in an accident between a driver-pedestrian, but also a driver-cyclist and a cyclist-pedestrian.

If the motorist fled

In cases where, in an accident involving a collision with a pedestrian, the driver of the car fled the scene of the accident, then even if the guilt of the pedestrian participant is confirmed, the damage is also subject to compensation under the IPO. However, it is no longer paid by the driver, but by the owner of the vehicle.

The fact is that 1079 Civil Code speaks specifically about the owner of the car. And if the driver is not identified, the owner is the owner.

Judicial practice on compensation under the IPO if the driver fled the scene of an accident.

Incident in the yard

People on foot in residential areas have an advantage because they can move along the street unhindered and wherever they want, even if they unwittingly interfere with cars. Cars must drive in courtyards at a speed of no more than 20 km/h (Section 10.2 of the Traffic Regulations).

That is why the driver in the vast majority of situations will be in the wrong when unintentionally hitting a pedestrian. However, if the injured party has no claims, the parties can separate amicably.

If an emergency situation occurs in the local area with a child, the procedure does not change. First of all, he is provided with medical assistance, and then law enforcement agencies are involved to identify the details of the collision.

Forensic examination of an injured pedestrian

Typically, accidents involving pedestrians, where they were injured, last quite a long time - up to 1 year. The reason for this is the fact that the harm caused to their health has been established. The same situation occurs in accidents involving only cars, it’s just that in such cases there are fewer victims, so for an accident with a collision with a pedestrian this becomes more relevant.

The duration of the administrative investigation here directly correlates with the lengthy process of ascertaining injuries and their extent. As a result, the driver is given a certain punishment if he is guilty.

But even a pedestrian under compulsory motor liability insurance will not be able to receive compensation from the driver until the completion of the forensic medical examination and a decision on the liability of the motorist.

What does failure to register a collision entail?

It happens that a pedestrian agrees to “hush up” the story of a collision without contacting the police. He was not seriously injured, and therefore does not want to drag himself into the tedious process of filling out a protocol. It would seem that this option is ideal for both parties. After all, you don’t need to wait for the traffic police to arrive, collect papers, or participate in interrogation if you are called to the investigator.

However, an injured person who is hit by a car at a pedestrian crossing may not fully adequately perceive the situation that has occurred. Without undergoing a full examination by a qualified medical professional, he risks his health. Perhaps a slight pain in the head is not a bruise, but a concussion. And this is where the pedestrian’s integrity is put to the test.

If there is evidence, he can easily demand compensation for personal injury. Therefore, in any case and always it is necessary to register an accident according to the law.

It also happens that the victim escaped with minor injuries and does not want to appear in the case. You should take a receipt from him stating that there are no claims. This way, the driver will be able to protect himself from the possible consequences of blackmail and administrative penalties.

Get ready for hate

From start to finish, the driver will be considered guilty. If the incident was caught on video and published on Krasnoyarsk social networks, you will experience a waterfall of negative comments - from condemnation to direct insults in the rudest form. This can be not just unpleasant, but even traumatic, so it’s better not to read what users write.

There will also be few of your supporters in the police and courts. “A car is an object of increased danger,” so few circumstances can justify you.

Throughout all the processes and even after, you may be haunted by a feeling of guilt and misunderstanding: “Why did this happen to me?” You may also have a fear of getting behind the wheel and generally riding in a car, even as a passenger. If you can't cope with this on your own, you might want to see a psychologist.

An accident with a pedestrian can hardly be called an ordinary incident; it is a serious test for both the driver and the victim. No matter how hard it is, remember - this too shall pass. There are many options for the development of events after an incident, but we hope our advice will help you navigate the solution to the problem.

Online newspaper Newslab, photo by Alina Kovrigina

Will the motorist be at fault?

In any situation, no matter what condition the pedestrian is in, certain consequences in the form of holding the driver accountable will occur. Despite the fact that pedestrians, as full participants in road traffic, are obligated to cross the roadway exclusively in designated areas, crossing the road in the wrong place, which leads to an accident, will somewhat affect the motorist in any situation.

Judicial practice, when considering cases involving collisions, notes the following types of liability:

• Administrative;
• Criminal;
• Civil.

Knocked down a drunk man outside a pedestrian crossing to death: what responsibility awaits

After an unfortunate collision with a pedestrian, drivers are wondering what punishment is in store for them?

Responsibility for leaving the scene of an accident.

Find out what to do if the culprit of the accident does not admit guilt here.

On the liability of the culprit of an accident under compulsory motor liability insurance

Lawyers remind us once again: if a driver hits a pedestrian with a car, then everything depends on the severity of the crime. The gradation of penalties develops from civil to administrative or criminal liability. At the same time, the fact remains: for law enforcement officers it is not so important that a drunken pedestrian was hit far from the pedestrian crossing. The main problem is that there is irrefutable evidence that the driver is guilty of a traffic accident. If a person, even if he was drunk, dies, then you have to answer in full.

It is possible that the tipsy pedestrian was to blame for the accident. If this is proven, then both administrative and criminal liability will be removed from the driver.

A selection for you!

Download forms and sample documents for motorists to a safe place.

Classification of violations

Road traffic accidents involving pedestrians can be classified into several categories. For a used car? This classification is carried out in accordance with certain characteristics.

The division of collisions with pedestrians into several categories is required to conduct an automotive technical examination during legal proceedings in the case.

The classification of crimes is carried out according to several criteria. The first of them is exactly how the person walked:

1. To the right or left of the vehicle (impact to the side of the vehicle).
2. Directly towards or away from the vehicle (impact to the front or rear of the vehicle).

The second sign is the characteristics of the pedestrian’s movements:

1. A person does not change his speed and direction of movement.
2. The pedestrian stands motionless.
3. A man changes his speed.

The third sign is the characteristics of the car's movements. It could be:

1. The vehicle moves in compliance with a certain speed limit until braking begins.
2. Transport slows down.
3. The car is in a skid and cannot be controlled.

Location of the car where the impact occurred:

1. The front of the vehicle.
2. The rear is often a car.
3. Side of the car.

A separate sign is the characteristics of the impact that occurred:

1. The blow was strong and blocking.
2. The blow was superficial and sliding.
3. The car rolled over the victim's body.
4. A person was crushed by a car.

Another sign by which a traffic accident can be classified is visibility and degree of visibility at the time of the accident:

1. Unlimited visibility.
2. The view was limited by a standing foreign object.
3. The view was limited by a moving object.

Nuances of determining guilt

Determining the degree of guilt of the driver and what punishment he will bear is carried out taking into account the following factors and nuances:

• If the driver fled from the scene of the collision, in such a situation this fact is an aggravating circumstance in which the penalty will be significantly higher than in standard situations;
• The fact that a driver hit a drunk person is practically not reflected in determining the degree of guilt. This fact is due to the fact that a motorist, when operating a car, is obliged to respond in a timely manner to obstacles that arise on the highway, including in the form of a pedestrian, even if his actions violate the traffic rules;
• Mitigation of the penalty or recognition of the motorist as completely innocent is possible only in those situations where, during the investigation of the circumstances, it is proven that the pedestrian deliberately threw himself under a car or other vehicle and only in the absence of the possibility on the part of the motorist to perform a maneuver that would prevent a collision with him;
• The motorist must have information - what to do in situations where an accident has occurred - how to act so that incorrect actions do not entail aggravation of guilt or an increase in the expected punishment. It is very important not to leave the scene of an accident; it is necessary to call an ambulance as quickly as possible if necessary, and also take first aid measures if the pedestrian needs it;
• When determining the degree of guilt, the technical condition of the vehicle is taken into account, the scene of the incident is carefully examined, and the braking distance of the vehicle is measured.

In this article we will look at a fairly popular traffic accident - a collision with a pedestrian outside a pedestrian crossing.

Let me remind you that in the article “Pedestrian Rules on the Road. How to cross the road correctly? The points of the traffic rules regulating the behavior of pedestrians on the road have been reviewed and we will not consider them again.

The main topic of this article is liability for hitting a pedestrian who violates traffic rules.

Appeal to pedestrians

Dear pedestrians! Even if in most cases of collisions the driver is found to be at fault, you will gain nothing from it. Pedestrians typically suffer extremely severe injuries, many of which last a lifetime.

Therefore, remember for yourself and teach all your relatives: near car routes you must do everything possible to avoid being run over. You need to be vigilant even where you have an advantage. A second saved is not worth the months (years) lost in hospitals.

Punishments for drivers whose actions injured or killed people