Fatal accident at a pedestrian crossing

Knocked down a pedestrian to death, what is the penalty for hitting him?

Among the types of punishment that a driver may face, the most severe sanctions are provided for in Art. 264 of the Criminal Code of the Russian Federation. If a driver hits a person to death, criminal punishment cannot be avoided. Let's look at how people are held accountable for a fatal collision with a pedestrian, and what to do to get the minimum punishment.

Fatal collision with a pedestrian article

Vehicle owners are liable for almost any property damage or injury to health. This is due to the rule of the Civil Code of the Russian Federation - a car is considered a source of increased danger to others. Depending on the consequences, punishment may occur in the following forms:

in the event of property damage without harm to the health of citizens - financial liability in the form of insurance payments under compulsory motor liability insurance, or directly at the expense of the culprit of the accident;
if harm to health of mild or moderate severity is detected, the norms of administrative punishment according to the Code of Administrative Offenses of the Russian Federation are applied;
If serious harm to health is caused, or a fatal collision is committed, the car owner is subject to criminal prosecution, which may lead to a real prison sentence.

Note! If a driver hits a pedestrian to death, in addition to criminal punishment, he will also have to compensate for material damage to health. Also, depending on the type of traffic violation, he may be subject to sanctions under the Code of Administrative Offenses of the Russian Federation.

It must be taken into account that if a pedestrian is hit to death, criminal punishment occurs only if there are violations of traffic rules or vehicle operating rules. If no such violations are identified during the inspection, no criminal penalties will be applied. For example, if the driver did not violate the speed limit or other rules, and the pedestrian died due to his own illegal actions, the provisions of the Criminal Code of the Russian Federation do not apply.

Punishment for hitting a pedestrian to death

What punitive sanctions does Article 264 of the Criminal Code of the Russian Federation provide for a driver who hit a person to death? Possible penalties will vary significantly, depending on the number of victims, and the presence or absence of traces of alcohol in the blood of the car owner. Under Article 264 of the Criminal Code of the Russian Federation, in case of violation of traffic rules and causing death by negligence, the court may apply the following types of sanctions:

under part three for the death of one victim - the maximum prison term can be up to 5 years;
under part five, if two or more people died as a result of an accident, a sentence may be imposed with a penalty of up to 7 years in prison;
Parts four and six of Article 274 of the Criminal Code of the Russian Federation regulate liability if the car owner is found to be intoxicated.

Note! If a car owner hits a pedestrian to death, punishment under Article 264 of the Criminal Code of the Russian Federation occurs if there is guilt in the form of negligence. This means that the driver did not want such grave consequences to occur, although he was obliged to foresee them based on the nature of his actions. If the driver’s actions include intent to cause the death of the victim, his punishment will follow for crimes against the persons of citizens.

Let's consider what the consequences are for a drunken car owner who hits a pedestrian and kills him. In this case, it will be almost impossible to avoid a prison sentence without the help of an experienced lawyer.

A drunk knocked a man to death, what's the danger?

What threatens a car owner if he hits a person to death while drunk? Any violation of traffic rules or vehicle operating rules will entail more serious consequences if alcohol is found in the driver’s blood. The law provides for a complete ban on the use of alcohol-containing products while driving. Therefore, even a minimal dose of alcohol is an aggravating feature for establishing punishment.

Article 264 of the Criminal Code of the Russian Federation identifies two independent parts under which a drunk driver who allows a fatal collision with a pedestrian will be held accountable:

according to part four, if only one victim died in a road accident, imprisonment will range from 2 to 7 years;
according to part six, if two or more people died from injuries in an accident, the punishment will be from 4 to 9 years.

Note! If a state of alcohol intoxication is detected, the only possible punishment for the death of a pedestrian can be a prison sentence. Since the article of the Criminal Code of the Russian Federation contains the minimum possible limit of imprisonment, a suspended sentence is practically unrealistic.

Article 264 of the Criminal Code of the Russian Federation, which provides for punishment if a pedestrian is hit to death, does not exempt the drunken culprit of the accident from other measures of responsibility. Even within the framework of a criminal case, a civil claim by the relatives of the deceased for compensation for material and moral damage may be considered.

Nuances of criminal liability for fatal accidents

Often the situation at the scene of an accident does not allow one to assume that the victim will die. However, bodily injuries may be incompatible with life, as a result of which death may be recorded a long time after the accident. In this case, during the investigation of the case, a cause-and-effect relationship will be established between the harm received and death during treatment.

How do you find out what the threat is if at the scene of an accident it is impossible to determine what hit a person to death? Immediately after identifying the fact of harm to health, if the victim did not die at the scene of the accident, law enforcement agencies take the following actions:

draw up protocols on traffic violations, record the circumstances of the accident;
injured persons are sent for a medical examination to determine the extent of harm;
If the victim dies from his injuries in hospital, the examination materials will be assessed by an expert to establish a cause-and-effect relationship.

Thus, even if the victim did not die directly at the scene of the incident, this does not guarantee the elimination of the threat of criminal punishment. For this reason, from the moment the first procedural actions are carried out at the scene of an accident, the driver must insist on the presence and assistance of a professional lawyer.

If you have been involved in a fatal accident, you should not give up and arrogantly count on the court’s leniency. Contact our lawyers immediately for help, receive urgent legal assistance and agree on defense in a criminal case. Consultation regarding fatal accidents will be provided free of charge. Call the numbers listed on the website, or leave questions in the feedback form.

Features of compensation for damage in an accident involving a pedestrian

Recently, fatal road traffic accidents on the territory of the Russian Federation have become significantly more frequent. Traffic police officers classify most accidents as collisions with a person, including those at an equipped crossing. What are the reasons for such cases, and whether responsibility for an accident involving a pedestrian always falls on the driver, we will find out in the article below.

Accident involving a pedestrian

According to these rules, the fact of a collision with a pedestrian is confirmed only when a mechanical vehicle collides with a person, as a result of which one or both parties to the accident receive moral or material damage. Moreover, in this case, even the most minor injuries are taken into account, such as a dislocated limb, scratch, cut, hematoma, etc.

A tragedy can occur on a zebra crossing, sidewalk, controlled intersection, or in a roadway area where pedestrian traffic is strictly prohibited. The difference is that in the first two cases, the blame will be undeniably placed on the driver, while the third and fourth options involve a more detailed consideration of the situation. We will find out further what a motorist faces for an accident at a pedestrian crossing, including a fatal one.

Main causes of incidents

In total, the State Traffic Inspectorate of the Russian Federation identifies three groups of factors in which accidents involving pedestrians occur:

Driver inattention;
Carelessness of pedestrian traffic participants;
Improper organization of the road section (lack of markings, limited visibility of signs, etc.).

Attention! Depending on the listed reasons for hitting a person, traffic police officers determine the degree of responsibility for each of the parties to the conflict.

When the driver is at fault

In order for a driver to fully take responsibility for an accident on a pedestrian crossing or sidewalk, the following circumstances must precede the incident:

Failure to comply with the speed limit;
Technical malfunction of the vehicle;
Inattentiveness of the motorist (talking on the phone, with a passenger, etc.);
Ignoring traffic rules (overtaking a vehicle standing in front of a zebra crossing, crossing a red light, driving off the road, etc.).

But situations cannot be ruled out when the pedestrian himself is the culprit for an accident at a zebra crossing. Therefore, it is very important not to take premature responsibility, and not to hide from the scene of the incident until the traffic police inspectors arrive.

When is the pedestrian at fault?

Based on many years of practice, the State Traffic Inspectorate of the Russian Federation can identify the following causes of accidents due to the fault of a pedestrian:

Crossing a controlled intersection at a prohibitory traffic light;
Abrupt appearance at a zebra crossing (according to these rules, a person must step onto the crossing at an exclusively calm pace);
An attempt to cross to the opposite part of the road in a place not intended for this purpose.

It is important to know! Just like the motorist, the injured citizen will be responsible for the damage he caused to the movable property of the second party to the conflict. Witnesses, surveillance cameras or a banal video recorder will help the driver prove the pedestrian’s guilt.

Types of damage

In accordance with the legislation of the Russian Federation, all damage received by people in road accidents is divided into two main groups: moral and material. It applies to both sides of the conflict. For example, if the injured person is a pedestrian, then he can present the following claims for compensation to the culprit of the accident:

Full reimbursement of funds spent on treatment, damaged clothing and accessories, which is equivalent to material assets;
Additional benefits due to stress suffered (one of the types of moral damage).

The same applies to a motorist who has received the status of a victim in an accident involving a collision with a pedestrian. But he can demand compensation only if the bodily injuries received by the culprit do not turn out to be fatal for him (in such situations, CASCO insurance is responsible for covering the damage, if one of the parties to the conflict has it).

First actions after hitting a pedestrian

Often, an accident for a pedestrian results in severe bodily injury, which is why, even if the pedestrian is at fault, the motorist has some responsibility for providing him with first aid. This is done as follows:

After a collision, the vehicle must be completely stopped and immobilized by using the handbrake;
The driver must try to determine the degree of injury he inflicted on a pedestrian road user;
If the condition of the injured person is moderate or serious, then an ambulance must be called to the scene of the incident (a citizen can record minor damage to health at the sanitary inspection station);
If you have a first aid kit and certain medical skills, the driver is obliged to provide first aid to the injured person (stop the bleeding, perform artificial respiration, etc.);
State Traffic Inspectorate officers are called to the scene of the accident (before the police arrive, it is advisable to find several witnesses to the accident and record their personal information, since eyewitness testimony can become a key factor in determining guilt in court);
If there is time left, before the arrival of the traffic police officers, the motorist can independently install emergency signs in the area where the braking distance begins (this will speed up the process of carrying out the examination by traffic police inspectors);
If possible, the scene of the traffic accident should be recorded in a photo or video;
As a last resort, the driver can call a lawyer to avoid a possible escalation of the situation.

Attention! At the same time, the car owner is strictly prohibited from leaving the accident area, moving the vehicle until traffic police inspectors arrive, or removing debris from the roadway. After all, when drawing up a protocol, all this will be taken as evidence, the damage of which is fraught for a citizen with an impressive fine or deprivation of rights for a period of up to 1.5 years (Article 12.27 of the Administrative Code).

How is the culprit determined?

Upon arrival at the site where the traffic accident occurred, State Traffic Inspectorate employees conduct a thorough inspection of the area in order to determine the pattern of the accident. It takes into account:

Length of the car braking distance;
The position of the hit pedestrian on the roadway;
Availability of signs and operability of traffic lights (if the accident occurred at a crossing);
Technical condition of the vehicle;
Viewing angle and visibility range.

But such an examination is not capable of establishing one hundred percent guilt in a fatal accident with a pedestrian. Therefore, traffic police inspectors are additionally required to study the testimony of witnesses to the accident, as well as materials from video recorders or surveillance cameras located in the incident area. And only after a thorough check can the court finally determine the culprit of the accident, imposing an administrative or criminal penalty on him.

Procedure for bringing to responsibility

If the traffic police inspector finds the driver guilty on the spot, then he is issued a ruling based on the incident, which can be appealed within 10 days. After this period, in the absence of counterclaims on his part, the case of a collision with a pedestrian is transferred to the court, where a further measure of punishment for the motorist is chosen (criminal, administrative or civil).

It is important to know! The situation is significantly aggravated if the person at fault is drunk at the time of the accident or flees the scene of the accident. Indeed, in this case, the traffic police will be forced to put the fugitive on the wanted list and carry out forced detention without the possibility of challenging the court verdict.

The same applies to a pedestrian who has received the status of an initiator of an accident. But bringing him to justice if he escapes from the scene of an accident will be much more difficult. It’s another matter if the victim leaves the traffic conflict zone under the influence of a state of shock. After all, then he will be able to write a statement against the driver who hit her to the traffic police the next day, thereby provoking an investigation, but without witnesses and a preliminary examination.

Therefore, if you get into an accident due to the fault of a pedestrian, the motorist is strongly recommended to remain on the spot until the State Traffic Inspectorate arrives, and carry out the procedure for registering the accident in accordance with all the rules (including inspecting the scene of the accident and searching for eyewitnesses). Otherwise, the driver risks being held liable for the unknown fact of hitting a person in the absence of evidence to the contrary.

Penalties

The degree of responsibility for creating a critical situation on the road depends on the severity of the case. As mentioned earlier, pedestrian accidents can be assessed under three main codes:

Criminal;
Administrative;
Civil.

Attention! The listed acts usually come into effect in pairs, which only aggravates the punishment for the guilty party. What specific sentence a driver and pedestrian can expect for creating an emergency situation (including one resulting in death) will be discussed below in the article.

Within the framework of the administrative code, for a banal violation of traffic rules, a pedestrian can only face a fine of 1,000 to 1,500 rubles (depending on the clause of the rules that he ignored). But criminal punishment will await a person only if he, by his appearance on the road, provoked a serious accident with the following consequences:

The driver received severe or moderate injuries - for such an offense the Criminal Code of the Russian Federation provides for up to 2 years of imprisonment;
While trying to avoid a collision with a pedestrian, the driver got into a serious accident, as a result of which one citizen died - this violation entails liability in the form of prison for up to 4 years;
More than two people died in an accident - for such a crime the perpetrator of the incident faces up to 7 years in prison.

In addition to the two listed codes, the Civil Code of the Russian Federation also comes into play, according to which the initiator of an accident is obliged to cover the damage caused to third parties. This could be: payment for vehicle repairs, compensation for moral damage, return of money spent on treatment and further rehabilitation, etc.

If the driver who ran over a pedestrian caused minimal harm to his health, then this kind of conflict can be resolved within the framework of the Civil Code, simply by compensating the injured person for moral damage established mutually. But when calling State Traffic Inspectorate employees to the scene of an accident, the motorist will have to suffer a more serious punishment provided for by the Criminal Code or the Code of the Russian Federation. It could be:

Deprivation of a driver's license for a period of up to 3 years (usually this measure is considered additional and is applied in combination with imprisonment or penalties);
Arrest for a term of 5 to 7 years (the most severe sentence that occurs in the case of deaths in an accident);
Up to 48 months of forced labor (a measure for citizens who caused moderate or severe harm to the health of third parties in an accident).

In addition, the driver who hit a pedestrian is obliged to pay him moral and material compensation, in accordance with the Civil Code. Evading responsibility may cause the offender to stay in prison longer.

Controversial situations

Damage suffered by a motorist due to the fault of a pedestrian must be compensated exclusively by the culprit of the road accident. But in reality everything is not so simple. After all, if the initiator of the accident received bodily injuries, then in this case Article 1079 of the Civil Code comes into force, which obliges the owner of the vehicle to pay compensation to the victim, even if he is officially assigned the status of a victim of an accident.

Simply put, if a person throws himself under the wheels of a car, the owner of the movable property will have to reimburse him for all the costs of treatment. But in this situation, the motorist is completely exempt from fines and criminal liability, which is provided for by the Criminal Code and the Code of the Russian Federation.

We learned what a driver faces for a fatal accident at a pedestrian crossing, and how you can avoid punishment for hitting a person. In conclusion, it remains to add that it is quite difficult to prove your innocence in such incidents as a driver. Therefore, you need to be extremely careful while driving and try to avoid the problems described above as much as possible.

Fatal pedestrian accident

According to statistics, Russia ranks first among all European countries in the number of fatal accidents. Every year, about 30 thousand people die on roads.

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The causes of accidents are different, including the fault of drivers who do not understand the danger of cars. However, pedestrians do not always realize that the road is not the place where they should let their guard down.

Driver's priority actions

The driver must comply with all the rules:

The vehicle must remain in the same place, it is prohibited to move it (stipulated by traffic rules, article 2.5). If the driver breaks the rule and drives away, he can be punished according to law 12.27 of the Code of Administrative Offenses (deprivation of rights for up to 1.5 years).
Get out of the vehicle and assess the condition of people and property. If the person is still alive, then urgently call an ambulance and, if you know how, begin to provide him with first aid.
Call the police (especially if the pedestrian has died). A traffic police unit and an investigation team must go to the scene of an accident with victims.
While the police are driving, try to find witnesses to the incident. The case will be considered in court on the basis of the norms of the Criminal Code of the Russian Federation. The main argument that can prove guilt or innocence are witnesses from the scene of the incident.
Attention! It is recommended to write down all the details of the persons (you can use them to find them in order to call them into the courtroom as witnesses).
Before the police arrive, you can inspect the road surface. Emergency signs must be placed in those places where the brake mark begins. In the future, this will help experts figure out the speed at which the car moved along the roadway.
If there are pieces of vehicle or glass, they should be left in the same place and not disturbed. Moments like these will help experts figure out the location where the collision occurred. It is also important to pay attention to road signs and potholes on the road.
It is recommended to capture all moments associated with the accident on a photo or video camera.
When traffic police officers draw up documents, it is important to check whether all the circumstances are described correctly and whether the measurement results are indicated correctly. You should not sign anything until you are sure that the information entered is correct. It is allowed to express disagreement with individual points described - they will be considered various types of comments.
It is better to call a personal lawyer to the scene of the accident so that he can participate in the process of paperwork and inspection of the car. If you don’t have a lawyer, try to find one as soon as possible to protect yourself from unnecessary troubles.

Any carelessly thrown word can ultimately lead to imprisonment, and for the maximum prescribed period. It is also prohibited to hide from the scene of an accident. Such an act will be considered aggravating and will not work in your favor in the proceedings.

It is noteworthy, but the driver will be held liable for hitting a pedestrian in any case, regardless of who caused the accident. After filling out all the paperwork at the scene of the accident, traffic police representatives submit reports to the investigation authorities.

This structure must identify the causes of the incident and decide whether to initiate a criminal case (in accordance with Article 109 of the Criminal Code). The investigator must render his verdict within 10 days.

The investigator examines aspects of the case, taking into account the causes of the accident:

Bad weather conditions.
Lack of markings or signs on the road section.
Transport malfunction, etc.

The driver is at fault

In most cases, drivers hit a pedestrian in the following situations:

A person is hit at an unregulated crossing. The motorist does not have time to notice the person in time or does not see the markings of the pedestrian crossing at all.
An accident occurs at an intersection (violation of clause 13.1 of traffic rules), while leaving a section of the road.
A collision is made at a controlled crossing.

If the incident occurred due to the fault of the motorist, then he will be assigned a preventive measure in the form of:

Imprisonment for a period of 5 to 7 years (it all depends on how many people were injured in this incident) - according to Article 264 of the Criminal Code.
Referrals to forced labor for up to 4 years.
Deprivation of a driver's license for up to 3 years after serving in custody.

If the driver admitted his guilt and actively helped the investigators, his time in prison will be reduced (he will receive no more than 2/3 of the maximum possible sentence - Article 62 of the Criminal Code of the Russian Federation).

Through the fault of a passerby

A huge number of accidents occur at night, when it is difficult for the driver to see a human silhouette on a dark, dimly lit section of the road.

At the same time, when crossing in such places, people do not wear reflective clothing, which would allow the driver to notice them in advance. Also, a significant proportion of road accidents involve drunk people.

A pedestrian is found guilty of an accident if he violates traffic rules:

Crossed the road in a controlled area, ignoring the red light.
Crossed a section of road in the wrong place.

Table. Liability for death in an accident due to the fault of a pedestrian.

The rules are the same as for the driver. A person has no right to hide from the scene of an accident. If the investigator proves that the vehicle was moving without violating traffic rules, and the braking distance was not enough to prevent an accident, the court will take this into account.

If the pedestrian himself is recognized as the victim, then the motorist will not be considered the culprit in this accident. All rules of guilt of the parties in such a situation are described in Article 1064 of the Civil Code.

In the event of a fatal accident at a pedestrian crossing

A crossing is a place designated for people to cross a road line.

According to traffic rules 14.1, the driver of a vehicle must:

when approaching an unregulated crossing, stop and give way to a person who has started moving or entered the roadway;
at a controlled pedestrian crossing , when a special traffic light signal turns on, the driver is obliged to give the person the right to pass along the roadway (clause 14.3 of the traffic rules).

If an accident occurred due to the fault of a driver at a pedestrian crossing, he will be punished to the fullest extent of the law. Especially if traffic rules were violated.

Aggravating circumstances

Aggravating factors are circumstances that will be accepted by the court to increase the preventive measure. For example, if the culprit of the accident fled the scene of the accident. If such factors exist, he will be punished to the fullest extent of the law.

Mitigating Factors

You can mitigate your punishment in case of an accident with deceased pedestrians by trying to reconcile with the relatives or guardians of the deceased. We are talking about paying some kind of material compensation for the moral damage they received.

Everything depends on the consent of the parties; a criminal case may not be initiated. However, the culprit must not have a criminal record in the past.

The measure of restraint in such a situation is determined by the court, based on the factors of a fatal accident, but a considerable share in the process falls on the injured party.

Arbitrage practice

In such cases, everything is not as clear-cut as in ordinary accidents. Let's look at some examples of situations.

The motorist was driving a vehicle, moving along the road. He violated traffic rules (clauses 1.5, 10.1 and 14.1), as a result of which an innocent person was injured while crossing the highway in a place where there was a corresponding sign.

As a result of the accident, the pedestrian received multiple injuries and subsequently died. The investigator opened a case under Article 264 of the Criminal Code.

The driver did not deny guilt, giving the following explanatory comments:

The driver suddenly appeared from behind a garbage can; he failed to slow down in time. He also did not have time to change lanes; oncoming traffic was driving along it.
After the incident, he immediately called the police and ambulance.
The pedestrian did not die immediately, but 3 days later. At this time, the culprit tried in every possible way to help him, buying medications prescribed by the doctor, and bringing people to donate blood.

The perpetrator agrees with the guilt, but not with the amount of the claim.

The court's decision:

According to Part 4 of Article 29 of the Code of Criminal Procedure, a crime was discovered. The certificate noted that due to objects on the side of the road, visibility was limited. However, the rules were violated and a person's life was endangered.
The court classified the incident under Article 264 Part 3 of the Criminal Code.
The punishment was based on s. 60 of the Criminal Code, the defendant is guilty of a crime under Art. 15 of the Criminal Code.
This is the defendant's first offense.
Mitigation - guilt was admitted, moral damages were partially paid, assistance to the victim.
No aggravating factors were found.
The verdict is imprisonment for a term of 2 years in a penal colony. Also, the offender does not have the right to drive a car for 2 years.

The driver violated rules 10.1, 1.5, 14.1 of the traffic rules. He did not make sure that there were no people on the way (in front of a nearby moving car) and continued driving. As a result, two people were shot down.

One died, and another car was hit (the driver was not injured, repairs were carried out under compulsory motor liability insurance). The motorist admitted guilt, but not completely. He repents of his actions.

Solution:

A violation was recorded.
When passing the sentence, the court relied on s. 60 UKYU
Mitigation – assistance to victims, payment of compensation.
Sentence: 3 years in custody and deprivation of license for 2 years.

Being a driver is very responsible. It is important to know all the rules and not to lose vigilance when moving.

Any mistake can lead not only to death, but also to imprisonment. In this case, the guilty pedestrian may get off with a fine, and the driver may go to prison.

Video: Knocked down a man. Advice from a lawyer regarding an accident.

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Killed a pedestrian

For any driver, the most serious crime on the road will be the one in which he hit a person, a pedestrian, to death . Even despite the possible presence of various mitigating factors, punishment will still be applied to the guilty person.

At the same time, opening a criminal case will be possible only if the court really has all the undeniable evidence, and the crime has all the required characteristics.

The object of the act will be the life of a pedestrian who was hit and killed by the offender on the road. The objective side can be called the presence or absence of intent for a citizen to knock down a walking person to death.

A detailed description of the scene of the incident, as well as other important circumstances in which the driver hit a walking person to death, must be described in the protocol drawn up by the traffic police officer. In the absence of such a document, criminal penalties cannot be imposed on a person.

Article 224 of the Criminal Code of the Russian Federation establishes the basic provisions regarding the application of criminal penalties for hitting a pedestrian. First, a cause-and-effect relationship between the death of a person and his collision with a car on the roadway must be identified and confirmed.

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Often, in order to make the most fair decision, various examinations and additional examinations are required. This will also be required to find out the main reason why the driver hit a pedestrian on the road to death. Most often, a person’s death is a consequence of:

ignoring the current speed limit;
violation of maneuverability modes;
driving while intoxicated, as well as inattention.

In addition, during the consideration of the case, the court must have documents from a previously conducted forensic medical examination with a conclusion on the cause of death. The death of a person should have occurred precisely because of the injuries received. If a pedestrian, for example, died due to a heart attack, criminal liability cannot be applied to the person responsible.

Criminal penalties

Many drivers are interested in what the penalty for killing a person is and what term of imprisonment can be imposed on the identified violator.

Punishment may include the following measures:

In case of causing serious injuries that resulted in the death of one person: assignment of compulsory labor - up to 4 years, or imprisonment - up to 5 years. Mandatory deprivation of a driver's license for a period of at least 3 years also applies here.
Causing serious injuries resulting in the death of two or more persons - imprisonment for up to 9 years, or assignment of compulsory labor for up to 5 years.

Depending on the individual characteristics of a particular case, the judicial authority may change the punishment to a lesser one. For example, during the consideration of the case, circumstances such as the presence of one or several young children, characteristics of the accused person from his place of work, past criminal records, etc. may be taken into account. Various aspects of the incident itself can also be taken into account here, for example, where the person was at the moment when the driver hit him to death: at a pedestrian crossing or not. If the collision occurred outside a pedestrian crossing, for example, if a citizen was crossing the road in the wrong place, this circumstance can be interpreted in favor of the guilty person.

In addition, a legal dispute can be resolved by reconciliation of both parties. For example, if the relatives of a deceased citizen do not want the driver who hit the pedestrian to be fully punished. In this case, they can agree on monetary compensation.

It should also be noted that the relatives of a pedestrian whom the culprit previously hit to death may also demand payment of monetary compensation. Its exact amount must be indicated in the previously drawn up statement of claim. While considering all aspects of the case, the court may also change the amount of compensation, at its discretion and based on available information.

The most serious aggravating circumstance will be the proven fact that the guilty citizen was intoxicated at the moment when he hit a passing pedestrian to death. In this case, he will be subject to the strictest penalties, including imprisonment and deprivation of his driver's license for a long period.

Peculiarities of evidence in cases of death of a pedestrian

Any person who hits a pedestrian and is charged with his death has the right to present to a judicial authority all the evidence available to him in order to have the criminal penalty overturned or reduced to the extent possible.

To do this, it is necessary to provide indisputable information that the person crossing the road also violated the current traffic rules. The following can be used as indisputable facts:

photo and video recordings from cameras installed nearby. In addition, the court will also accept recordings made by road users themselves, for example, from video clips or car recorders;
witness statements. If there are people who confirm that the pedestrian, for example, crossed the road when the traffic light was red, such information will also bring a positive effect for the accused person;
other evidence that can confirm or refute specific facts that are directly related to this case.

In the event that criminal penalties have already been established against the defendant who hit a walking pedestrian to death, he has a full right to appeal if he believes that his legitimate interests were infringed by such a decision. Re-opening the case will also be possible if the interested person becomes aware of new circumstances of the incident.

Author of the article: Petr Romanovsky, lawyer In 2000, he graduated from the Faculty of Law of the National Research University Higher School of Economics. She has been working in the legal field for 16 years, specializing in resolving housing disputes, property transactions, family matters, inheritance, land disputes, and criminal cases.