Accident at a pedestrian crossing - punishment for the driver

Hitting a pedestrian at a pedestrian crossing - liability in 2019

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An accident in which a pedestrian was injured is already a serious incident in itself, and if it happened at a crossing, the driver’s guilt is greatly aggravated. If some drivers did not show the necessary zeal in studying traffic rules and managed to forget the consequences of an accident with a collision with a pedestrian walking along a zebra crossing, we strongly recommend filling in the gaps in knowledge. We hope that after reading this article every driver will become more careful on the roads, including pedestrian crossing areas.

Punishment for hitting a pedestrian at a pedestrian crossing

According to the traffic rules, a pedestrian crossing is an area of ​​the roadway where priority is given to a person traveling on foot. A crosswalk accident is a traffic accident involving a moving vehicle (VV) and a pedestrian. Regardless of the cause of the collision, in an accident at a crossing, in virtually any circumstances, the driver of the vehicle is at fault (except for the situation when a citizen deliberately throws himself under the wheels). The legislation provides for the following types of liability depending on the severity of the damage caused to the pedestrian:

• civil;
• administrative;
• criminal

Since the measures applied to the violator can vary significantly, let’s take a closer look at what threatens a driver who hits a person at a pedestrian crossing.

Civil responsibility

This type of liability arises as a result of harm caused to the victim by a source of increased danger, according to Art. 1079 of the Civil Code (Civil Code of the Russian Federation),:

Legal entities and citizens whose activities involve an increased danger to others (use of vehicles, mechanisms... etc.) are obliged to compensate for damage caused by a source of increased danger, unless they prove that the damage arose due to force majeure or the intent of the victim.

Important : if the driver is not the culprit of the accident, he is still obliged to compensate the victim for the damage caused. At the same time, the punishment for hitting a pedestrian at a pedestrian crossing in 2019, in accordance with the provisions of Art. 1083 of the Civil Code of the Russian Federation, the amount of compensation may be canceled or reduced:

Damage caused by the intent of the victim is not subject to compensation. If the gross negligence of the victim himself contributed to the occurrence or increase of harm... the amount of compensation should be reduced.

Administrative responsibility

This type of liability is established by the Code of Administrative Offenses (CAO). Art. 12.24 provides for violation of traffic rules, as a result of which the victim’s health was harmed:

• light - a fine of 2.5–5 thousand rubles or deprivation of rights for 1–1.5 years;
• medium severity - a fine of 10–25 thousand rubles. or deprivation of rights for 1.5–2 years.

Mild harm to health corresponds to a short-term (up to 21 days) deterioration of health, moderate harm corresponds to a harmless but long-term (more than 21 days) health disorder.

Criminal liability

This is the most serious measure of liability, which is imposed when serious harm to the victim’s health is caused, including death. Punishments are established by Art. 264 of the Criminal Code (Criminal Code of the Russian Federation).

The Criminal Code of the Russian Federation shares responsibility for causing harm to the health of a victim by a driver who was sober and intoxicated at the time of the accident. In addition, it is taken into account whether the at-fault driver left the scene of the accident or not:

• if the guilty driver was sober and did not leave the scene of the accident, one of the following measures is applied (Part 1 of Article 264):
  • restriction of freedom up to 3 years;
  • forced labor for up to 2 years;
  • arrest up to 6 months;
  • imprisonment for up to 2 years;
• if the traffic violator was drunk at the time of the collision with the pedestrian or left the scene of the accident, it applies (Part 2 of Article 264):
  • forced labor for up to 5 years;
  • imprisonment from 3 to 7 years.

The Criminal Code of the Russian Federation provides for maximum liability for violation of traffic rules resulting in the death of the victim.

What punishment does a driver face if he hits a passerby to death?

If a pedestrian dies as a result of an accident, then the law provides for the most severe punishment for the at-fault driver. Art. 264 of the Criminal Code of the Russian Federation differentiates it depending on the circumstances.

If the driver was sober at the time of the collision with the pedestrian and did not leave the scene of the incident, then, according to Part 3 of Art. 264 of the Criminal Code of the Russian Federation, fatal collision with a pedestrian

... is punishable by forced labor for a term of up to four years ... or imprisonment for a term of up to five years.

A drunken culprit of an accident or one who left the place where it occurred, in accordance with Part 4 of Art. 264 of the Criminal Code of the Russian Federation

...is punishable by imprisonment for a term of five to twelve years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.

Liability becomes even more stringent if two or more people die as a result of the accident. The maximum punishment for a sober driver who did not run away from the scene of an accident (Part 5 of Article 264) is imprisonment up to 7 years, for a drunk driver or who left the scene of an accident - from 8 to 15 years. It is worth noting that the state of intoxication refers to the presence in the body not only of ethyl alcohol in a certain concentration, but also of narcotic, psychotropic or psychoactive substances.

Road accidents caused by pedestrians

Accidents at crossings also occur due to the fault of pedestrians. In this case, mutual responsibility arises: the driver must compensate for the damage caused to the pedestrian, and he, in turn, must compensate for the damage caused to the vehicle. This is stated in paragraph 1 of Art. 1064 Civil Code of the Russian Federation:

Harm caused to the person or property of a citizen, as well as harm caused to the property of a legal entity, is subject to compensation in full by the person who caused the harm.

The first part also concerns cases in which drivers were injured. In such situations, liability for serious bodily injury in an accident rests with the at-fault pedestrian. Part 2 of the same article states that:

The person who caused the harm is released from compensation for harm if he proves that the harm was not caused through his fault.

The driver's liability if a pedestrian is at fault in an accident depends on the severity of the consequences of the accident.

What to do if you hit a person

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

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

Hitting a pedestrian in reverse

When hitting a person at a crossing in reverse, the driver is definitely at fault, since, according to clause 8.12 of the traffic rules:

Reversing is prohibited at intersections and in places where turning around is prohibited.

In accordance with clause 8.11 of the Traffic Regulations:

U-turns are prohibited at pedestrian crossings...

Therefore, when someone hits a person with a car in reverse, then, depending on the severity of the consequences, the culprit will be subject to civil, administrative or criminal penalties.

Causes and statistics of accidents with pedestrians

Most often, drivers are responsible for accidents at pedestrian crossings. This happens for the following reasons:

• over speed;
• traffic violation;
• poor visibility at an unregulated crossing;
• lack of driving skills;
• a sudden acute attack of any disease, for example, a heart attack;
• severe fatigue, inadequate reaction to the situation on the road;
• vehicle malfunction;
• difficult road conditions, for example, ice.

An accident caused by a pedestrian can be caused by:

• non-compliance with traffic rules;
• alcohol or drug intoxication;
• a sharp deterioration in health.

The factor of chance is present in the case of guilt of both the driver and the pedestrian. But according to statistics, the proportion of such accidents is much smaller than accidents caused by other reasons.

Here are the statistics of accidents at pedestrian crossings involving pedestrians according to the State Traffic Safety Inspectorate of the Russian Federation for 2017 (data taken from the official website of the State Traffic Safety Inspectorate):

• number of accidents - 19591, of which:
  • due to the fault of drivers - 16871;
  • due to the fault of pedestrians - 1733;
• death toll - 1076 people;
• the number of wounded is 19,569 people.

For comparison, the same indicators for 2016:

• number of accidents - 18498, of which:
  • due to the fault of drivers - 15573;
  • due to the fault of people on foot - 1639;
• dead - 1024 people;
• wounded - 18498.

The trend is disappointing: the number of accidents at pedestrian crossings is showing an increase. The ratio of at-fault drivers to at-fault pedestrians remains the same: approximately 10 to 1.

Arbitrage practice

Accidents at crossings involving citizens traveling on foot occur every day in different regions of the country. Judicial practice in such cases is very diverse; for illustration, let us consider two illustrative and frequently encountered examples.

Gr. Ivanov, driving his car along the street, did not notice a man at an unregulated, unlit pedestrian crossing, but managed to brake at the very last moment. The victim fell and suffered a bruise to his arm. Traffic police officers and an ambulance were called. At the court hearing, Mr. Ivanov was charged, according to Art. 12.24 of the Code of Administrative Offenses, the penalty is a fine in the amount of 3,000 rubles and compensation was awarded to the injured pedestrian in the amount of 2,000 rubles.

Gr. Petrov, being drunk at the wheel of his car, drove through a red light and hit a citizen. Sidorov at a pedestrian crossing. Witnesses to the incident called an ambulance and the traffic police. The injured gr. Sidorov died on the way to the hospital. After considering all the circumstances of the accident, the court sentenced Mr. Petrov according to Part 4 of Art. 264 of the Criminal Code of the Russian Federation to 5 years in prison.

An in-depth analysis of the question of what punishment is provided for by law for a hit-and-run pedestrian

The consequences of a collision with a pedestrian are often severe, therefore, depending on the damage that the victim received as a result of the accident, liability is provided not only for administrative, but also criminal. It should be understood that the road accident in question is one of the most common, and there are also many different circumstances of its occurrence. Therefore, it is necessary to remember in every detail what to do if a pedestrian is hit on the road .

Liability for hitting a pedestrian

You should always keep in mind that the driver is almost always found at fault in the case of an accident with a pedestrian. This is also evidenced by statistics, according to which in more than 85% of court proceedings the fault for the incident is placed on the motorist.

This accident is always accompanied by a number of circumstances, depending on which the driver is held liable for various types of liability:

Administrative responsibility

Very unpleasant and even terrible consequences occur for a motorist if he hits a person. The following points will tell you what to do after this incident:

1. Provide first aid to the victim, call an ambulance or the traffic police.
2. Record the situation of the accident on your phone camera, collect contact information of witnesses.
3. Do not move the vehicle anywhere from the scene of the accident.

Scheme of providing first aid to a hit pedestrian. Save and remember!

When a pedestrian is hit at an unregulated pedestrian crossing, the blame for the accident always lies with the driver of the vehicle. Only the degree of his responsibility will differ depending on the severity of the incident and damage to the health of the victim. It is important to immediately determine whether there are mitigating circumstances. Among the latter, the most common are:

1. the pedestrian immediately before the collision was out of sight - leaving from behind the bus, moving along an unlit crossing, etc.;
2. the driver has not previously been held accountable;
3. compensation for harm to the victim was carried out voluntarily, etc.

All mitigating circumstances are in Art. 4.2 Code of Administrative Offences.

You will definitely have to pay a fine for hitting a pedestrian in the amount of 1,500 rubles in accordance with Art. 12.24 Code of Administrative Offences. Additional administrative punishment is imposed on a motorist in the following cases:

Often, drivers, having hit a pedestrian without consequences for the latter’s health, leave the scene of the accident. This is also an administrative violation and is punishable by deprivation of the right to drive a vehicle for up to one and a half years .
Read more about the punishment for hiding from the scene of an accident in 2019 in this article https://roadadvice.club/3067-chto-budet-esli-uehal-s-mesta-dtp-otvetstvennost-stati-posledstviya

In addition to the fine directly for hitting a pedestrian, the driver will have to bear administrative responsibility for other violations that may have occurred and led to this incident. In addition to these fines, inconsistencies identified on the spot with the provisions of the traffic rules will also be added, be it unreadable license plates, lack of a first aid kit, expired MTPL policy, etc.

Civil liability

If you have an MTPL policy, damages for damage to health or lost profits are compensated by the insurance company, but only up to a certain, albeit significant amount - 500 thousand rubles. All costs above this limit will have to be paid to the culprit. He will also pay the amount of compensation for moral damage (if any) to the victim, established by the court.

Hitting a pedestrian outside the pedestrian zone

Administrative liability for an accident with a pedestrian that occurred outside a pedestrian crossing is also established in Article 12.24 of the Code of Administrative Offences. The fines for harm of mild and moderate severity are the same here.

If the culprit of the accident is a pedestrian, then even then the motorist’s insurance company will pay for his treatment.
But here it is possible that the insurance company subsequently recovers these funds from the culprit or his parents through the court. A similar precedent has already taken place, and even the Constitutional Court upheld the court decision. For the driver, this means that it will be easier to recover funds for the repair of a damaged vehicle from a pedestrian if he was hit outside the crossing. Read more about the nuances and procedure for an accident outside a pedestrian crossing in this article https://roadadvice.club/4270-otvetstvennost-za-sbitogo-peshehoda-vne-peshehodnogo-perehoda

Criminal penalties for hitting a pedestrian

Criminal liability arises if a pedestrian is seriously injured or fatal. The terms of possible imprisonment vary depending on the circumstances:

It is worth noting that leaving the scene of an accident is not currently a criminal offense. For this violation, even if severe consequences occur when a pedestrian is hit, only an administrative penalty is imposed. The exception is Art. 125 of the Criminal Code on leaving the victim in danger. But it is rarely used, since the crime in this case is difficult to prove.

Can you keep your license if you hit a pedestrian? The lawyer says:

Fine for hitting a pedestrian

What is the penalty for hitting a pedestrian?

The traffic police fine for hitting a pedestrian due to the driver’s fault, resulting in minor harm to health in 2018 is

Article 12.24.1 of the Code of Administrative Offenses of the Russian Federation

The traffic police fine for hitting a pedestrian due to the driver’s fault, resulting in moderate harm to health in 2018 is

Article 12.24.2 of the Code of Administrative Offenses of the Russian Federation

The traffic police fine for hitting a pedestrian due to the driver’s fault, resulting in serious harm to health in 2018 is

Article 264 of the Criminal Code of the Russian Federation

The traffic police fine for hitting a pedestrian due to the driver’s fault, resulting in death in 2018 is

Article 264 Part 3 of the Criminal Code of the Russian Federation

The traffic police fine for hitting a pedestrian due to the fault of a driver while intoxicated, resulting in death in 2018, is

Article 264 Part 4 of the Criminal Code of the Russian Federation

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Punishment for hitting a pedestrian

The punishment for hitting a pedestrian depends solely on the circumstances in which the collision occurred and their consequences.

In this article we will consider only those cases where the driver is to blame for an accident: hitting a pedestrian at a pedestrian crossing, on the sidewalk, in the courtyard of a residential building. Any other case requires investigation and identification of the culprit and the level of responsibility for the crime.

The law defines three degrees of severity of harm caused to health: mild, moderate, severe.

Punishment for light and moderate harm to health is regulated by the administrative code, for serious harm - by the criminal code. The Criminal Code regulates liability for road accidents resulting in the death of a pedestrian.

Penalty for minor damage to health:

Article 12.24. Violation of traffic rules or vehicle operating rules, resulting in minor or moderate harm to the health of the victim

1. Violation of traffic rules or rules of operation of a vehicle, resulting in minor harm to the health of the victim, -

shall entail the imposition of an administrative fine in the amount of two thousand five hundred to five thousand rubles or deprivation of the right to drive vehicles for a period of one to one and a half years.

Punishment for harm to health of moderate severity:

Violation of traffic rules or rules of operation of a vehicle, resulting in the infliction of moderate harm to the health of the victim -

shall entail the imposition of an administrative fine in the amount of ten thousand to twenty-five thousand rubles or deprivation of the right to drive vehicles for a period of one and a half to two years.

Punishment for grievous bodily harm:

Article 264 of the Criminal Code of the Russian Federation. Violation of traffic rules and operation of vehicles

1. Violation by a person driving a car, tram or other mechanical vehicle of the rules of the road or the operation of vehicles, which through negligence entailed the infliction of grave harm to human health, -

“punishable by restriction of freedom for a term of up to three years, or forced labor for a term of up to two years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years...”

Punishment for an accident resulting in the death of a pedestrian:

An act provided for in the first part of this article, resulting in the death of a person through negligence, -

shall be punishable by forced labor for a term of up to four years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or imprisonment for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.

Article 264 of the Criminal Code of the Russian Federation, part 3

In addition, it must be taken into account that the driver’s escape in the event of serious harm to the health of a pedestrian and in the event of his death will be an aggravating circumstance. In other cases, the driver will be deprived of his license for leaving the scene of an accident.

Also, an aggravating circumstance will be the driver’s state of alcoholic intoxication: in case of serious harm and death of a pedestrian, the punishment is increased, and in case of light and moderate harm, the driver will be deprived of his license and will be fined in the amount of 30 thousand rubles. In all of the above cases, the civil liability that arises when the victim files a claim with the judicial authorities is left out of the equation: injured pedestrians often file lawsuits in court demanding compensation for moral and physical harm. The amount of compensation is determined on an individual basis.

What punishment awaits the driver if there is no harm.

Criminal and administrative liability of a driver for hitting a pedestrian arises only when harm is caused to the pedestrian’s health. The driver will not be punished if no harm is caused, because in this case there is no fact of either an accident itself, or this incident is not regulated by the administrative code.

However, despite this, the driver should play it safe: in some cases it is worth calling a traffic police squad, and in some cases it is worth taking the victim to a medical facility. institution.

It is not uncommon for pedestrians to deliberately throw themselves under the wheels of a car in order to receive compensation from the driver for allegedly caused harm. Only basic care and the presence of a recorder in the car can save you from such situations. If you become a participant in such a staged incident, we recommend calling the accident crew and under no circumstances follow the lead of the scammers. In some cases, it will be enough to show the pedestrian that there is a recorder in the car - it is likely that the pedestrian will not want proceedings.

Collision with a pedestrian at a pedestrian crossing in 2019

What to do if you hit a pedestrian?

First aid

So, if you hit a person, you need to stop the car, put up an emergency sign, and call the ambulance and traffic police officers.

“An important point: first of all, you need to call an ambulance and only then try to help the person yourself,” recommends Andrei Katsailidi, a practicing lawyer, manager of the law office “Katsailidi and Partners . – The sooner the doctors arrive, the better for the victim. I recommend that the driver not take on too much. If you can help by using a car first aid kit, for example, to stop bleeding, feel free to do so. But, if the victim has serious injuries and fractures, it is better not to touch him, since illiterate actions can only aggravate the situation.

When to take you to the ambulance

“Even if it seems to you that you yourself will take the person to the hospital faster than the ambulance arrives, it’s better not to risk it,” the lawyer advises. — There are cases when a person can get up and walk from a painful shock, even walk with you to the car, but this will harm his health. So, it’s better to wait for the doctors - they will help the victim and describe his real, unaggravated condition after the accident.

The same applies to situations in which a person seems to have no injuries. Wait for the doctors who will be able to record this fact - otherwise later you will have to answer for the bruises that he received in a completely different place.

“Remember that if you help a person who has been knocked down, it will not only be correct from a humane point of view, but will also be counted as a mitigating circumstance in court,” advises Katsaylidi. - After all, if you hit a pedestrian, you will have to pay him compensation, even if it happened by accident.

Be careful with traffic police officers. Tell us how everything happened in the smallest detail, for example, if the pedestrian was staggering like a drunk before the accident, note this. Emphasize how the asphalt was: wet or dry? In short, pay attention to the smallest details.

Check that everything is described truthfully, pay attention to whether they recorded the presence of braking distance on the road (this indicates that you tried to brake), watch how all measurements are recorded and, most importantly, carefully read the document before sign it. If something does not suit you, make a note about it in the document.

“An important point: if possible, videotape everything that happens and take the telephone numbers of eyewitnesses,” advises Katsaylidi. - In case of any accident, this will be a good help. It is also worth considering where there may be surveillance cameras nearby that could have recorded the moment of the accident. It happens that drivers relax, because the traffic police officer says, they say, you are not to blame, and the passenger is safe. But it is unknown how the situation will turn out later - what if the victim consults with his wife, and she tells him to go to court? It's better to be safe!

Colliding with a pedestrian

Pedestrians always have priority movement - whether it is a special pedestrian zone or a roadway.

Therefore, the worst offense for anyone driving is to hit a pedestrian.

What consequences await the would-be driver and how can the punishment for hitting a person be mitigated? What should be done to avoid aggravating the current situation?

You will find lawyers' answers to these and other questions on the pages of our website.

Accident with a pedestrian

Situations involving a collision with a person are not uncommon on highways. The causes of the incident may be a whole combination of factors, from driver inattention, weather conditions, obstructions to the view of the roadway, to non-compliance with the rules by the pedestrian himself.

Contact our experts for legal support. We will help you get out of the unpleasant situation associated with a collision with a pedestrian as painlessly as possible. Consultations are provided free of charge.

Watch a short video that outlines the key points of the article and gives basic legal advice:

What to do?

Some drivers are so frightened by what happened that they commit rash actions - they try to escape from the scene of an accident, and this can lead to additional punitive measures against the offender. And if, as a result of a collision, assistance was not provided to a pedestrian in a timely manner and the person died, then criminal liability is provided for this.

Therefore, in order not to aggravate the punishment, but, on the contrary, to soften it, the driver must get together and take a number of mandatory procedures:

1. If the DVR is working, continue filming.
2. Turn on your hazard lights and place a sign behind your vehicle. If you have available items, you can additionally mark the scene of the incident, this is especially true in conditions of poor visibility on the road (fog, darkness) or in areas with heavy traffic.
3. Provide first aid to the victim - raise the head, bandage the bleeding. But it is not recommended to move it to another place - it is necessary to record all the details in the protocol, give them a description of the position of the pedestrian during the collision.
4. Call the traffic police and ambulance officers using all available means.
5. But if there is a threat to the life and health of the victim, then take a passing car to a medical facility. And if there is no passing traffic in this area, for example, on a highway far from populated areas, then take the victim to the clinic yourself.
6. Write down the personal information of witnesses to the accident - telephone numbers, residential addresses, email addresses.
7. Monitor the safety of the victim’s belongings.
8. Contact the insurance company and tell them about the collision.
9. If possible, take photographs and video of the accident scene.

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

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

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

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

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

Features of collision detection

Of course, drawing up a protocol in case of a collision with a pedestrian is the responsibility of the police, but the driver must ensure that there are no unfounded reservations not in his favor, for example, the personal opinion of a traffic police officer about guilt in the collision. This should only be established by the court; the law enforcement service is not vested with such a right.

But they are simply obliged to identify the degree of intoxication if this happened to the driver or the victim. Lawyers do not advise refusing to undergo a medical examination; this can aggravate the situation and lead to deprivation of your driving license.

Then a diagram of the collision that occurred is drawn up, and witnesses to the accident are interviewed.

Expert work will also be assigned - checking the technical condition of the car, drawing up a medical report.

During administrative proceedings, participants may be charged with additional liability as a result of the collision, both in relation to the culprit of the accident and the injured pedestrian. Namely, traffic violations on both sides, which caused the collision with the pedestrian.

Write down the contact information of all witnesses to the collision with a pedestrian, apply within 5 days with a request to save data from city cameras.

Types of responsibility. What threatens the driver?

The legal liability of a driver who hits a person will depend on two factors:

1. whether the driver violated traffic rules at the time of the collision;
2. whether the driver had the opportunity to prevent the accident.

The degree of damage is determined by the results of a forensic examination and can be mild, moderate or severe. The severity of the crime determines the nature of the punishment.

Civil

Civil liability refers to compensatory measures in relation to the injured person in a collision, these include:

• reimbursement of treatment costs;
• payments for lost wages during rehabilitation;
• moral compensation for harm;
• compensation for damaged property of the victim.

However, part of the costs can be paid by the insurance company under the MTPL policy but within the established limit:

1. For property damage caused during a collision - no more than 400 thousand rubles.
2. Damage to health and life – 500 thousand rubles.

You will find out what to do if the person at fault for the accident does not have a compulsory motor liability insurance policy by reading the materials in the corresponding article.

Administrative

Administrative liability arises as a result of light or moderate damage to a pedestrian from a collision, based on Art. 12.24 of the Administrative Code, which defines the offense:

• Inflicting a mild degree of harm to health with a treatment course of no more than 3 weeks, and no more than 10% loss of ability to work. This provides for either penalties in the amount of 2.5 thousand rubles. up to 5 thousand rubles, or deprivation of the right to drive a vehicle for a period of up to one and a half years .
• The average degree is defined as a loss of ability to work of more than 10% and more than 21 days are needed for health rehabilitation. Punishment – ​​imposition of a fine from 10 to 25 thousand rubles. or deprivation of the right to drive a vehicle for up to 2 years .

If the driver has previously been involved in a similar incident and has a second collision with a pedestrian, then it will not be possible to avoid the deprivation of a driver’s license.

Criminal is an extreme measure of punishment for a driver for hitting a pedestrian, if as a result the pedestrian is seriously injured, which requires a long period of rehabilitation or he dies.

The serious consequences of a collision include the loss of a vital organ, vision or hearing, loss of the ability to speak, the loss of a pregnant child, or as a result of a collision with a pedestrian, the face is completely disfigured. This category also includes psychoemotional disorders and cravings for psychotropic substances or alcohol.

As a result of a collision with a pedestrian, the latter loses his overall ability to work by a third, and his professional skills are completely lost.

Criminal prosecution is considered under Art. 264 Code:

• Punishable by arrest for up to 0.5 years.
• Restriction of freedom is imposed for up to 3 years.
• Sentenced to forced labor for up to 2 years.
• The right to free movement is deprived for up to 2 years, and in other cases up to 3.
• The application of punishment in the form of restriction of free movement from 2 to 4 years may be accompanied by additional punitive measures - a ban on conducting a certain type of work activity or removal from office for up to 3 years.
• A drunk driver faces imprisonment from 3 to 7 years.
• In case of death, the perpetrator may be imprisoned for up to 5 years, with additional punitive measures.
• If the guilt is aggravated by other circumstances, for example, intoxication or leaving the scene of an accident, the period of restriction of freedom can vary from 5 to 12 years.
• A fatal collision involving two or more persons is punishable by imprisonment for up to 7 years. And if the fact of intoxication of the culprit of the accident is established, the punishment can be increased to 15 years inclusive.

In each specific case, the court provides a justification for the severity of the offense, and in accordance with this, a certain punishment is assigned for hitting a pedestrian, provided for by the Criminal Code of the Russian Federation.

Our auto lawyers are ready to provide you with legal support. Legal advice is provided free of charge.

How to avoid criminal liability?

If you are the culprit of an accident with serious consequences and a criminal case has been opened against you, you should not give up. With a competent approach to the issue and the support of an experienced lawyer, you can try to get out of this situation.

The video contains advice from a lawyer, as well as detailed instructions for drivers who want to reach an agreement with the victim:

Compensation for moral damage to the victim

If the guilt of the driver, pedestrian or relatives of the deceased is established, they have the right to go to court to demand compensation for moral damage.

The amounts that the courts recover from the at-fault driver also directly depend on the severity of the consequences of the collision: