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Road traffic accident (RTA). Concept and types

Contents of the publication:

Road accident. Definition of the concept
Road accident registration by Rosstat
Types of road traffic accidents (RTA) in ODM 218.6.015-2015
Types of road traffic accidents (RTA) in the repealed 1998 Rules
Another type of accident is a non-contact accident.
Who is considered dead or injured in an accident? “Limited visibility” and “road conditions associated with accidents”

Road accident. Definition of the concept

Road traffic accident is an event that occurred during the movement of a vehicle on the road and with its participation, in which people were killed or injured, vehicles, structures, cargo were damaged, or other material damage was caused (Article 2 of the Federal Law of December 10, 1995 N 196 - Federal Law “On Road Safety”)

The identical definition of the concept of “road accident” is contained in clause 1.2 of the Road Traffic Rules of the Russian Federation, approved by Resolution of the Council of Ministers - Government of the Russian Federation of October 23, 1993 N 1090.

Road traffic accident; (RTA): An event that occurred during the movement of a vehicle on the road and with its participation, in which people were killed or injured, vehicles, structures, cargo were damaged, or other material damage was caused (clause 3.1.2 of the Recommendations for the recording and analysis of road accidents). -transport accidents on highways of the Russian Federation, approved by the order of Rosavtodor dated May 12, 2015 N 853-r).

A road traffic accident (RTA) is an event that occurred during the movement of a vehicle on the road and with its participation, in which people were killed or injured, vehicles, cargo, structures were damaged (lost since May 12, 2015 Rules for accounting and analysis of road traffic -transport accidents on highways of the Russian Federation, approved by the Federal Road Service of Russia on May 29, 1998).

Road accident registration by Rosstat

Rosstat Order No. 887 dated December 29, 2017 “On approval of methodological provisions for transport statistics” (this order was not officially published) contains the following provisions:

Deceased - a person who died at the scene of a traffic accident or died within 30 days after the accident.
Wounded - a person who received bodily injuries at the scene of a road traffic accident, which led to his hospitalization for a period of at least one day, or the need for outpatient treatment.

State statistical reporting on road traffic accidents includes information only on road traffic accidents in which people were killed or injured .

Road traffic accidents are taken into account according to the following main criteria:

types (collision, rollover, collision with a standing vehicle, pedestrian, obstacle, cyclist, passenger fall);
places of commission (in populated areas, on public roads, private roads, toll roads, non-public roads, at railway crossings and other places);
reasons, the main of which are: violation of traffic rules (including by vehicle drivers), technical malfunction of vehicles and unsatisfactory conditions of maintenance and arrangement of the road network;
categories of victims (drivers, cyclists, passengers, pedestrians);
participants in incidents (including those involving pedestrians and children under 16 years of age);
time of occurrence (days of the week, time of day).

Types of road traffic accidents (RTA)
in ODM 218.6.015-2015

In the Industry road methodological document ODM 218.6.015-2015, valid since May 12, 2015, “Recommendations for recording and analysis of road accidents on highways of the Russian Federation,” approved. By order of Rosavtodor dated May 12, 2015 N 853-r, only the following types of accidents are identified:

road traffic accident with victims: An event that occurred during the movement of a vehicle on the road and with its participation, in which at least one person was killed or injured (clause 3.1.3). In this case, injured in an accident is understood to be a person who received bodily injuries in an accident that resulted in his hospitalization for a period of at least one day or the need for outpatient treatment (clause 3.1.10). who died in an accident as a person who died at the scene of an accident or died from its consequences within the next 30 days.

road traffic accident with particularly grave consequences: A road traffic accident in which 5 or more people died, 10 people or more were injured. (clause 3.1.4).

The previous Rules for accounting and analysis of road accidents on highways of the Russian Federation, approved by the Federal Road Service of Russia on May 29, 1998, contained a more detailed description of a road accident, which differed more favorably from the current Recommendations approved by Rosavtodor on May 12, 2015.

Types of road traffic accidents (RTA)
in the repealed 1998 Rules

In the Rules for recording and analysis of traffic accidents on highways of the Russian Federation, in force until May 12, 2015, approved. By Order of the Federal Road Service of Russia dated May 29, 1998 N 168, road traffic accidents were divided into the following types:

Collision is an incident in which moving vehicles collide with each other or with railway rolling stock.

This type also includes collisions with a suddenly stopped vehicle (in front of a traffic light, during a traffic jam or due to a technical malfunction) and collisions of railway rolling stock with a vehicle stopped (left) on the tracks.

Rollover is an incident in which moving vehicle overturned (for example, the court came to the conclusion that the overturning of a truck crane on the territory of a joint stock company cannot be regarded as a traffic accident, since it did not occur while the vehicle was moving along the road, as provided for clause 1.1 of the Traffic Rules; resolution of the Federal Antimonopoly Service of the West Siberian District dated October 28, 2008 N F04-6437/2008 (14507-A70-11) in case N A70-470/11-2008).

Collision with a stationary vehicle is an incident in which a moving vehicle collides with a stationary vehicle or a trailer or semi-trailer.

Hitting an obstacle is an incident in which a vehicle runs over or hits a stationary object (bridge support, pole, tree, fence, etc.).

A pedestrian collision is an incident in which a vehicle hits a person or the person collides with a moving vehicle.

This type also includes incidents in which pedestrians were injured by a load or object transported by a vehicle (boards, containers, cable, etc.).

A collision with a cyclist is an incident in which a vehicle hits a cyclist or the cyclist collides with a moving vehicle.

A horse-drawn vehicle collision is an incident in which a vehicle hits draft animals, as well as the carts transported by these animals, or the draft animals or carts transported by these animals hit a moving vehicle. This type also includes hitting an animal.

Passenger fall is an incident in which a passenger falls from a moving vehicle or in the cabin (body) of a moving vehicle as a result of a sudden change in speed or trajectory, etc., if it cannot be attributed to another type of accident.

A passenger falling from a stationary vehicle while boarding (disembarking) at a bus stop is not an accident.

Another type of accident is an incident not related to the types indicated above. This includes the fall of a transported load or an object thrown by a wheel onto a person, animal or other vehicle, a collision with persons who are not road users, a collision with a suddenly appeared obstacle (a fallen load, a separated wheel, etc.), etc.

Another type of accident is a non-contact accident.

The last paragraph of paragraph 3 of Appendix 3 to the specified rules for recording and analyzing traffic accidents on highways..., apparently, also included “ another type of accident ”. We are talking, in particular, about so-called non-contact accidents.

In a non-contact accident due to the fault of the driver of the vehicle (who violated the traffic rules), harm is caused to third parties, while there is no physical contact between the vehicle of the harm-doer and the vehicle of the injured person (as well as any other object to which the harm was caused). For more information on the topic of non-contact road accidents, see the article “Non-contact road accidents. Arbitrage practice"

Falling objects on a car, snow from roofs - an accident?

To classify an event as an accident, it matters whether the “injured” car was moving at the time the damage was caused or was parked, because from the definition of the concept of an accident it follows that a road accident is an event that arose primarily while the vehicle was moving along the road.

For example, the court indicated that “from the plaintiff’s statement of claim it is clear that at the time the damage was caused, the car was parked next to the building; the basis for the claim was damage to the car as a result of falling snow, and not a traffic accident ” (resolution of the Federal Antimonopoly Service of the Central District dated 04.02 .2014 in case No. A09-1079/2013)

Stopping a vehicle - process of movement - accident?

The answer to this question determines whether the incident that occurred when stopping the car is considered an accident or not. Accordingly, whether the event is considered an insured event or not.

According to paragraph 1.2 of the Traffic Rules, a “road accident” is an event that occurred during the movement of a vehicle on the road and with its participation, in which people were killed or injured, vehicles, structures, cargo were damaged, or other material damage was caused.

At the same time, road traffic is a set of social relations that arise in the process of moving people and goods with the help of vehicles or without them within the boundaries of roads. Intentionally stopping the movement of a vehicle for up to 5 minutes, as well as for longer if it is necessary to board or disembark passengers or load or unload a vehicle, is a stop.

According to paragraph 1.1 of the Traffic Rules, these Traffic Rules establish a uniform traffic procedure throughout the Russian Federation.

Consequently, paragraphs 1.1 and 1.2 of the Traffic Rules, in their interrelation, relate stopping a vehicle to the process of road traffic.

According to Article 2 of the Federal Law of December 10, 1995 N 196-FZ “On Road Traffic Safety,” the term “ road ” means a strip of land or a surface of an artificial structure that is equipped or adapted and used for the movement of vehicles. The road includes one or more carriageways, as well as tram tracks, sidewalks, shoulders and dividing strips, if any. A similar concept of a road is contained in paragraph 1.2 of the Traffic Rules.

For example, guided by the above rules of law, the Third Arbitration Court of Appeal, in its ruling dated December 09, 2013 in case No. A33-11923/2013, indicated that “since the controversial event occurred at the unloading site of the company..., specially designed for the passage of cars through it for their unloading , that is, being a road, and stopping a vehicle to unload it is part of the road traffic , then the overturning of the vehicle belonging to the plaintiff occurred as a result of a road traffic accident - an insured event provided for in a voluntary insurance agreement.”

Who is considered dead or injured in an accident? “Limited visibility” and “road conditions associated with accidents”

In the now no longer in force Rules for recording and analysis of traffic accidents on highways of the Russian Federation, approved. FDS RF 05/29/1998 N 168 contained definitions of the following terms:

"4. A person who died at the scene of a traffic accident or died from its consequences within the next seven days is considered dead

5. A wounded person is considered to be a person who received bodily injuries in a road accident that resulted in his hospitalization for a period of at least one day or the need for outpatient treatment. In this case, the provision of outpatient treatment is confirmed by documents (certificates) of the medical institution.

6. Limited visibility - the visibility distance for given driving conditions does not meet regulatory requirements due to the geometric characteristics of the road or weather conditions.

7. Road conditions accompanying an accident - actual road conditions at the site of the accident at the time of its occurrence. The fact that unsatisfactory road condition(s) was the cause of the accident is determined by a court decision (based on the results of the investigation).”

Alexander Otrokhov, Logos Legal Center (Omsk), 04/15/2015. (as amended on May 17, 2019)

What is a traffic accident?

An accident involves a lot of negative consequences. The most serious of them is the death of a person or the infliction of severe injuries. However, not all road incidents can be classified as accidents.

What is a traffic accident?

If we turn to the legislation, then an accident is usually understood as an event that entailed damage to a vehicle, and in some cases, harm to human health.

An accident is characterized by the following conditions:

The incident occurred while the vehicle was moving. An example would be a situation where a car owner hits a pedestrian. If the pedestrian himself fell onto a car that was not in motion, then this is not considered an accident.
The incident involved a car.
Causing damage (this can be harm to human health or material damage). It is important to understand that if no damage was caused to any of the vehicles as a result of the collision, then this is not considered an accident.

If any of the above circumstances does not occur, then the situation cannot be classified as an accident.

Categories of road accident participants

Participants in road accidents include:

The driver is the person driving the vehicle.
Cyclist – a person riding a bicycle.
A passenger is a person who does not drive the vehicle, but is in it.
Pedestrian – a person who does not ride on a vehicle.

In addition to the above concepts, there are others:

The owner of the vehicle is the person who has the right of ownership of the vehicle.
The culprit of the accident is the person through whose fault the accident occurred.
The culprit of the damage is the person through whose fault the health of people or the machine was caused.
Victim – a person who has received material damage.
A victim is a person who has suffered harm to health as a result of an accident.

Types of traffic accidents

There are several types of road accidents, each of which is regulated by current legislation.

Here are just the most common of them:

Collision. The cars crashed into each other or there was a collision between a vehicle and a rolling stock.
Rollover. As a result of the accident, the vehicle lost stability.
Collision with a standing vehicle. For example, a driver lost control and crashed into a stationary car.
Colliding with an obstacle. For example, the driver crashed into a pole or partition.
Hitting a pedestrian. We are talking about a situation where the driver of a vehicle hit a pedestrian or the latter himself collided with a car.
Hitting a cyclist. We are talking about a situation where the driver of a vehicle hit a pedestrian or the latter himself collided with a car.
Collision with a horse-drawn vehicle. A horse-drawn vehicle means a vehicle containing animals. If the driver of the car hit an animal, then this will also fall into this category.
The passenger fell while the car was in motion.

Signs of an accident

For an incident to be defined as an accident, five conditions must be met:

The incident must actually happen and be an event that was not entirely dependent on the will of a person. An accident can occur in complete or partial isolation from the will of road users. With complete isolation, there are no culprits, since the accident occurs due to natural phenomena or the situation on the road. With partial isolation, there is a culprit - a person who violated traffic rules. An incident is a relative event that occurs due to the action or omission of a person. The person has no influence on the further development of the situation. Actions include aggressive driving, and inactions include failure to perform emergency braking.
An accident must involve at least one vehicle, which means a designed device for moving people and goods. The vehicle can move due to the engine, physical strength or animal labor. The animal itself is not a vehicle, but the carriage or cart it pulls behind it fits the description of a vehicle. An exception is a walk-behind tractor with a trailer, since its main task is not to move people and cargo.
The status of an accident is assigned only if at least one of the participants in the incident was in motion at the time of the collision. If the side mirror of a parked car was knocked down while driving, then this situation falls under the description of an accident. But if a parked car was damaged by an icicle falling from the roof, then this incident does not apply to an accident.
An accident cannot happen without financial or physical consequences. Financial means the need to incur monetary costs for car repairs. Physical means the death or injury of a person, due to which he was forced to spend more than 24 hours in the hospital. In road accidents, vehicles are necessarily damaged, and people are injured physically and mentally. If a car pushed a pedestrian, then the incident does not fall under the description of an accident. In this case, the driver will be considered a traffic violation. But if during such a collision a telephone is broken or injuries are sustained, then the violation is assessed as an accident.
The accident must occur while driving on the roads. Road traffic refers to the driving of vehicles on places that are specially designed surfaces for vehicles to move on. Incidents that occurred in adjacent areas are also treated as road accidents. But the case of a collision in an open field does not fall under the concept of an accident, and the culprit will be identified on the basis of civil law.

What is not a traffic accident?

An accident will not be considered an accident if:

no moving vehicles were involved and no one was injured;
the collision occurred off roads intended for vehicle traffic.

Then the incident will be considered only on the basis of civil law.

Causes of road accidents

The main reason why road accidents occur is traffic violations.

Most often, drivers ignore the following rules:

Failure to comply with speed limits. Drivers cannot always soberly assess the situation on the road, especially when exceeding the established maximum permissible speed.
Violation of the rules when overtaking. The rules that must be followed when overtaking are specified in section 11 of the traffic rules. If the driver is not confident that he can successfully complete the maneuver, then he should not overtake.
Failure to maintain distance. The distance to the vehicle in front must be sufficient for the driver to maneuver to avoid a collision.
Driving while under the influence of alcohol or drugs. A drunk driver poses a danger to all road users. If traffic police officers catch a violator in this state, he will be fined up to 30,000 rubles. Additionally, a citizen may be deprived of his rights for up to 2 years.

There are other factors, besides traffic violations, that cause accidents:

Insufficient driving experience. Most people involved in road accidents are newbies. The only way to eliminate this deficiency is to constantly practice driving.
Violation of traffic rules by other road users.
Inattentive driving. You can often find a situation where people are driving, talking on the phone, eating, etc. This behavior is disorienting, reduces attentiveness, which can cause a person to miss a road sign or traffic light. When driving, all attention should be focused on the road.
Road conditions. Slush, snow, rain, ice - these are factors that change the behavior of the car. The driver must pay special attention to the maneuvers of other road users in any unusual weather and road conditions.
Vehicle malfunction. Any deviations from the norm in the operation of the car must be immediately corrected by the services. Any noise or hum can be a serious breakdown, due to which the driver may get into an accident.

Most often, the participants in road accidents are people who behave aggressively on the road or are unable to control themselves in critical situations. An indirect cause of an accident may be a person’s poor moral or physical condition.

Fines for causing an accident

A car collision is a standard situation on the road, for which there are no penalties. Liability is imposed if one of the participants in the incident committed a violation that resulted in an accident or non-contact accident. For example, a person can drive through a red light, then the fine for causing an accident will be 1,000 rubles. A complete list of fines for road accidents is available at this link.

Fines after an accident

A fine can be collected not only for causing an accident, but also for actions after it. A fine of 1,000 rubles is imposed on persons who do not display a warning triangle. If the driver fled the scene of the accident, he will be deprived of his license for up to one and a half years.

The most severe penalties will follow if the driver uses alcohol or drugs after the collision. Then the person may lose his rights for up to two years.

Compensation for material damage and moral harm

After an accident, a procedure for compensation for material damage and compensation for moral damage is required. The person responsible for the incident is required to pay. If there are several such persons, then all of them must pay the funds in equal proportions, unless there is evidence that one of the participants is more to blame for the accident.

The traffic police carries out an investigation into the accident to identify the cause and culprit of the incident. It is this person who is subject to the obligation to compensate for damages. If the culprit does not agree with the decision made by the police, then he can go to court with a corresponding claim.

Definition and classification of accidents in traffic rules

Road accidents can be viewed from various points of view, for example, as an offense or from a technical point of view.

Let's consider a road traffic accident according to the traffic rules of the Russian Federation: what is a road accident, what types of road accidents exist, their main characteristics and causes.

How do traffic rules treat a traffic accident?

According to the Rules, an accident is an event that occurred while a car was moving on the road, involving the vehicle itself, as a result of which death occurred, damage to health, property, structures or other material things was caused. This concept is fixed in clause 1.2 of the Traffic Regulations, the Federal Law “On Road Safety” and other legislative norms.

Signs of an accident

In order for an incident to be truly recognized as an accident, it must meet certain conditions:

Sign of an event: as a result of the action or inaction of an individual, a phenomenon arose, which subsequently continued without his participation. Driving into the oncoming lane (action) or not turning on a turn signal (inaction) happen at the will of motorists, and harm occurs due to the operation of physical laws.
Sign of vehicle movement: to recognize the fact of an accident, at least one of the vehicles involved must have been in motion. If a stationary car is damaged by a passerby, then the situation is an accident, even if there were no people in the first car. The fall of various things from a window or trees onto a car in the yard is not considered an accident, but is a cause of harm by citizens, public utilities, organizations, etc.;
A sign of a road traffic process: in case of an accident, the movement of vehicles, people, and cargo on the road surface is established - a surface for movement, including roadsides, sidewalks, railroad crossings, and tram tracks. Despite the fact that courtyards and other adjacent areas are not roads, traffic on them is regulated by traffic rules, therefore collisions on them will be considered accidents;
Sign of a vehicle: a technical device must be used, the purpose of which is to move people or goods along the roads. Transport can be driven by engines, human power, or animals. Bicycles, motorcycles, trailers, carts and carriages driven by donkeys or horses correspond to the concept of a vehicle, but the animals themselves are not recognized by them;
Sign of consequences: after an accident, negative consequences must occur in the form of material damage to the environment, other vehicles or people, including their death.

Participants in an accident

Participants in the incident are persons involved in the accident as perpetrators or victims. The SDA identifies the following participants:

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driver - the person driving the vehicle, drivers, driving instructors sitting in the passenger seat while students are driving the car;
passenger - a citizen who gets into or out of a car driven by a driver, or is in it directly while driving or parking;
pedestrian - a person who is not in any vehicle, but moves along the roadway, sidewalk, tram tracks or other element of the road. This includes people who skate, drive a bicycle, a scooter, or a stroller;
cyclist – a person driving a bicycle, which, according to traffic regulations, is a vehicle.

Also, according to traffic regulations, the following categories of road accident participants can be distinguished:

car owners;
accident culprits;
those responsible for the damage;
victims and victims.

The culprit of the accident may be a pedestrian, and the mechanic who repaired the car may be responsible for causing the damage.

What are the types of road accidents?

Incidents can be divided into different types depending on their characteristics.

Based on the nature of the incident, the Rules distinguish the following types of accidents:

collision - an accident due to contact of vehicles with each other, trains, impact on a suddenly braked car;
rollover – an incident in which a vehicle overturns;
collision with a standing vehicle – a moving vehicle has collided with a standing vehicle or trailer;
hitting an obstacle - the vehicle has hit a stationary object (building, fence, fence, green space, poles) or has been hit;
hitting a pedestrian - an accident in which a car hits a person or the latter collides with a vehicle transported by cargo or objects;
collision with a cyclist - a car collides with a driven bicycle or vice versa;
collision with horse-drawn vehicles - an accident in which a vehicle collides with carts driven by animals, or with the animals themselves;
passenger fall - persons transported in a car fall outside the vehicle or in their interior due to a change in speed or trajectory of movement.
other types of accidents - any types of accidents that cannot be classified as above: a wheel bouncing onto a pedestrian, a collision with a flying load, etc.

There are also non-contact accidents that are not indicated in the traffic rules. They are possible in situations where the driver provokes other road users to actions that cause them harm, but there is no physical contact between the culprit’s vehicle and the victims.

According to the nature of the harm:

minor;
large;
with damage to cars;
with damage to non-vehicles;
with damage to human health;
with the death of individuals.

By number of participants

one driver;
two participants (most common);
three or more participants.

According to the severity of bodily injury:

mild – short-term health disorder;
medium – long-term health disorder;
severe – life-threatening at the time of injury, loss of an organ or its function, termination of pregnancy, permanent disability or loss of professional skills;
fatal outcome;
serious situations - the death of several or the injury of many people.

A person killed in an accident, according to the Rules, is a person whose death occurred as a result of the actions of other road users at the time of the accident or within seven days after it as a result of injuries received.

A wounded person in an accident is considered to be an individual who has received injuries and damage that necessitate outpatient treatment or hospital stay for at least 24 hours.

What is not a traffic accident?

Situations when no vehicles were involved in the incident, they did not move, or no damage was caused to anyone cannot be classified as accidents.

In addition, if the collision occurred outside of places where traffic is regulated by traffic rules, then it is not an accident. For example, if cars collided in a field or on the ice of a lake, then the damage caused should be considered from the point of view of civil law.

Causes of road accidents

Road accidents are accompanied by certain factors that influence the behavior of road users. Statistics show that the following conditions most often influence road accidents:

fatigue, illness, malaise of the driver;
distraction (telephone, conversation with a passenger, loud music, animals in the cabin);
meteorological phenomena that interfere with visibility or affect the technical condition of the road (snow, rain, fog, hail, hurricane, ice);
damage to the road surface;
alcohol or drug intoxication, taking medications that affect the perception of traffic conditions;
technical malfunctions of vehicles.

These reasons can be divided into three types:

Subjective.
Road conditions.
Technical factors.

Other factors include the behavior of wild animals, various objects falling on the road, insufficient driver training, and ignorance of traffic rules.

Visibility and conditions accompanying an accident

The traffic rules define the concept of limited visibility, which is typical for the occurrence of an accident. This concept refers to a distance that does not meet the prescribed standards due to the physical characteristics of the road section or weather conditions.

Road conditions that accompany an accident are the conditions in a specific location on a section of the road at the time of the accident. If the causes of the incident are such conditions, then this must be established in a court decision on the basis of investigation materials and research examinations.

Definition of road accidents in legislation: types, participants, documents drawn up

The definition of an accident is specified in the following regulatory documents of the Russian Federation:

Federal Law No. 196 of 1995 (hereinafter referred to as Federal Law No. 196);
Traffic rules (hereinafter referred to as traffic rules);
Rules for recording road accidents on the roads of the Russian Federation (hereinafter referred to as the “Registration Rules”).

Definition

What is a traffic accident? All 3 documents agree that the term road accident should be understood by the dictionary as an incident that occurred while a car (other vehicle) was moving on public roads and with its participation. A prerequisite is the presence of damage, which includes:

Causing injury to people;
Death of people;
Damage to the vehicle (including hidden damage);
Damage to transported cargo;
Damage to buildings and structures.

Clause 3 of the appendix to the Accounting Rules established the following types of accidents:

Collision . An incident during which 2 moving cars (other vehicles) collided, or a vehicle collided with a moving train. Only an incident during which movement was carried out by both participants in the accident can be recognized as a collision. However, the third paragraph of paragraph 3 made a reservation that this type should also include a collision with a vehicle that has suddenly stopped (due to a breakdown, due to emergency braking, etc.) or a collision of a train with a vehicle standing on the tracks.
Rollover . Rolling a vehicle onto its side or onto its roof while driving.
Hit . There are the following subtypes of collision:

On the TS. Collision of a moving vehicle with a stationary vehicle (car, motorcycle, trailer). A collision does not include cases of road accidents, the main signs of which indicate that this is a collision (a collision with a vehicle that has suddenly stopped).
To the obstacle. Impact of a car, motorcycle or any other equipment on an immovable obstacle: house, fence, pole, tree, etc.
On a pedestrian. A collision between a vehicle and a person due to the fault of the driver or pedestrian. This type should also include damage from cargo transported on the road: boards or pipes protruding from a trailer, etc.
For a cyclist. The situation is similar to a collision with a pedestrian.
For horse-drawn transport. A collision with a cart or an animal harnessed to this cart, as well as a collision with an animal not harnessed to the cart.

Passenger fall . A passenger falls while the vehicle is moving, regardless of the reasons for the fall. However, if the accident can be attributed to another type (collision, run-over, etc.), the accident should not be considered a passenger fall. Also, a passenger falling from (from) a stopped vehicle is not considered a fall.
Other road accidents . This includes all other possible situations: a load falling on a person (a car), a wheel (another part of a vehicle) coming off, etc. A separate category is a non-contact incident, when a road user, through his action or inaction, created a situation that led to material damage or harm to the life and health of third parties, but no direct contact occurred. For example, when the actions of a cyclist forced the driver to make sharp maneuvers, which caused the car to slide into a roadside ditch.

Russian legislation clearly defines the concept of an accident. However, not a single regulatory document contains a definition of the concept of participants in the incident. But if we take all the available information, then the concept “Participants in an accident” should be understood as all persons who, in one way or another, participated in the accident. The legislation divides participants into 2 main categories:

The culprits who caused the accident;
Victims who suffered damage in an accident through no fault of their own.

Any person who is a participant in road traffic can become the culprit and the victim. Article 2 of Federal Law No. 196 classifies pedestrians, drivers, cyclists and passengers as such. You should know that drivers are considered to be persons driving a horse-drawn cart, as well as cattle drivers driving animals across the road (along the road).

The participants in the incident are divided separately according to the degree of damage received:

Wounded.
Dead. A road traffic fatality is a person who dies from their injuries within 30 days of receiving them.

Both the perpetrators and the victims can be wounded and killed.

In addition to the above, there are eyewitnesses of the incident from the scene of the accident. This is an individual who personally witnessed the accident, has information about it and can share it (information).

Driver's actions in case of an accident

If the driver of a vehicle is involved in a traffic accident, then, according to paragraphs 2.5 and 2.6 of the traffic rules, he must:

Stop your vehicle and turn on your hazard lights. You cannot continue driving the car, just as you cannot drive away from the scene of the accident. However, paragraph 2.6 of the traffic rules determined that if a car completely blocks the roadway, then the driver must, if possible, move the car to the side of the road, having previously recorded the scene of the incident. If possible, recording is done through photos and videos.
Provide the required assistance to the victims and call a medical team. If the situation requires it, the victim must be sent to the hospital by passing vehicles.
Set up a stop sign. The sign is posted on the road in the direction of travel. The minimum distance of the sign from the vehicle: in populated areas - 15 meters, outside the city - 30 meters. Traffic regulations determined that the distance from the sign to the vehicle should allow other drivers to notice the obstacle in time, slow down and make a detour maneuver.
Call the traffic police and wait for them on the spot.

Documents to be processed

Having arrived at the scene of the accident, traffic police officers draw up the following documents:

A statement of the incident, which indicates the cause of the accident, the main circumstances, date and exact time, and a description of the damage to all vehicles. The following is attached to the protocol:

photo and video recording materials prepared by traffic police officers, participants in the accident themselves or eyewitnesses;
a diagram of the incident, hand-drawn by a traffic police officer;
testimonies of eyewitnesses of the accident and its participants.

A protocol on an administrative offense , which indicates the culprit of the accident and the traffic rule that was violated. Several copies are made: to traffic police officers for transfer to storage, to the perpetrator for review, and to the victim for transfer to the insurance company.

If the culprit is not identified, a resolution is drawn up to initiate an administrative case. If there is no culprit for the accident, a resolution is drawn up to refuse to initiate an administrative case.

If the situation requires it, the participant in the accident (one or more) is taken for a medical examination to establish the fact of intoxication (alcoholic, toxic or narcotic) and to determine the number of ppm of alcohol in the blood.

Registration according to the European protocol

Clause 2.6 of the traffic rules established that if the following conditions are simultaneously met, participants may not call the traffic police officers:

Only 2 vehicles are involved in the incident;
Each driver has a valid MTPL policy;
Material damage was caused only to vehicles (one or two);
The drivers have no disagreement in determining the circumstances of the incident.

In this case, drivers must independently fill out a European protocol form issued by the insurance company. The European protocol is drawn up only on the form and model approved by the insurer. One copy is enough to fill out, so drivers can take the European protocol of the perpetrator or the victim at their discretion. The document displays the following information:

Place and date of the accident;
Number of vehicles that suffered damage;
Witnesses;
Information about the damaged vehicle;
Information about the owner;
Place of first impact;
List of damages;
Circumstances of the incident and scheme;
Signatures.

From June 1, 2018, the maximum amount of compensation under the European protocol is 100,000 rubles. Even if the damage caused to the vehicle exceeds this figure, the insurance company will not pay more than this amount. If the damage to the car clearly exceeds the specified amount, drivers are advised to call traffic police officers to the scene of the accident.

Road accident: what is it, causes, types

Every day you and I become participants in traffic: we travel by public or private transport, bicycle, or simply cross the roadway. At the same time, we must remember that the road is a source of danger, so we need to be very careful and follow the traffic rules. Too frivolous an attitude towards such a seemingly everyday thing can lead to unpleasant consequences - a traffic accident.

Road traffic accident - what is it?

The Road Traffic Rules (hereinafter referred to as traffic rules) give the following definition of an accident (clause 1.2): “An event that occurred during the movement of a vehicle on the road and with its participation, in which people were killed or injured, vehicles, structures, cargo were damaged or other material damage was caused.”

Let's look at it in more detail.

Firstly, an accident is an event, that is, a phenomenon of life that does not depend on the will of people. In other words, something that we would not want to allow, but it happened despite our desire. At first glance, this is an insignificant nuance, but for lawyers it will be important to establish the fact of the “event”, since it will characterize the accident as an accident. Suppose two cars driving behind each other, braking at a traffic light, collided. If the driver behind simply did not have time to brake, say, due to bad weather conditions, that is, he did not want such consequences to occur, then what happened will be an “event.” And further proceedings and the extent of liability of the violator (in this case, restoration of material damage) will depend on this. And if the collision is committed deliberately, that is, at the request of the driver (in the language of lawyers, an “action” will be committed), then in the legal sense the situation changes radically: the driver has violated not just public order, but has encroached on someone else’s life or property, therefore there will be subject to harsher criminal penalties.

Secondly, a vehicle is involved in an accident, and it must move. These two criteria must be met simultaneously. Agree that if hooligans scrawl a bad word on a car parked under the window, then this situation will not be an accident, although your vehicle “participated” in it (the guys will simply be held accountable for damaging someone else’s property). In this case, an important sign of an accident is missing - the movement of the car.

Thirdly, an accident necessarily leads to negative consequences - causing damage (material or damage to health or life). For example, if a pedestrian ran onto the roadway, but the driver managed to brake and did not hit the traffic violator, then such a situation will not be regarded as an accident, because no harm was caused to anyone (except that both escaped with only a slight fright).

Thus, we see that an accident has three main signs:

Occurs regardless of the will of the participants in the accident.
One of the participants is a vehicle that is in motion, on the road.
As a result of an accident, any damage is caused.

Participants in an accident

They can be drivers of any vehicles (cars and mechanical vehicles, such as motorcycles, mopeds, tractors), and at least one of the vehicles in such an unpleasant situation must be on the road - moving. Other road users may also be involved in an accident: pedestrians, cyclists.

Causes of road accidents

The most common reason is violation of traffic rules by vehicle drivers. The following violations most often lead to emergency situations:
- Over speed. Often, drivers do not comply with the established speed limit, which sometimes leads to dire consequences. When choosing a speed, always take into account the situation on the road, weather conditions and other factors. And remember the popular wisdom: “The slower you go, the further you will go.”
- Violation of overtaking rules. Overtaking is a rather responsible maneuver. Therefore, before you start, you need to make sure that it will be safe for you and other road users. And, of course, you need to follow the simple rules specified in section 11 of the traffic rules: do not start overtaking if the car in front or behind you has already started it, or you doubt that you can safely complete the maneuver; Do not overtake at intersections, railroad crossings, or pedestrian crossings.
A common consequence of failure to comply with overtaking rules is a head-on collision.

Indirect reasons include unreasonably risky behavior on the road, inability to control oneself in an emergency situation, poor physical/mental condition of the driver (illness, fatigue, stress). By and large, they lead to any reason from the list, but they are also worth paying attention to.

Analyzing the situations in which car drivers most often got into accidents, we can distinguish the following types:
- Collision. A distinction is made between collisions between two moving vehicles (car, electric car, motorcycle and other mechanical vehicles), collisions between a moving vehicle and another that has suddenly stopped, collisions with a train;
- Assaults
  - Collision with a pedestrian (even if it was his fault that he collided with a car);
  - Hitting a cyclist;
  - Colliding with a stationary vehicle. Please note that the vehicle was not in motion, but was initially standing at the time of the accident (for example, in a parking lot). This is in contrast to a collision where the vehicle was en route but stopped suddenly, for example by braking in front of a pedestrian crossing;
  - Hitting or hitting an obstacle;
  - Collision with horse-drawn vehicles;
  - Hitting animals (wild, domestic, and also birds; including the case when they themselves hit a car);
- Rollover. It is considered an independent type of road accident if it was not the result of a collision or collision;
- Other incidents (falling passengers, falling cargo, etc.).
Actions in case of an accident

What a driver involved in an accident should do is described in Section 2 of the Traffic Regulations.

The exact course of action depends on the situation, but in any case you need to do the following:
1. Stop the car or leave the place, depending on the situation.
2. Turn on the emergency lights and put up a warning triangle.
If an accident occurs, you need to stop the car and turn on the hazard lights

In case of an accident, the driver must place a warning triangle on the road

Responsibility for an accident

Responsibility for an accident will follow if it occurred through someone else’s fault, and not due to some objective insurmountable reasons (for example, natural disasters). The type of liability and punishment for a traffic accident depends on the type and severity of the damage caused, and on whether people were injured due to the accident. It also takes into account whether traffic rules were violated and whether the driver could have prevented the accident. Most often, several types of liability discussed below occur simultaneously, therefore the punishment for an accident is a complex of sanctions.

Civil liability

Occurs in almost every case of an accident and represents monetary compensation by the guilty party for all damage caused as a result of the accident. This is legally enshrined in Article 1079 of the Civil Code of the Russian Federation: a citizen is obliged to compensate for the damage caused by his car unless he proves that the damage arose as a result of force majeure - an extraordinary unpreventable event, for example, a natural disaster - or the intent of the victim.

The driver whose fault the accident occurred must be prepared to pay for all damage caused:
1. For damaged material objects: vehicles, cargo transported on them, various buildings and structures that were damaged as a result of the accident.
2. Expenses for medical care and treatment for victims of the accident, and, possibly, compensation for moral damage.
3. Funeral expenses if a person died as a result of an accident; compensation for moral damage to his relatives.
It should be noted that thanks to compulsory motor liability insurance, the expenses of the person responsible for the accident may be less, since the full amount or part of it will be paid by the insurance company. If material damage is caused within 400 thousand rubles, and health damage is within 500 thousand rubles, then the insurance fully covers it; everything above these amounts will have to be paid to the person at fault for the accident.

Administrative responsibility

Chapter 12 of the Code of Administrative Offenses of the Russian Federation (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation) provides for fines and other penalties for various violations of traffic rules. Therefore, administrative liability in case of an accident will occur if it was caused by any of the traffic rules violations specified in the Code of Administrative Offenses of the Russian Federation (but legally this will be liability for a traffic violation, and not for an accident).

Also, the driver who is guilty of an accident, the consequence of which was the infliction of light or moderate harm to human health, is brought to administrative responsibility. The consequences in the first case are a fine of two to five rubles or deprivation of a driver’s license for a year to one and a half years; in the second case - a fine of 10-25 thousand rubles or rights for one and a half to two years (Article 12.24 of the Code of Administrative Offenses of the Russian Federation).

Criminal liability

Occurs when an accident has led to the most serious consequences - people were seriously injured or killed as a result of the accident. In this case, the cause of the accident was violation of traffic rules or rules for operating the vehicle by the driver. In this case, liability is provided for in Article 264 of the Criminal Code of the Russian Federation. Let us immediately note that a fatal outcome will be considered not only the case when the victim died at the scene of the accident, but also if he died within the next 7 days. Below is a list of consequences of an accident and possible penalties in each situation.
- Serious harm to human health has been caused (that is, life-threatening or involving any organ or its functions):
  - restriction of freedom up to 3 years;
  - forced labor for up to 2 years (plus, this may be supplemented by deprivation of the right to hold certain positions or engage in certain activities for up to 3 years);
  - arrest for 6 months;
  - imprisonment for up to 2 years (may add deprivation of the right to hold certain positions or engage in certain activities for up to 3 years).
Further, absolutely all punishments must be supplemented with a sanction in the form of deprivation of the right to hold certain positions or engage in certain activities for up to 3 years (unlike the above case, where such a sanction may or may not be added - at the discretion of the court).
- Serious harm was caused to a person's health, while the driver was drunk:
  - forced labor for up to 3 years;
  - prison term up to 4 years;
- One person died:
  - forced labor for up to 4 years;
  - imprisonment for up to 5 years;
- One person died, and the driver was drunk:
  - prison term from 2 to 7 years;
- Two or more people died:
  - forced labor for up to 5 years;
  - imprisonment for up to 7 years;
- Two or more people died, and the driver was drunk:
  - prison term from 4 to 9 years.
Responsibility for leaving the scene of an accident

In addition to liability for the accident itself and its consequences, Russian legislation also provides for sanctions for the fact that a participant leaves the scene of an accident, since such behavior of the driver contradicts his duties as prescribed in Section 2 of the Traffic Regulations. For such behavior, you can lose your driver’s license for one and a half to two years or be arrested for 15 days (Article 12.27 of the Code of Administrative Offenses of the Russian Federation).

The traffic rules also prohibit the driver of a vehicle from consuming alcohol, drugs and other similar substances after an accident in which he has become a participant. Violation of this rule will result in a fine of 30,000 rubles and deprivation of a driver’s license for a period of 1.5 to 2 years (Part 3 of Article 12.27 of the Code of Administrative Offenses of the Russian Federation).

A traffic accident is not a pleasant situation. It takes a lot of effort, nerves, time, and entails material costs. Therefore, be extremely careful while on the road.