He knocked down a pedestrian to death and fled the scene of an accident - what does it threaten

Question: My friend hit a pedestrian to death and fled the scene of the accident. What threatens him in this case? He was sober, scared, but now he is ready to turn himself in, but he would like to know the approximate consequences.

Answer: The commission of such an accident with such grave consequences and leaving the scene of an accident forms a whole “bouquet” of very unpleasant structures for the violator, both criminal and administrative. The degree of liability will depend on the circumstances of the accident, but it is possible to bring the driver to justice under the following articles:

Article 12.27 of the Code of Administrative Offenses of the Russian Federation, part 2 - leaving the scene of an accident

Extract from article 12.27 of the Code of Administrative Offenses of the Russian Federation, part 2: click to enlarge

Leaving the scene of an accident, regardless of the consequences, inevitably entails liability under Art. 12.27 h. 2 of the Code of Administrative Offenses of the Russian Federation with deprivation of the right to drive a car for a period of 1 to 1.5 years, or administrative arrest for 15 days. Arrest, as a rule, is applied to persons who do not have the right to drive a car; in all other cases, the violator is guaranteed to be deprived of his rights. Whether the accident was “fatal” or there was a simple collision of cars - administrative responsibility cannot be avoided.

Article 264 part 3 of the Criminal Code of the Russian Federation - traffic violation resulting in the death of a person

Clipping from article 264 part 3 of the Criminal Code of the Russian Federation: click to enlarge

Guilt in a fatal accident that resulted in the death of a person is punished very severely - the offender is threatened with either forced labor for up to 5 years, or imprisonment for up to 4 years. In all cases, mandatory additional punishment will be deprivation of the right to drive a vehicle for up to 3 years. With a full confession of guilt and the presence of mitigating circumstances, persons with no previous convictions receive a “probationary” sentence and can avoid prison. These sanctions apply only to cases where the perpetrator was sober, for “drunk” accidents, the responsibility is many times more severe and almost always associated with real imprisonment.

Depending on the circumstances of the accident, the court may also take into account the unlawful or careless behavior of the victim. There are cases when the driver clearly could not prevent an accident - for example, when the victim suddenly ran out at night on carriageway, not having reflective elements on clothes or even sleeping in drunk on the edge of the road. In such cases, it is even possible to terminate the criminal case due to the absence of corpus delicti, however, the responsibility for leaving the scene of an accident in an administrative manner will in any case come regardless of guilt in what happened.

Leaving in danger - Art. 125 of the Criminal Code of the Russian Federation

Clipping from article 125 of the Criminal Code of the Russian Federation: click to enlarge

If, as a result of an accident investigation, it is established that at the time of the accident the pedestrian was alive, and subsequently died due to failure to provide him with assistance, then a criminal case will also be initiated against the driver for leaving him in danger. The provisions of this article introduce unconditional liability for leaving a person in a life-threatening state who was put in such a state by the perpetrator himself.

For leaving in danger, the perpetrator will have to be punished in the form of imprisonment for up to 1 year, forced or corrective labor for the same period, as well as a fine. See screenshot for details. At first glance, the sanctions for such a criminal offense are small, but coupled with the involvement under Art. 264 of the Criminal Code of the Russian Federation is almost guaranteed to entail real imprisonment.

A proven causal link between the exposure to danger and the patient's death will be important in deciding whether to initiate proceedings under this article. If the victim was seriously injured, but died an hour and a half later from blood loss, then in this case liability under Art. 125 of the Criminal Code of the Russian Federation.

A collision with a pedestrian can happen anywhere: at the crossing, on the roadway, on the sidewalk. The driver is not always to blame for the accident, but he will be responsible for causing harm to health. The degree of his responsibility will be determined according to the behavior of the victim himself.

Most often, inattentive or frivolous pedestrians fall under the wheels, who do not look at the road when they cross it, believing that the driver will immediately slow down. They are not convinced that they see him and let him through, they cross the roadway in the wrong place, they run out from behind cars standing on the side of the road. The situation can be aggravated by bad weather conditions, when visibility is limited, and wet road surfaces.

It happens that pedestrians deliberately throw themselves under the wheels. The reasons can be different: from suicide to the desire to earn money in this way.

However, pedestrians do not always provoke collisions. Drivers, for their part, can also be inattentive. The most common causes of road accidents involving pedestrians are:

• Violation of the speed limit when driving through crossings. Car owners do not slow down and make sure there are no people crossing the road;
• violation of road signs and markings;
• non-compliance with parking rules.

Fatigue, haste, inattention can provoke a collision with a person. Often, drivers ignore the prohibitions and talk on the phone while driving. Distracted from the traffic situation, they do not notice a pedestrian on the road, even in a specified place.

Consequences for the driver

There is a penalty for hitting a pedestrian, depending on the consequences:

• If the driver, having run over a person, did not harm him, then he will get off with a fine.
• For minor harm to health, you will have to pay from 2.5 to 5 thousand rubles in the budget. or lose your driving license.
• Causing harm of moderate severity will cost 10 - 25 thousand rubles. or deprivation of rights for up to 2 years. Also, the driver will have to compensate for the damage to the pedestrian himself.

Serious harm or death will result in criminal prosecution. The sanction for this crime is much greater, the driver may lose not only his license, but also his freedom.

Actions upon collision

If it so happened that a person was under the wheels, you need to act quickly. First of all, stop the car, turn on the emergency gang. This will alert other drivers that an accident has occurred. Passing through this area, they will be careful.

Then you need to help the victim. When providing assistance, it should be remembered that by moving a person, you can cause even more harm to him. Therefore, it is not recommended to move and carry it until the ambulance arrives. It is also impossible not to help, as this entails criminal liability.

After that, call the services: traffic police and ambulance.

If the victim wants to leave, it is undesirable to let him go. First, there are claims for the driver. They consist in the fact that after a while the downed person will write a statement to the police about what happened. Secondly, he may feel worse and die. Even if the victim left on his own, the driver must wait for the traffic police.

Be sure to record witnesses and eyewitnesses, their names and contact details. They might come in handy in court.

Well, if the car is equipped with a DVR. If not, it is recommended to film road signs, coverage, stopping distance, location of the car and the victim. The video will show weather and lighting, which is also important.

Compensation for the damage caused is carried out by the insurance company. However, the victim may demand compensation for non-pecuniary damage. This will have to be done out of your own pocket.

Drafting explanations

Having completed the documents, the traffic police officer will offer the date and time of the visit to the department to give written explanations. A lawyer can be involved in the preparation of this document in order to correctly state the circumstances of the incident, emphasizing the necessary points.

Typically, the explanation includes the following information:

• about the incident (place, date and time);
• scheme of the accident, reflecting the direction of movement, the speed of movement of the participants in the accident;
• information about the weather and the condition of the asphalt or other road surface;
• information about signs, markings, traffic lights;
• other important circumstances.

All the information included in the explanation will be useful to the driver in the future. The more detailed he makes this document, the easier it is to prove his position in the future, for example, in court. An indication of some circumstances does not entail their full acceptance - everything will be checked. For example, the court may make requests to road services about signs or traffic lights at certain intervals. The driver himself has the right to receive this information without waiting for the proceedings.

How harm is determined

Since responsibility depends on the consequences, they should be determined as correctly as possible.

Medical experts are engaged in identifying the degree of harm, who study the consequences, correlate the injuries and the collision, and identify the relationship between them. It is imperative to wait for this document and not make any confessions of guilt.

If it turns out that the injuries sustained as a result of the collision cause serious harm to health, then the case will be sent to the investigating authorities. This means the opening of a criminal case. In other cases, a decision is issued to bring or to refuse to hold liable.

Thus, liability for hitting a pedestrian depends on the consequences: the more severe they are, the more severe the punishment will be. For minor harm or lack of it, the driver can pay fines, but for serious injuries, you will have to pay a round sum.

Hitting a person is a very serious incident that can lead to serious consequences. Because of this, it is recommended that you at least consult with a lawyer so as not to aggravate your situation.

If the pedestrian violated the rules traffic, and he turned out to be the culprit of an accident in which the vehicle was damaged, he will need to be compensated in full for material damage.

This was approved by the Constitutional Court in its decision to refuse to accept the complaint. This waiver will affect many court rulings dealing with complex, contentious cases of road crashes involving pedestrians.

So, a little more about the above situation. Minor A. Raym ran out onto the road right in front of the passing traffic, away from the established pedestrian crossing. Being managed to slow down and slow down, but still knocked down the child. As a result, the injured girl was taken to the hospital.

It took ten and a half thousand rubles to treat the girl. In addition, the child's parents sued the driver for non-pecuniary damage in the amount of twenty-five thousand rubles. All the demands of the girl's parents were immediately fulfilled. the insurance company fully reimbursed the financial costs of treatment, and the driver of the car paid for the moral damage with his own funds.

But the car was also damaged, and its owner turned to the insurance company in which he was. The car was restored, and the insurers, in turn, sued the parents of the injured girl for reimbursement of the full cost of repairs. The thing is that according to the documents and protocols, the girl was found to be the culprit of the accident.

The regional and district courts of the city of Krasnoyarsk considered this requirement quite reasonable, and ruled that the girl's parents are obliged to compensate for the entire cost of repairing the vehicle.

In the supervisory instance, the judge of the Supreme Court made a decision to refuse to consider the complaint against the earlier decision. After that, the Rhyme family filed an application with the Constitutional Court in order to appeal against certain paragraphs of Art. 1064 GKRF.

The Constitutional Court issued a ruling to refuse to accept this complaint. On several sheets it was painted in great detail why. The definition explains, according to Art. 1079 of the Civil Code, the owner of the car is obliged to fully compensate for the harm to life and health, regardless of whether he is the culprit or not. In other words, if a drunk pedestrian fell under the wheels of a car, the driver will not have to pay a fine, and he will not face criminal prosecution. But you will have to pay for the treatment of the unfortunate pedestrian if the victim himself or his family requires it.

The question arises: what should a driver who was injured in an accident do? After all, he is absolutely not to blame for the fact that a pedestrian ran out under his wheels? As a rule, drivers either silently repair the car at their own expense, or apply for payment to their insurers.

There were cases when the driver tried to get compensation for material damage from a pedestrian who violated the rules. Much less often directly insurance companies acted with similar claims. But after the aforementioned decision of the Constitutional Court, there may be more similar cases.

After all, in its definition, the Constitutional Court prescribed that in this situation the perpetrator of the accident is not released in any way from liability for the material damage caused. The Constitutional Court believes that in this situation, the responsibility of the two parties arises. The driver is obliged to compensate for the harm caused to the health of the pedestrian, the guilty pedestrian must compensate the driver for material damage. But at the same time, according to the law, the pedestrian has much more grounds for compensation for harm.

As for the degree of responsibility of the participants in the accident, evidence of guilt, the amount of compensation - this is not a matter of the Constitutional Court, but of a court of general jurisdiction.

V. Sokolov, chairman of the public interregional movement "Union of Pedestrians" expressed his opinion on this situation:

We believe that with this approach to the case, the injured pedestrian is completely deprived of the opportunity to improve his undermined health, because he is obliged to pay money for the material damage of the car that hit him.

The fact is that the court establishes the amount of material damage caused to the car, based on the conclusion of an independent examination conducted by certified specialists, and the amount of compensation for damage to health is determined only by a judge who does not have the necessary medical knowledge, in an emotional-empirical way based on personal experience and someone's law enforcement practice.

And it is as follows: the amount of damage to health injured in an accident cannot exceed one hundred thousand rubles, for serious harm compensation - five hundred thousand rubles. The problem is that in our country the cost of human life has not been officially determined.

Now let's imagine that the guilty pedestrian was hit by a Rolls-Royce or a Maybach: damage for a dented hood and broken glass may amount to two million rubles, and the acquired disability will be estimated at five hundred thousand rubles. What comes out, the pedestrian or his family will pay this damage until the end of his life?

The decision of the Constitutional Court has become very useful for all of us. We clearly understood in what part we need to improve Russian legislation - this is our Civil Code, we will certainly formulate all the necessary amendments to the code and apply to State Duma asking for important corrections.

Question: On pedestrian crossing Mom was hit by a car. Green light. There are witnesses. An application has been made. The driver fled the scene. The driver has now been found. The girl came with her father and offered to settle the matter peacefully. Mother ( old man) signed an agreement with a payment of 10 thousand rubles. Mom has two cracks in the bone. The car is a Lexus. A completely ridiculous compensation has been offered, which, it is not even clear whether it will be enough for treatment. Question two:

1. Is it possible to cancel this agreement. Mom, in the presence of a lawyer, wrote with her own hand that she agreed to close the case with compensation of 10 thousand. But the lawyer asks for an x-ray, without which the case cannot be closed. Mom hasn't given an x-ray yet.

2. What punishment can a driver get if his mother serious damage no. There are only two cracks in the bone (confirmed in the ambulance after the collision). Mom walks, but by the evening her leg is terribly swollen. What to do is unclear.

Answer: Hello. It's not clear from your question how serious the injury was.

If we are talking about causing minor bodily harm, then this offense is qualified as an administrative offense under Part 1 of Article 12.24 of the Code of Administrative Offenses of the Russian Federation.

Part 1 of Article 12.24 establishes that a violation of the Rules of the Road or the rules for operating a vehicle, which caused minor harm to the health of the victim, entails the imposition of an administrative fine in the amount of one thousand to one thousand five hundred rubles or deprivation of the right to drive vehicles for a period of one to one and a half years.

When causing harm to health of moderate severity - part 2 of article 12.24 of the Code of Administrative Offenses of the Russian Federation.

Part 2 of Article 12.24 establishes that Violation of the Rules of the Road or the rules for operating a vehicle, which caused moderate harm to the health of the victim, entails the imposition of an administrative fine in the amount of two thousand to two thousand five hundred rubles or deprivation of the right to drive vehicles for a period of one and a half up to two years.

In addition, for leaving the scene of an accident, administrative liability is provided for under part 2 of article 12.27 of the Code of Administrative Offenses of the Russian Federation

Part 2 of Article 12.27 of the Code of Administrative Offenses of the Russian Federation establishes that the driver, in violation of the Rules of the Road, leaving the scene of a traffic accident in which he was a participant, entails deprivation of the right to drive vehicles for a period of one to one and a half years or administrative arrest for a period of up to fifteen days .

Don't give me an x-ray. Let them get it on their own. Termination of cases by an amicable agreement within the framework of administrative legislation is not provided. At best, these are circumstances mitigating administrative responsibility.

As a victim, you have the right to file petitions within the framework of an administrative case. In particular, on the application of the maximum measure of administrative punishment. And if they are not wound up, then apply for initiation of proceedings. Previously reached agreements do not apply to administrative matters.
However, as part of the civil process, you have the right to file a claim if the amount of compensation you are not satisfied with. Moreover, the defendant in this case may also be the insurance company of the culprit, which will subsequently issue a recourse claim to him.

As for compensation for non-pecuniary damage, this claim is brought only against the defendant. Bring to the culprit of the accident in writing information about the unilateral termination of the previously signed agreement by registered mail with a notification and a description of the attachment.

A previously concluded transaction may be invalidated by virtue of Article 177 of the Civil Code of the Russian Federation:

Article 177
1. A transaction made by a citizen, although capable, but at the time of its conclusion in such a state that he was not able to understand the meaning of his actions or manage them, may be recognized by the court as invalid on the claim of this citizen or other persons whose rights or legally protected interests are violated as a result of its commission.
2. A transaction made by a citizen subsequently recognized as legally incompetent may be recognized by a court as invalid at the suit of his guardian, if it is proved that at the time of the transaction the citizen was not able to understand the meaning of his actions or manage them.
3. If the transaction is declared invalid on the basis of this article, the rules provided for in paragraphs two and three of paragraph 1 of Article 171 of this Code shall apply accordingly:

Each of the parties to such a transaction is obliged to return to the other everything received in kind, and if it is impossible to return what has been received in kind, to reimburse its value in money.

The capable party is also obliged to compensate the other party for the real damage it has suffered, if the capable party knew or should have known about the incapacity of the other party.

What must be done by a driver who hit a pedestrian? We will analyze the necessary actions of the driver in this difficult situation in detail and in stages.

Hello dear blog readers.

When a driver hits a pedestrian, it is always a severe tragedy and stress for all participants in the accident. Unfortunately, according to statistics most of traffic accidents (RTA) on the road is a collision with a pedestrian. It always happens unexpectedly. Everything was fine and suddenly an accident! We cannot foresee the future and, sitting behind the wheel of a car, none of us is immune from various kinds of accidents. In order to stop the development of this tragedy, in order not to become guilty without guilt, not to harm the downed pedestrian and yourself, you need to remember forever the driver's actions in an accident. So that in any stressful situation you could follow these simple rules.

Mandatory actions of a driver who hit a pedestrian

1. stop (switch off) the car and turn on the emergency gang.

2. approach the downed pedestrian and assess the general condition of the victim.

3. do 3 phone calls : first call - to a single number 112 by calling the police and an ambulance (if required). The second call should be addressed to the auto lawyer. The third call you make is to your insurance company.

4. collection and recording of contacts of eyewitnesses of how a pedestrian was hit. Take pictures of the scene of the accident and wait for the arrival of the ambulance, police and auto lawyer.

Now we will analyze in more detail all the necessary actions of the driver who hit the pedestrian

First action- be sure to stop, turn on alarm, expose emergency sign. That is, to comply with the requirements of traffic rules when making an accident (more). Do not remove the vehicle from the scene of an accident under any circumstances. Stay where you are with the sign. If you drive away from the place where the pedestrian was hit, then you may be accused of violating clause 2.5 of the traffic rules and punished under part 2 of article 12.27 of the Code of Administrative Offenses of the Russian Federation dated December 30, 2001 N 195-FZ (as amended and supplemented, entered into effective from 01.03.2015). Failure to fulfill obligations in connection with a traffic accident, which entails the deprivation of the right to drive vehicles for a period of one year to one and a half years or administrative arrest for up to 15 days.

There is no need to leave the scene of an accident, the practice of punishing drivers suggests that drivers who hit a pedestrian and then left the scene of an accident (they took the hit pedestrian to the hospital on their own) were subsequently found guilty of hitting that pedestrian. Leave the scene of an accident where there are victims, it is possible only in cases of emergency. These cases of extreme necessity are very difficult to prove in court.

For example, a driver hit a pedestrian in the desert, where you can not call an ambulance, where there are no people and other cars. Such a variant of the development of events may be recognized by the court as a case of extreme necessity. But, if you hit a pedestrian in the city and took him to the hospital in your car, then your actions fall under Part 2 of Art. 12:27, and there will be punishment accordingly. Such actions of a driver who hit a pedestrian are not a case of emergency, because you can: call an ambulance, send the victim with another car, and so on. There is also no need to leave and hide from the scene of an accident.

If the driver hit a pedestrian and fled

In the end, he will be found and will definitely be accused of a perfect collision with a pedestrian. Even if he was not to blame, and the pedestrian threw himself under the wheels to commit suicide. A driver who fled the scene of a collision with a pedestrian can be charged with leaving a person in danger, and this is already a criminal article.

Second act- approach the downed pedestrian and assess the general condition of the victim. If you are a doctor, then everything is clear. But if you do not have a medical education, then it will most likely be problematic to assess the injuries, and even more so to provide him with first aid. It is in the cinema that every passer-by has the skills of a resuscitator doctor, knows how to do heart massage and artificial respiration. In reality, illiterate assistance to the victim can lead to more serious consequences and death. There are a lot of cases when a person died not as a result of a collision, but from subsequent incorrect actions of unqualified help. Evaluate only the general condition and, helping the victim, do not overestimate your capabilities and abilities, do no harm!

Third act

A driver who hit a pedestrian must make 3 phone calls - call the police and an ambulance.

If the downed pedestrian has serious injuries and his life is in danger (you were able to determine this when examining the victim), and there is no time to wait for an ambulance, then stop the passing car and send the victim with him to the hospital (do not touch your car, let it stand at the scene of an accident ). Call by phone 112 for emergency calls to special services (calls to emergency services are free of charge, as well as calling emergency services from mobile phones — 010 - calling the fire brigade and rescuers; 020 - calling the police; 030 or 130 - call an ambulance) and call an ambulance and the police if a pedestrian has been hit by a collision. If the pedestrian was not injured after a collision with a car, but simply dusted himself off and walked, then in this case, stay where you are and call the traffic police inspectors (an ambulance is not needed).

Pedestrian left the scene of the accident

There are many cases when a pedestrian hit by a driver left the scene of an accident. Then he wrote a statement to the police that he was hit by such and such a car (he writes down the data of the car that hit him) and fled the scene of the accident without helping him. The options are different. This could be a scam to extort money from the driver for something they didn't do. A post-stress state, when a person came home and only then realized what had happened to him, or someone advised him.

If the downed pedestrian was not injured, has no claims against you and no one wants to call the police, then before you disperse, in extreme cases, exchange receipts. In the receipt, do not write about the accident that happened (there should not be the words: accident, accident). Write that there was no collision, the car stopped abruptly, no material and other damage and harm was caused to any of the parties, as well as to the property of the parties, the car was not damaged, no one was injured, no one died, that the parties have no claims against each other. Only this kind of receipt can save you from the dishonesty of the second participant. And it’s good if there are witnesses whose details you enter in your receipts. But this is an extreme case, it is better to call traffic police inspectors at the scene of an accident.

Second call

Should be addressed to an auto lawyer. Most likely, you do not know the number of a car lawyer (unfortunately, accidents and road accidents happen all of a sudden), so call the help desk and find out the number of a car lawyer in the help desk. If your phone is connected to the Internet, then go to the Internet from your mobile and look for a car lawyer. Call your friends and ask them to find you the phone of a car lawyer. This must be done without fail, especially if the pedestrian is badly injured or killed. Call and consult all your actions with a car lawyer.

Keep in mind that you have the right to use legal assistance (part 1 of article 25.1 of the Code of Administrative Offenses of the Russian Federation) at any time. In a situation where a driver knocked down a pedestrian, when the driver is not guilty, but he is made guilty, only a professional in his field, in this case a car lawyer, can help. And remember, you don’t need to say anything to anyone, prove, explain, sign without consulting a car lawyer, otherwise you can easily become guilty without guilt. If you are not a specialist in the field of jurisprudence, then any of your words, signature, can only harm you.

Third call what you need to do after hitting a pedestrian is a call to your insurance company. Call and report an accident with a collision with a pedestrian. According to the law on OSAGO dated April 25, 2002 N 40-FZ (as amended on November 4, 2014), in the event of harm to a pedestrian through the fault of the driver, the insurance company will make an insurance payment of up to 160,000 rubles to compensate for harm to life and health.

Fourth act after hitting a pedestrian

Waiting for the arrival of traffic police, do not waste time. Try to recover from the stress experienced, start writing down the contacts of eyewitnesses of how a car hit a pedestrian. Even if everyone around you is negative. It is necessary to record eyewitnesses who saw the accident itself, the collision with a pedestrian, how this collision occurred, the process itself, and not its consequences.

It is important! Gather their data. It is best if the eyewitnesses of the accident wait for the traffic police to arrive and be able to give the inspectors an explanation about the accident right on the spot. Witnesses are necessary (even those who speak negatively about you), because in the absence of witnesses to an accident in the courts, as a rule, the case is decided not in favor of the driver. Look for recordings from registrars, from outdoor surveillance cameras.

Be sure to take pictures of the scene of the accident, signs of braking, fragments of headlights, glass, signs of damage to the car, the location of the car on the roadway. Take pictures of all road signs around the accident, the condition of the road (snow, ice, wet asphalt). The more evidence you collect, the better for you. Don't let everything go by itself. Don't expect Sherlock and Watson to come and investigate. Will arrive simple guys who have a lot of routine work. For you, an accident is a tragedy, but for traffic police officers it is a common job.

accident with a pedestrian

Accidents involving pedestrians (collision with a pedestrian) are issued according to general rules unless the accident resulted in death.

Your task is to collect as much evidence of the accident as possible before the traffic police arrive, so that the investigator who will deal with your case has complete and objective information about what happened. That is why you need to collect evidence and be sure to consult with a car lawyer. Keep in mind that civil liability arises even if the driver is not at fault, and it is very difficult, and sometimes even impossible, for an ordinary motorist to figure it out on their own without a legal education and knowledge of constantly changing laws.

Call a car lawyer, call him to the scene of an accident, do not sign any papers without first consulting with a car lawyer. If traffic police inspectors insist on signing, then say that your lawyer has already left and will now be at the scene of an accident. Call, consult and only after that sign or speak. A lot depends on your words, actions, signatures, even your freedom.

If you or your friends had an accident and the driver hit a pedestrian, do not waste your time looking for various information, but contact a professional lawyer right away. If you have any questions for an auto lawyer, then ask them right now.

That's all for today. Next time I'll talk about motorist set .

Have a safe ride!

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