Road accident caused by a pedestrian - driver's responsibility

Accident with a pedestrian due to the fault of the driver and pedestrian: liability and insurance

Accident involving a pedestrian

In a driver-pedestrian accident in 2019, there is a very unfair liability for drivers, even though the latter are not at fault. But it is even greater when the car enthusiast is at fault. We will discuss below what the punishment is for a pedestrian road user who is hit, especially if he is injured or killed, how compulsory motor insurance works in such cases, and other details of accidents if a pedestrian is hit.

Responsibilities of the driver and pedestrian according to traffic rules

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

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

So, the responsibilities of pedestrians include:

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

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

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

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

Accident with a pedestrian - what to do?

First of all, fulfill all the duties provided for in paragraphs 2.5-2.6.1 of the traffic rules:

put up an emergency stop sign,
turn on the emergency lights,
call the traffic police.

This is especially important if it seems to you that the collision with the pedestrian was very light, there is no harm, and the pedestrian participant in the traffic himself confirms this and has no complaints.

In 2019, there are surprisingly frequent cases when a pedestrian, who had no complaints or injuries in an accident, later goes to the emergency room and records damage to health. If the traffic police were not called to the scene of the accident, then the driver will be deprived of his license under Part 2 of Article 12.26 of the Administrative Code.

Accident involving a pedestrian

Good afternoon, dear reader.

This article will focus on accidents involving a pedestrian . Such accidents are quite dangerous for pedestrians and often lead to serious consequences for both the pedestrian’s health and the driver’s wallet.

However, it should immediately be noted that the culprit of a collision with a pedestrian is not always the driver of the car. Accordingly, the driver will not always have to bear punishment for the accident.

Accident caused by a pedestrian

Before moving on to consideration of specific road situations, I would like to note that a large number of collisions with pedestrians occur in the dark . This is due to the fact that the driver does not always have time to notice a pedestrian in dark clothes on the road in time and brake. As for pedestrians, not every one of them understands that in the dark the driver can see the road worse. Therefore, many pedestrians cross the road in the same way as they do during the day.

If you often have to cross the road in the dark, especially an unlit or poorly lit road, then I recommend getting reflective clothing items . For example, this could be 2 white reflective stripes on the legs of the trousers. A pedestrian with such elements is clearly visible in the dark, so the risk of getting run over is much less.

Note. Let me remind you that from July 1, 2015, pedestrians outside populated areas are required to have retroreflectors. In populated areas there is no such obligation, but the rules still recommend having such elements.

Let's move on to considering accidents caused by pedestrians. In order for a pedestrian to be the culprit of an accident, it is necessary that he violates one of the traffic rules. The most common violations that occur are:

A pedestrian crosses the road at a controlled crossing at a red traffic light.
A pedestrian crosses the road outside a pedestrian crossing.

Let's look at the most common reasons why pedestrians break the rules:

1. The pedestrian is in a hurry and therefore wants to cross the road along the shortest path. It is haste that causes so many road accidents. Therefore, if you realize that you have to hurry when participating in traffic, then stop for a couple of minutes and take a breath. It’s better to be late for business than to get into an accident and be even more late.

2. The pedestrian does not know the rules and crosses where the maneuver seems most convenient and safe to him. This point can be broken down into several common situations:

A child pedestrian runs out onto the road while playing. Most often, such cases occur in residential areas of cities, so signs are installed there that additionally limit speed (40 km/h).
A retired pedestrian who remembers the times when cars were a curiosity and appeared on the road no more than once a week. Therefore, he walks along the roadway as if on a sidewalk. Unfortunately, it is very difficult to convince such a pedestrian.
A local pedestrian who, out of habit, crosses the road where there was recently a pedestrian crossing. The organization of traffic changes from time to time, and therefore the usual crossings disappear. However, not every pedestrian pays attention to signs and markings. Many continue to walk along their usual route for several weeks after the dismantling of the pedestrian crossing. The situation is quite dangerous, since drivers no longer give way, but pedestrians still walk.
A pedestrian runs after a trolleybus . In this case, the person is very nervous, because... afraid of being late for public transport. At the same time, haste clouds the brain and the pedestrian may not even pay attention to the cars he is trying to pass in front of. So be extremely careful when driving past public transport stops. A huge number of collisions with pedestrians occur near them every year.

These are just a few common situations that both pedestrians and drivers should be aware of.

Let me remind you that when crossing the roadway outside a pedestrian crossing (at an intersection or just on the road), a pedestrian should not interfere with vehicles and leave due to obstacles limiting visibility without making sure that there are no approaching cars.

In addition, I recommend not to step out from behind parked cars at pedestrian crossings without making sure of your own safety. In the event of an accident at a crossing, the driver of the car will most likely be at fault, but the pedestrian himself should take care of his own safety. You should not enter the crossing without looking. It’s better to wait longer and wait for someone to let you through than to rush and go to the hospital in an ambulance.

Pedestrian liability for an accident

In 2020, pedestrian liability for violating traffic rules is low. The maximum fine is 1,000 rubles (Article 12.30 of the Administrative Code).

However, if an accident occurs due to the fault of a pedestrian, causing harm to health, the punishment will be more serious:

Light or moderate harm to health - a fine of 1,000 - 1,500 rubles (Article 12.30 of the Administrative Code).
Serious bodily harm is a criminal offense up to imprisonment for up to two years (Article 268 of the Criminal Code of the Russian Federation).
The death of a person is a criminal offense up to imprisonment for up to four years (Article 268 of the Criminal Code of the Russian Federation).
The death of two or more people is subject to criminal liability up to imprisonment for up to seven years (Article 268 of the Criminal Code of the Russian Federation).

Please note that a pedestrian may also end up behind bars if they violate traffic rules.

Hitting a pedestrian due to the driver's fault

Unlike a pedestrian, a driver can commit many more violations that will lead to a collision:

Accident at an unregulated pedestrian crossing. The cause of the collision may be that the driver did not notice the pedestrian in time, or did not notice the pedestrian crossing at all.
An accident when turning at an intersection (clause 13.1 of the traffic regulations) or when leaving the road (clause 8.3 of the traffic regulations). Unfortunately, not every driver knows that when turning they should give way to pedestrians. In addition, it is not always possible to notice a pedestrian who is hidden by parked cars or other obstacles.
Colliding with a pedestrian at a controlled pedestrian crossing.
An accident outside a pedestrian crossing while driving at excessive speed or in violation of another rule.

However, not only violations of the rules can cause a collision. There are several situations in which the driver should be especially careful:

Public transport stops. In their immediate vicinity, pedestrians may unexpectedly appear on the road.
Slowing down cars. Some drivers allow pedestrians to pass everywhere (including outside pedestrian crossings), and if this is not noticed in time, you can get into an unpleasant accident.
Cars parked at the edge of the roadway. Chaotic parking of vehicles makes movement on the road difficult. However, this does not stop pedestrians and they may suddenly enter the roadway.
Pedestrians crossing the roadway at night and not wearing reflective items. Even at a pedestrian crossing, it is not immediately possible to notice a person dressed in dark clothes.
Narrow roads in residential areas of the city. A child engrossed in play may suddenly run out onto such a road.

If you combine several of these factors, you get an even more unpleasant situation:

For example, an uncontrolled pedestrian crossing located near a public transport stop, next to which a truck or minibus is parked, in the dark. Any driver can get into this situation. The probability of a pedestrian appearing unexpectedly is quite high, and it is quite difficult to notice him in time. So be extremely careful, drive at a speed of 20-30 km/h, and carefully monitor other road users.

Driver's liability for hitting a pedestrian

A driver who causes a collision with a pedestrian may be held liable for the following:

1. For violating the rules, resulting in a collision with a pedestrian.

For example, in case of a collision at a pedestrian crossing - a fine of 1,500 - 2,500 rubles.

2. Fines for other violations of rules that may be incidentally identified by traffic police officers.

3. Additional administrative or criminal punishment in case of harm to the health of a pedestrian:

Minor harm to health - a fine of 2,500 - 5,000 rubles or deprivation of a driver's license for 12 - 18 months.
Causing moderate harm to the health of the victim - a fine of 10,000 - 25,000 rubles or deprivation of a driver's license for 18 - 24 months.
Serious harm to the victim’s health is subject to criminal liability up to imprisonment for up to two years.
The death of a pedestrian is a criminal offense up to imprisonment for up to five years.
The death of several pedestrians is a criminal offense up to imprisonment for up to seven years.

Note. The driver should be punished only if he committed a violation of traffic rules, which led to the occurrence of a traffic accident.

If we consider the situation as a whole, it should be noted that a collision with a pedestrian most often occurs by accident due to the simultaneous influence of several factors. Therefore, both pedestrians and vehicle drivers need to carefully monitor the road situation and not risk their own lives and health.

Road accident caused by a pedestrian: responsibility of the driver and pedestrian

Liability for an accident due to the fault of a pedestrian arises according to the rules of the Civil Code of the Russian Federation, and compensation for damage can occur not only through the claim of the injured driver, but also the insurance company. The procedure for bringing pedestrians to justice is significantly complicated by the fact that they do not have a compulsory motor liability insurance policy, and when considering the case, the court will have to establish the degree of guilt of both parties. In this material, we will consider the grounds for compensation for damage in an accident due to the fault of a pedestrian and the procedure for collection.

Terms of division of responsibility

Each vehicle is recognized as a source of increased danger. Therefore, the driver may be liable even in the absence of fault. A pedestrian is also a full-fledged participant in road traffic, but his liability for possible damage can only occur if there is fault.

When considering cases related to compensation for damage from road accidents involving pedestrians, the following nuances must be taken into account:

a pedestrian’s guilt in violating traffic rules can only be confirmed in court - a case of an administrative offense is initiated under one of the elements of the Code of Administrative Offenses of the Russian Federation;
if the accident involves the fault of the pedestrian and the driver, the degree of guilt of each party will be determined in court - two counterclaims can be considered simultaneously;
if the pedestrian is at fault, damage to vehicles, property, life and health of citizens, as well as moral damage are subject to compensation.

For a long time, the issue of pedestrian liability was controversial. This is due to the classification of the machine as a source of increased danger. Judicial practice since 2012 has adhered to the rule on compensation for damage at the expense of the pedestrian in accordance with the provisions of Article 1064 of the Civil Code of the Russian Federation - the corresponding decision was made by the Constitutional Court of the Russian Federation.

The difficulty in obtaining compensation for damage from pedestrians lies in the fact that they do not have a compulsory motor liability insurance policy. For car owners, this issue is resolved simply - compensation is paid by the insurance company, which acquires the right of recourse against the culprit of the accident. If the culprit is a pedestrian, there is no insured event under MTPL, and damage to the car can only be compensated under a voluntary CASCO policy.

Based on the above rules, the car owner’s algorithm for compensation for damage is as follows:

proper confirmation of the circumstances of the collision with a pedestrian - calling a traffic police officer, drawing up a protocol, establishing a circle of witnesses and a list of evidence;
contacting the insurance company if the car owner has a CASCO policy, or if more than two cars were involved in the collision;
obtaining an administrative resolution to hold a pedestrian accountable under the Code of Administrative Offenses of the Russian Federation - this document can also be requested when considering a civil case at the claim of the car owner;
assessment of damage caused to a vehicle and property, as well as determination of harm to the life and health of citizens;
filing a claim in court;
receiving a judicial act and sending it for enforcement to the FSSP service.

Even if the pedestrian’s guilt is confirmed by an administrative decision, the car owner is required to prove the amount of damage caused. In addition, as part of a civil case, the innocence of the driver himself must be proven.

Let's consider how compensation for damage occurs in an accident caused by a pedestrian.

Procedure for bringing to responsibility

Directly at the scene of an accident, it is difficult to establish the unambiguous guilt of a pedestrian, since his behavior on the road can depend on many factors - violation of traffic rules by other drivers, lack of signs or markings, and other reasons. To record all the circumstances of the accident, you need to perform the following steps:

make sure that there is no threat to the life and health of citizens, call an ambulance or take the victims to the hospital;
record the location of the cars, as well as other evidence (for example, take photos or videos);
call traffic police officers to draw up a protocol on traffic violations, as well as to draw up a report on damage to the car;
contact an independent expert to assess property damage;
undergo a medical examination to assess harm to health.

If, as a result of an accident due to the fault of a pedestrian, serious harm to health or death occurs, there is a possibility of criminal prosecution. However, for this to happen, one of the forms of intent must be confirmed in the actions of the person responsible for the accident. In other cases, punishment will follow only in the form of a fine under the Code of Administrative Offenses of the Russian Federation, as well as in the framework of a civil case.

If the traffic police officer establishes the guilt of not only the pedestrian, but also the driver, two administrative protocols are drawn up. In this case, compensation for the injured pedestrian will be paid under the MTPL program. To recover compensation in favor of the driver, you will need to file a lawsuit.

To go to court you will need the following set of documents:

a statement of claim signed personally by the car owner or his representative under a notarized power of attorney;
a copy of the title documents for the car - vehicle registration certificate, PTS;
OSAGO and/or CASCO policy;
materials from administrative proceedings confirming the pedestrian’s guilt in an accident;
an independent expert report confirming the amount of property damage;
a medical certificate confirming the severity of bodily injuries;
payment documents confirming partial payment of insurance;
payment document confirming the transfer of state duty.

It is possible to recover damages from a pedestrian, even if he was not held administratively liable. For example, the Code of Administrative Offenses of the Russian Federation allows you to avoid punishment if the offense is considered insignificant or insignificant. In this case, the very fact of issuing an administrative decision will be evidence of the pedestrian’s guilt.

Trial

The basis for initiating a civil case is a statement of claim. Its contents must include not only information about each participant in the case, but also the following data:

all circumstances of the accident, confirmed by procedural documents (schemes, acts, protocols, etc.);
a list of property and bodily damage that occurred after the accident;
justification of the amount of moral damage, as well as the calculation of property damage;
circumstances confirming the pedestrian’s guilt in violating traffic rules.

If a pedestrian has received a counterclaim for compensation for damage from an accident, it will be considered as part of a single process.

When considering the case, the court will have to evaluate the following facts and circumstances:

absence or presence of fault in the accident of the pedestrian and/or car owner;
nature and degree of guilt;
the presence of additional circumstances that caused the accident or influenced the amount of damage;
the nature of the damage to the vehicle, physical and moral harm;
the validity of the calculation of damages and compensation for moral damages.

If the plaintiff is an insurance company, it must confirm the fact of payment of compensation under the MTPL or CASCO policy. Documents related to confirmation of the insured event will be attached to the case materials.

An independent examination is carried out to assess property damage. The person responsible for the accident must be notified of its implementation. When carrying out expert actions, all damage to the car and other property directly related to the accident is recorded. To calculate the amount of damage, market prices are taken into account. It is also possible to recover the loss of marketable value of vehicles, since insurance companies almost always refuse to pay on this basis.

If the court establishes the guilt of the driver and pedestrian, the claims may be satisfied in the following ways:

the court may recognize the guilt of both participants in the accident in equal amounts - in this case, both claims will be satisfied with a proportional offset of claims;
the court may find that even the pedestrian’s guilty actions and traffic violations were not the cause of the collision (for example, if the pedestrian violated the rules for crossing a bicycle path, but was hit by an exiting car);
the proportional determination of guilt may be affected by the presence of additional objective factors - for example, if the driver had to suddenly change his trajectory in order to avoid hitting an accidental obstacle on the road.

Compensation for moral damage will be recovered if the plaintiff confirms mental and moral suffering that occurred not only during the accident, but also as a consequence of the accident. For example, such suffering includes experiences at the time of a collision and a stressful situation, suffering from pain, etc. The assessment of moral damage is individual, and the calculation of the amount of compensation will be determined by the court, taking into account all the circumstances of the case. If the plaintiff is an insurance company, compensation for moral damage is not recovered.

A judicial act to recover compensation for property, physical and moral damage from a pedestrian can be executed voluntarily or forcibly. If a citizen refuses to pay the awarded amount, the documents must be sent to the FSSP service. The insurance company has the right to receive from the pedestrian only the compensation actually paid under the MTPL or CASCO insurance policy.

Hit a person: what to do in case of an accident involving a pedestrian

Unfortunately, road accidents are not decreasing every year. The culprit of an accident involving a pedestrian can be the pedestrian himself, the driver of the vehicle involved in the accident, or other participants in the situation on the road. Responsibility for the incident lies with the person whose guilt has been proven in court. These could be utility services responsible for the condition of the road, or the traffic police if the traffic light was broken. It is important for everyone to know what to do if an accident occurs, what should be the first steps of a driver who has hit a pedestrian, and what types of liability are provided for those responsible for an accident.

Accident caused by a pedestrian

The driver of the car is not always to blame for an accident; accidents on the roads also happen due to the fault of a person crossing the roadway. Most often, a pedestrian becomes the cause of an accident when crossing the road in the wrong place. An accident at a pedestrian crossing can also be blamed on the person crossing the road at a red light. What other circumstances could there be that led to the tragedy?

Causes of the accident

An accident involving a pedestrian can also occur due to slippery or uneven road surfaces or poor visibility. There are situations when a car wheel falls into an open hatch or a deep hole. Many accidents occur in the evening and at night, and therefore it is advisable for people who often cross the road during this period of the day to purchase clothing with reflective elements. We list the main causes of accidents due to the fault of a pedestrian:

absent-minded attention;
crossing the road while drunk;
parental neglect of children;
inability to quickly orientate a retired pedestrian or a disabled pedestrian in a moment of danger;
disregard for the danger lurking on the road.

In addition to an accident involving a pedestrian crossing the road in the wrong place, the cause of the accident is often the negligence of cyclists, weather conditions, ice, or a tree blown down by the wind.

Responsibility for creating the situation

Judicial practice in cases where an accident at a pedestrian crossing occurs due to the fault of a person crossing the road when the light is red is extensive. Each case of an accident is examined by the court individually. Typically, in such cases, punitive measures against a pedestrian are limited to a fine, the amount of which varies from 1 to 1.5 thousand rubles.

If a pedestrian is to blame for the accident, serious bodily injury is caused to the driver or passengers, criminal liability will be assigned, and the court may decide on imprisonment. If people died in an accident due to the fault of a pedestrian, he faces a prison term of up to 7 years. So, in order not to cause an accident, pedestrians need to be no less careful than drivers, since they too can be punished for violating the rules, including being put behind bars.

Road accident caused by the driver

Irresponsible behavior of a vehicle driver is the most common cause of road accidents, leading to tragic consequences in the lives of many participants in the accident. Here are some factors in a pedestrian accident where the driver is at fault:

increased movement speed;
state of alcoholic intoxication;
failure to comply with the rules when overtaking;
approaching an unacceptable distance with other cars;
inattention, distractions;
driving through an illegal traffic light;
fatigue and falling asleep while driving.

There may also be other violations by the driver of the prescribed rules that could lead to an accident.

The main causes of collisions with pedestrians

Analyzing the judicial practice of accidents on the roads, we can conclude that the predominant factor is non-compliance with the speed limit. This is what most often causes accidents with the most severe consequences. Often an accident occurs due to a technical malfunction of the vehicle. With regular maintenance, the likelihood of an accident for this reason can be minimized.

And if a driver hits a pedestrian with a car mirror, is this an accident or not? When this happens, you should stop and talk to a passerby and offer help. If there is a need to visit a doctor, it is better to do this together with the victim. If the pedestrian stated that he has no complaints, it is recommended to take a receipt from him in which he will record this. If the victim demands exorbitant sums, it is important not to follow his lead - let the degree of guilt be determined by the court.

First actions in case of an accident

When an accident occurs, no matter who is at fault, the driver must turn on the warning lights and set up a warning triangle. If there are victims, call doctors and the traffic police. Providing first aid in an accident can save the life of the victim. Therefore, before the doctors arrive, it is necessary to stop the bleeding, perform artificial respiration, and carry out other rescue measures.

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Types of punishment

The law provides for several types of penalties for road accidents caused by the driver. The severity of the measures depends on many factors:

whether the person who drove the car that hit the pedestrian was drunk;
what damage was caused to the pedestrian’s property;
the severity of the injuries received by the victim.

The punishment for an accident with injuries will be more severe if the driver leaves the scene of the accident.

No harm to pedestrian health

It happens that as a result of a collision, a pedestrian is not injured and leaves the scene of the accident. The driver should not drive away if the injured pedestrian has left the scene of the accident. After a short time, the victim may realize what happened, return and call the police, giving the number of the car that hit him. In this case, the driver may be deprived of the opportunity to drive a vehicle for some time for leaving the scene of an accident.

Civil responsibility

This punishment is one of the mildest. It is used when the driver is at fault, not aggravated by additional factors, and when the damage caused to a pedestrian is minor, even if the accident occurred on a zebra crossing. Civil liability includes monetary compensation. Usually the money is paid by the insurance company where the compulsory motor liability insurance was issued. If the driver does not have insurance, or the amount of damage caused to the pedestrian is greater than the insured amount, the person who was driving at the time of the accident is obliged to compensate for the losses from personal funds.

Administrative responsibility

Administrative liability measures are defined in the Administrative Code. They are said to be, if no injuries are caused, bodily injuries of varying degrees of severity. What happens if a driver hits a pedestrian and fled the scene of the accident? If the pedestrian is slightly injured, then administrative liability arises:

monetary sanctions, the amount of which varies from 2.5 to 5 thousand rubles;
confiscation of documents for driving a car for a period of 1 to 1.5 years.

In case of an accident in which the pedestrian’s health is moderately damaged, monetary sanctions are set in the range from 10 to 25 thousand, and the license is confiscated for up to 2 years. If the pedestrian is seriously injured, the driver is subject to criminal penalties.

Criminal liability

The measure of liability is chosen depending on the severity of the harm caused to the pedestrian’s health, how many people were injured in the accident, and whether the driver was intoxicated. Criminal punishment is applied in the following cases:

A traffic accident with a pedestrian was fatal;
the pedestrian was seriously injured.

If a pedestrian is seriously injured, the driver faces up to 3 years in prison, or up to two years of assigned labor. In addition, restrictions are imposed on the occupation of certain positions. The sentence for a fatal accident is 4 years. If there is more than one fatality, the guilty driver of the car goes to jail for up to 5 years. If 2 or more people were killed as a result of a collision, the guilty driver may be sent to prison for up to 9 years if he was drunk at the time of the accident.

Methods of compensation for damage caused

Compensation for the injured pedestrian depends directly on the consequences of the accident. A person may suffer property or moral harm, and his health may suffer (to varying degrees) or he may die. Part of the monetary compensation for an accident involving a pedestrian is covered by compulsory motor insurance.

There are two types of property damage: damage and destruction. If property is damaged, a pedestrian can count on reimbursement for the costs of its restoration. If things and objects were destroyed in an accident, the pedestrian is compensated for their cost.

When talking about compensation for damage to the health of a pedestrian in an accident, we are talking about covering expenses for treatment, medications, recovery, compensation for lost benefits, lost earnings. The amount that must be compensated by the driver of a car that hits a pedestrian is determined by the court. The decision is made on the basis of checks, medical reports, income certificates, and other papers.

If a pedestrian dies, in addition to funeral expenses, the culprit must pay damages to the dependents under the care of the person killed in the accident. If the amount of compensation does not cover the insured events, the person found guilty must pay the difference from his own funds. As for the definition of moral damage, it is believed that if the pedestrian’s health is harmed, then moral suffering is inevitable. This type of damage is confirmed by the same papers as health, as well as by witness testimony.

Pedestrian accident statistics

Facts show that the driver is more often the culprit in road accidents, but pedestrians also often violate traffic rules. Statistics on accidents involving pedestrians have been trending negatively in recent years, but despite this, the numbers remain high. As a result of contact between vehicles and pedestrians, the mortality rate for the latter is about 10 percent. To improve the statistics of accidents in Russia in 2019, the authorities in the regions of the Russian Federation are using different measures:

additional lighting is installed at pedestrian crossings;
underground passages are being built;
roads are being repaired;
Explanatory work is being carried out to improve the literacy of the population.

One of the most important aspects is the prevention of accidents involving pedestrians. For this purpose, schools hold thematic classes in which traffic rules are explained to teenagers.

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Accident with a pedestrian: culprits, consequences, punishments

Road accident with a pedestrian: reasons for the collision, what punishment the driver and pedestrian who violated the rules will suffer, recommendations from experts.

Quite often there are cases when, as a result of an accident, not only damage is caused to other people's cars, but pedestrians who happen to be nearby also suffer. An accident with a pedestrian can lead to serious troubles for the culprit and result in large financial expenses.

On the issue of guilt, motorists have two opinions. Some believe that the driver is always responsible for a collision, while others shift the blame to the pedestrian himself.

It is worth noting here that it is necessary to understand on the spot for each specific case. And, if the motorist is not guilty, then he should not be punished.

We will look at all possible situations in more detail in this article.

Accident with a pedestrian who violated the rules

The easiest way for drivers and pedestrians is to monitor each other and notice all the violations that they commit while participating in the traffic process. Some complain about people who run out onto the roadway in the wrong place, others are unhappy that they are not respected at the zebra crossing.

The confrontation between the two camps will last forever, but this is not a reason to risk your lives.

One way or another, a large percentage of accidents involving a pedestrian occur in the evening and at night, when it is already dark outside. A motorist may not immediately notice a person, especially if he has dark clothes that are inconspicuous in the twilight.

As for the pedestrians themselves, they break the rules in the same way at any time of the day, without making allowance for the fact that it is more difficult to see them in the dark.

For this reason, it is recommended to have clothing with reflective elements sewn onto the jacket, pants, and hat. With such stripes, a person becomes more visible on the street and has every chance of avoiding getting into an unpleasant situation.

Pedestrians in most cases become the culprits of road accidents due to their violation of traffic rules. They may ignore traffic lights and cross the road when the light is red, or risk jaywalking.

There are many reasons for such violations. Most common:

Rush. When a person is in a hurry, he may come to the decision to take a shortcut and cross the street at a convenient place for him, neglecting all the rules that they were taught at school.
Ignorance of traffic rules. If a person does not understand where it is possible and where it is not possible to cross the lane of traffic, he makes a decision on a whim - he chooses the path that seems to him the safest and most convenient. There are several sub-points here:

— A child may accidentally run out onto the road to pick up a ball, getting carried away by the game or for some other reason. This is not an uncommon case in residential areas; it is there that signs limiting speed to 40 km/h are most often installed.
— A pensioner, who is used to living in times of shortage of cars on the streets, boldly goes out on the road in any place convenient for him. It is almost impossible to convince him that now it has become dangerous and the number of vehicles on the streets has increased.
— A local resident who was accustomed to the presence of a pedestrian crossing previously in this particular place. The crossing could be dismantled and the sign moved, but a person may not notice this and, from old memory, cross the street where he did it before.
— A person catching up with public transport can break the rules and easily get hit by cars behind the bus.

The list includes the most common types of accidents involving a pedestrian who is an offender. Motorists and people on foot should keep them in mind to avoid collisions and accidents.

When crossing the road where there is no pedestrian crossing, no one has the right to interfere with the movement of traffic by their appearance. It should not unexpectedly appear in the path of traffic due to trucks standing on the side of the road or other obstacles that limit visibility.

The last recommendation also applies to cases when a person crosses the street at a zebra crossing, but the driver does not see him from afar because of the cars parked in front of it.

If an accident occurs, hitting a pedestrian will be considered the driver’s fault, but the pedestrian may pay with his health for such an oversight on his part.

Therefore, it is in his best interest to enter the zebra crossing carefully, making sure that he is visible in the stream of cars rushing towards the crossing.

Violation of traffic rules by pedestrians is punishable by a fine, the maximum amount of which is 1000 rubles.

But if the consequence of such a violation is an accident with more serious consequences, the punishment will be as follows:

1-1.5 thousand rubles. – mild/moderate harm to health,
criminal liability (2 years of imprisonment) – grievous harm to health,
up to 4 years of imprisonment - death of the victim,
up to 7 years – for the death of 2 or more people.

We see that a pedestrian will also be seriously punished for violating traffic rules, since it can entail very serious consequences. Therefore, he is obliged to comply with all regulations related to traffic regulation on the roadway, along with any motorist.

Hitting a person due to the fault of a motorist

People driving a vehicle are more likely to violate traffic rules, and the consequences are more serious.

Pedestrian accidents most often occur under the following circumstances:

The driver failed to notice a person walking along an unregulated crossing or did not attach any importance to the fact that he was approaching a pedestrian crossing.
According to traffic rules, the driver is obliged to give way to pedestrians when turning or leaving the highway. However, he forgot about this point of the Rules or did not notice the people due to nearby cars or other high obstacles.
The motorist ignored the people walking along the crossing.
The car owner exceeded the permitted speed or violated one of the other traffic rules, as a result, he was able to slow down in time when a person unexpectedly appeared on the road.

To avoid accidents involving a pedestrian, motorists should pay special attention to the following:

Public transport stops. People often appear here who either catch up with the bus or get off it and immediately try to cross the road in an unauthorized place.
Vehicles slowing down next to or in front of them. There are often cases when drivers decide to let people cross the street where there is no crossing. If you do not notice such a “broad gesture” on the part of a neighboring motorist in a timely manner, you can provoke an accident.
Parked vehicle. In big cities, cars are often parked anywhere. This greatly interferes with car traffic, but pedestrians appear on the roadway in any case, and this often comes as a surprise to those who are driving at that moment.
Driving at dusk and in the dark. It is quite difficult to notice people in plain clothes without reflectors, so not only at the crossing, but also in any other places where random pedestrians may appear, you must remain extremely attentive.

The apogee for any motorist can be the situation when he drives up on a dark evening to an unregulated crossing next to a bus stop, and there is a truck parked next to him on the side of the road.

In this and other similar situations, you should reduce your speed to a minimum and keep an eye on all road users, including people nearby.

Types of penalties for drivers

Any motorist will do his best to avoid such a situation as a collision. This does not depend on whether the pedestrian breaks the rules by crossing the highway in places not intended for this purpose, or whether he complies with all the conditions of the traffic rules.

An accident caused by a pedestrian or the driver himself is fraught with the following negative consequences:

The driver will lose a lot of time on registration. People who have been in accidents before know that it can take as much as 10 hours to process even minor collisions between two cars. If one or more people are injured, the procedure may take an even longer period.
If, after an accident due to the fault of a pedestrian, he fled the scene of the accident, finding him later will be problematic. So the owner will carry out and pay for repairs of damaged vehicles himself.
A collision, even with minor consequences, is a great stress for many. In our difficult times, people behind the wheel have absolutely no need for unnecessary worries.

In addition to wasting time, effort and nerves, the culprit of the collision will face a more serious punishment.

If you are involved in an accident and hit a pedestrian, you face the following:

1.5-2.5 thousand rubles. a fine for a collision directly at a crossing or under other circumstances that constitute a violation of traffic rules.
Related fines for other types of violations identified by the traffic police officer when registering a collision: for example, if the driver does not have a compulsory motor liability insurance policy, he is intoxicated, the license plate on the vehicle is unreadable, etc.

Administrative/criminal measures for causing harm to a downed person:

- mild degree - the driver will pay 2.5-5 thousand rubles. or will lose their driver's license for 12-18 months;
- medium degree - you will have to pay 10-25 thousand rubles. or your rights will be taken away for one and a half to two years;
- severe - the culprit of the accident can be imprisoned for up to 2 years.

In the case of the death of one pedestrian, the driver may be imprisoned for 5 years; in the case of the death of two or more people, the term increases to 7 years.

It should be understood that punishment is provided only for those who violated traffic regulations, which resulted in an accident. Hitting a person is a random event and is caused not by one, but by a number of circumstances.

Therefore, it is very important, when driving a vehicle, to monitor all external factors and take into account the situation on the road, take your time and not give others a reason to break the rules, risking your own life and the lives of other people.