Road accident with casualties of mild severity

Liability for road accidents with victims

If people were injured as a result of a traffic accident, then only authorized traffic police officers or URPPBD investigators have the right to register it.

Only these persons have the right, after conducting a thorough inspection of the scene of the accident, to draw up an inspection report, as well as a diagram of the traffic accident.

In addition, they are the ones who compile and issue relevant certificates. Their responsibilities include recording the testimony of those involved in the accident and possible witnesses.

When drawing up documents, they must record how the vehicles involved in the traffic accident are located; if necessary, these persons are authorized to send drivers to undergo a medical examination.

As a result of an accident, the health of victims may be harmed to varying degrees of severity:

harm to health of mild severity;
harm to health of moderate severity;
serious harm to health.

Let us note that only a special forensic medical examination can determine the extent of harm caused to the victim’s health.

So, it is simply not appropriate to say at the scene of the incident that the victim’s health was harmed to one degree or another.

Punishment for road accidents with minor injuries

When, as a result of a traffic accident, the victim did not receive any serious injuries, a forensic medical examination will determine that his health was harmed to a mild degree.

In this case, the person found guilty of the accident will be brought solely to administrative responsibility. The basis for holding him accountable will be Article 12.24. Code of Administrative Offenses of the Russian Federation.

As punishment, he will be subject to an administrative fine in the amount of 2,500 to 5,000 rubles. In addition, he may be subject to deprivation of the right to drive motor vehicles for a period of 12 to 18 months.

Fortunately, this article provides that payment of a fine and deprivation of rights are alternative types of punishment. Thus, the culprit has the opportunity to retain his rights and get away with only minor monetary costs.

Please note that you can achieve the most lenient punishment only with the help of a professional lawyer who will defend your interests during legal proceedings.

In addition to being held administratively liable, the culprit of the accident may face the fact that the injured citizen will file a separate claim against him demanding compensation for damage caused to his health and property, as well as moral damage.

Such a claim must be accompanied by documents that will confirm your costs for restoring your health and eliminating the damage caused to your property as a result of the accident.

Such documents may include: the conclusion of an independent examination, extracts from medical institutions, as well as various financial documents.

We especially note that the duration of treatment for the victim should not exceed 21 days. This period includes both inpatient and outpatient treatment. All relevant medical documents will need to be submitted.

Punishment for road accidents with moderate injuries

If, as a result of a forensic medical examination, it was established that the victim’s health was caused by an accident of moderate severity, then the person responsible for the traffic accident will be held accountable in accordance with Part 2 of Article 12.24 of the Code of Administrative Offenses of the Russian Federation.

This article provides for the imposition of an administrative fine in the amount of 10,000 to 25,000 rubles, or deprivation of the right to drive a vehicle for a period of 18 to 24 months.

How to distinguish between mild and moderate harm to health?

By studying the Code of Administrative Offenses of the Russian Federation, you can easily find the answer to this question. Thus, mild harm to health is usually understood as deterioration in health for a short period of time, or loss of ability to work, again for a short time.

Harm to health of moderate severity means deterioration in health for a long period of time, if such deterioration does not pose a threat to the life of the victim, or prolonged loss of one-third of the ability to work.

In this case, the treatment process should not exceed three weeks. An example of moderate harm to health is a concussion resulting from an accident.

Let us emphasize once again that the severity of the harm caused to the victim’s health can only be determined during a special forensic medical examination.

What is the amount of insurance payments if you are a victim, read here.

Penalties for traffic accidents with serious bodily injury

Serious bodily harm is generally understood to mean injuries that pose a threat to the life of the person injured during a road traffic accident.

The results of serious harm to health include:

disruption of the speech apparatus and hearing organs;
visual impairment, as well as its partial or complete loss;
loss of the victim’s ability to work by more than one third, or its complete loss;
irreparable facial damage;
pregnancy interrupted as a result of an accident;
various mental disorders resulting from a person being involved in an accident.

The measure of liability for causing grievous bodily harm is established in the first and second parts of Article 264 of the Criminal Code of the Russian Federation.

These parts establish that a person guilty of an accident, as a result of which grievous harm was caused to the health of the victim, if he was not intoxicated at the time of the accident, may be sent to prison for a term of up to three years.

At the same time, he will be deprived of the right to drive vehicles for the next three years. In addition, instead of imprisonment, the culprit may be punished with forced labor for up to two years.

If at the time of the accident the culprit was drunk, then he could go to prison for the next four years. He will also be deprived of his rights for four years.

Punishment for fatal accidents

If the victim died as a result of a traffic accident, then the culprit of the accident will be punished, which is determined in Article 264 of the Criminal Code of the Russian Federation.

If during court proceedings it is proven that the cause of death of the injured herd was an accident, then the court will render its verdict against the person who was previously found guilty of the accident itself. The sentence will be imposed taking into account all, both mitigating and aggravating circumstances.

This year, a citizen responsible for a fatal accident may incur the following liability:

When only one person died as a result of a traffic accident, the citizen found guilty may be sentenced to forced labor for up to four years, or to imprisonment for up to five years. At the same time, he will be deprived of the right to drive vehicles for the next three years;
When it is established that at the time of the accident the citizen responsible for it was in a state of intoxication, he will be deprived of his freedom for up to seven years. At the same time, he will lose the right to drive a car for three years;
If more than two people died as a result of the accident, the culprit may be sentenced to forced labor for up to five years, or imprisoned for up to seven years. As in previous cases, he will not be able to drive a car for the next three years;
When more than two people died in an accident, and the culprit was drunk, he can be punished with correctional labor for up to five years, or sent to prison for up to nine years. He will also lose his license for three years.

Mitigating and aggravating circumstances in an accident with victims

If you entrust the protection of your interests to a professional lawyer, he will do everything to achieve the maximum mitigation of the sentence. To do this, he will need to present to the judge various circumstances that mitigate your guilt.

These include:

whether you have young children in your care or people in need of constant care;
the traffic violation you committed is minor;
if you are a female person, then pregnancy will also serve as an mitigating circumstance;
the offense you committed was committed for the first time;
you have taken all necessary actions to provide assistance to the victim of an accident.

However, certain circumstances may aggravate your guilt. Such circumstances include:

being in a state of intoxication at the time of the accident;
repeated gross violations of traffic rules;
failure to provide assistance to victims;
an attempt to escape from the scene of an accident.

Liability for road accidents with victims

According to statistics, for every road accident there is more than one victim, so any motorist can cause an accident with harm to the health of the victim or become injured as a result of the accident. Next, we will consider what punishment for an accident with victims is provided for by law, how long it takes to investigate the case, and also what to do if your health was damaged as a result of the collision.

What does the culprit of an accident with victims face?

Depending on the severity of the harm caused to health, the liability of the perpetrator of an accident with victims is established in accordance with administrative or criminal legislation. Administrative punishment is applied in the following cases:

1. Violation of the Rules. causing minor harm to the health of the victim shall entail the imposition of an administrative fine in the amount of two thousand five hundred to five thousand rubles or deprivation of the right to drive vehicles for a period of one to one and a half years.

2. Violation. entailing the infliction of moderate harm to the health of the victim shall entail the imposition of an administrative fine in the amount of ten thousand to twenty-five thousand rubles or deprivation of the right to drive vehicles for a period of one and a half to two years.

Criminal liability arises when life-threatening injuries, mutilations and other serious consequences are caused as a result of an accident. In this case, the penalty is imprisonment for up to two years:

Violation. resulting through negligence in causing grievous harm to human health, is punishable by restriction of freedom for a term of up to three years, or forced labor for a term of up to two years. or arrest for a term of up to six months, or imprisonment for a term of up to two years.

The period may be increased to 3 years in the presence of aggravating circumstances. The latter most often is a state of intoxication revealed during a medical examination. Materials for deprivation of rights in case of an accident with victims in this case are sent administratively to the court immediately. This does not affect the criminal proceedings in any way - the court decision is simply attached to the case.

Determining the severity of harm caused to health

According to clause 4 of section 1 of the order of the Ministry of Health on the approval of medical criteria for determining the severity of harm caused to a person No. 194n, a forensic medical examination is appointed to determine the severity of bodily injuries. It also establishes the presence or absence of a cause-and-effect relationship between the traffic accident and the injuries sustained.

You should also understand what criteria are used to determine the severity of the damage caused. So, based on the above application:

1 Minor damage to health - persistent minor loss of ability to work, as well as short-term health disorder (up to 21 days inclusive).

2 Medium - permanent loss of ability to work by less than ⅓, as well as a long-term health disorder, but safe for life (more than 21 days).

3 More serious consequences are considered severe, and the culprit will have to answer for their infliction under criminal law. But you also need to understand that under certain circumstances, criminal liability can occur even in an accident without serious injuries or injuries.

Possible criminal consequences in an accident without causing grievous harm to health

For example, this can happen after leaving the scene of an accident. The violation itself today falls under an administrative article that provides for deprivation of rights in an accident with or without victims for a period of one to one and a half years:

Leaving the scene of a traffic accident in which he was a participant in violation of the Traffic Rules by the driver entails deprivation of the right to drive vehicles for a period of one to one and a half years or administrative arrest for a period of up to fifteen days.

But leaving the victim in danger is another matter:

Knowingly leaving without help a person who is in a condition dangerous to life or health and is deprived of the opportunity to take measures for self-preservation due to childhood, old age, illness or due to his helplessness, is punishable by a fine in the amount of up to eighty thousand rubles or in the amount of the wages or other income of the convicted person for the period up to six months, or arrest for a term of up to three months, or imprisonment for a term of up to one year.

Therefore, you should never hide from the scene of an accident, because with the current level of saturation of the city infrastructure with security cameras, as well as the availability of video recorders, it is usually possible to find the offender.

Established deadline for considering road accidents with victims

As with the investigation of an accident without injuries, the investigation period for an accident with injuries can reach two months. However, during this period it is not always possible to determine the extent of damage caused to health, so the investigation is sometimes extended to six months.

During this time, investigators:

All participants in the incident are interviewed.

Testimony of witnesses is taken.

It is necessary to understand that when an ambulance is called to the scene of an accident, even if the victim has only one abrasion, until the investigation is completed, a decision from the traffic police, and therefore insurance payments, will not be received.

Where to contact a victim after an accident

An injured party in a car accident may receive compensation for more than just the physical injuries sustained. The list of compensation for personal injury includes the following items:

Earnings lost during incapacity.

Costs of treatment, purchase of medications, care, etc.

Expenses associated with the need for professional retraining due to the inability to work in the previous specialty as a result of injuries received.

These payments in the amount of up to 500,000 rubles are made by the insurance company in accordance with the provisions:

The insurance amount, within the limits of which the insurer, upon the occurrence of each insured event (regardless of their number during the validity period of the compulsory insurance contract) undertakes to compensate the victims for the harm caused, is:

a) in terms of compensation for harm caused to the life or health of each victim, 500,000 rubles.

Art. 7 of Federal Law No. 40-FZ on OSAGO.

In case of an accident with injuries, the injured party has the right to demand compensation for moral damage on the basis of Art. 1100 GK. The Law on Compulsory Motor Liability Insurance does not provide for such a payment, so it must be recovered directly from the culprit of the accident. To do this, a civil lawsuit is brought within the framework of an already open criminal case or civil proceedings. The claim may be filed in the district court of the plaintiff's choice.

Documents for receiving insurance payment

To receive insurance payments under compulsory motor liability insurance, you must submit the following documents to the insurance company:

1 Application for payment of the insurance amount.

2 Conclusion of a medical examination indicating the nature of the injuries, diagnosis, degree of disability, etc.

3 Certificate of monthly income, benefits, pension, etc. on the day of injury to determine the amount of lost earnings.

4 Certificate of incapacity for work (if available).

5 An extract from the medical history (issued at the medical institution), documentation confirming the costs of purchasing medications and paying for services at the medical institution.

If the situation described above occurs, especially with serious consequences, both the injured party and the guilty party will require the professional services of lawyers. They will help you obtain the required compensation from the Investigative Committee in the event of delays or refusal to consider the application, recover the full amount of material and moral damage from the culprit, competently use mitigating circumstances, etc.

Liability for road accidents with victims

Even the most careful and responsible drivers are not insured against road accidents. At night, there is a risk of not noticing a pedestrian walking along the roadway without a flicker. Some motorists rush around the city at great speed, not bothering to turn on their turn signals. And liability for road accidents with victims means serious sanctions, including being sent to places not so remote. It is better for the driver to know in advance what he may encounter in order to behave correctly in the event of an accident.

Victims after an accident: what should a driver do?

First you need to turn on the hazard warning button, get out of the car and place a warning sign at a distance of 15-30 meters from the car. This will prevent a new accident.

The first thing you need to check is the state of health: your own and other people involved in the accident . If the driver’s life is not in danger, he is obliged to go to the victims, but not to step on spilled liquids, scattered fragments of the car, or broken glass. Is it dangerous.

Next, the driver must get people out of the car if they cannot do this themselves. Provide emergency medical care. If your skills are not enough, call passers-by for help. Call an ambulance, reporting the exact coordinates of the scene of the incident. Then call your insurance company to report the incident.

If the driver himself needs emergency help, he can go to the hospital in an ambulance, and call one of his relatives, friends or acquaintances to the scene of the accident.

The driver should under no circumstances attempt to escape . They will be able to find him with almost 100% probability: with the help of surveillance cameras, video recorders, and eyewitness testimony. The following sanctions are provided.

Article 12.27 of the Administrative Code:

deprivation of driver's license for 1-1.5 years;
arrest for 15 days.

For such adverse consequences to occur, the very discovery of a violation is sufficient, and it does not matter whether there are any wounded.

Article 125 of the Criminal Code:

up to 80 thousand rubles of penalties;
collection of wages for six months;
arrest for three months;
correctional labor (maximum – for a year);
imprisonment (maximum one year).

The driver cannot be prosecuted under this article if he did not know that other people were in danger (the violation was not deliberate). Also, for criminal liability to occur, the victim must have been unable to help himself for one of the following reasons:

he is a small child or a frail elderly person;
disease;
helplessness (for example, a person has lost consciousness or suffered a severe leg injury).

In any case, it is not worth the risk to avoid being guilty of the illness or death of another person, as well as a criminal from the point of view of criminal law. The driver’s actions determine what responsibility he will face in the future.

Another important step is to call the traffic police and report the accident . There are many telephone numbers where you can call traffic officers, in particular:

112 – emergency number, by which the applicant will be redirected to the traffic police;
002 – traffic police telephone number for Beeline subscribers;
020 – number for MTS, Megafon, Tele2 subscribers.

It is difficult to remain calm until the traffic police arrive. If victims of road accidents are conscious, most likely the driver will not be able to avoid the conflict. However, you need to control yourself and, if possible, do the following:

find witnesses to the accident, arrange with them to testify, ask for contact information (last name, first name, patronymic, residential address and telephone number);
photograph the situation: cars, road, markings, signs, scattered objects, participants in the accident;
reassure the victims.

How to investigate an accident with victims: actions and deadlines

Traffic police officers, a criminologist and an investigator arrive at the scene of the accident. The driver must answer the official’s questions honestly and not say anything unnecessary. Do not refuse a medical examination to determine alcohol intoxication, otherwise in the future this fact may be recognized as a priori established.

It is useful for the driver to monitor the progress of drawing up the inspection report. This is the main document that is subsequently investigated by the court in the event of administrative or criminal proceedings. Before signing the protocol, you need to carefully read its contents. If any inaccuracies or incomplete information are discovered, this must be indicated in writing and the document must not be signed.

During this period, witnesses to the accident are interviewed, the scene of the accident is examined, inspections and examinations (medical, technical) are carried out. If officials manage to find the culprit causing minor or moderate bodily harm, the materials are transferred to the judicial authority. Proceedings for an administrative offense are initiated, the consideration period of which is 2 months.

Identification during the investigation of a driver guilty of causing serious injury or death of a person results in the initiation of a criminal case. Here the review period stretches for many months. First, an inspection (up to 30 days) and a preliminary investigation (2 months) are carried out, and then the materials are sent to the court.

Types of liability

For causing harm to the health of at least one participant in the accident, the legislator provided for three types of legal liability:

civil law;
administrative;
criminal

Moreover, for the first type of liability to occur, officials do not even need to prove the guilt of the offender.

After an accident, a person's health may suffer. The degree of severity is determined by forensic experts. One of three options is possible here:

Easy degree. The person received a minor injury and was on sick leave for no longer than 3 weeks. This includes cuts, bruises, sprains, due to which the patient cannot go to work, and temporary impairment of any system (for example, vision).
Average degree. The victim cannot go to work for a long time (more than 3 weeks) due to serious health problems. Or during this time any organ loses its functions. But the consequences of the accident still do not threaten human life. Examples of moderate harm: broken and cracked bones, loss of a finger.
Severe degree. The problem that arises poses a danger to a person or leads to other serious consequences for him: it worsens the quality of life, deprives him of the opportunity to work fully, and disfigures his appearance.

Examples of severe:

abortion;
severe injury to the head, chest, abdomen;
acute hypoxia;
loss of vision, hearing;
severed limb;
large scars, scars, burn marks on the face that cannot be cured.

Civil liability

It is compensatory in nature and provides for the payment of money so that the victim can restore health and return to full-time work.

Since civil liability insurance of the car owner is mandatory (OSAGO), the responsibility to pay money to the victim of an accident is assumed not by the driver, but by his insurance company. Driving a car without registration of compulsory motor liability insurance is prohibited.

If a driver without insurance (with an expired policy) hits a pedestrian or collides with a car, causing injuries to people, he will pay compensation for the damage. Plus he will pay 800 rubles of the fine under Part 2 of Article 12.37 of the Administrative Code.

The payment limit for compulsory motor liability insurance is 500,000 rubles. The insurance company will pay this money. If the actual amount turns out to be higher, the remaining amount will be reimbursed by the driver of the car.

What is included in the monetary equivalent of damage caused to health?

paid treatment in a medical institution: stay in a ward, medical and rehabilitation procedures, tests, surgeries, injections;
medicines;
purchase of special equipment for treatment and recovery (crutches, wheelchair, exercise equipment, exercise therapy items);
cosmetic procedures to restore the former appearance;
travel expenses to a medical facility, including temporary relocation to another country for treatment;
nursing services;
temporary disability (lost earnings during forced sick leave);
expenses for retraining in another specialty if, for health reasons, it is not possible to work at the previous job.

Also, in court, the victim can demand compensation for moral damage, citing the fact that he faced severe mental suffering and physical pain. All of the above will cost the driver a tidy sum.

Administrative responsibility

The basis for this type of liability is Article 12.24 of the Code of Administrative Offences. The severity of the sanction depends on whether the harm caused to the person is mild or moderate.

Punishment options for mild cases:

fine 2.5-5 thousand rubles;
deprivation of driver's license for 1-1.5 years.

Punishment options for medium severity:

fine 10-25 thousand rubles;
deprivation of driver's license for 1-1.5 years.

Where does this discrepancy in numbers come from? And how do you understand what decision the court will make? The government representative takes into account the circumstances of a particular case, the degree of guilt of the driver and the victim, the personal profile of the offender, and his assistance to officials in the investigation of the accident. Typically, the court imposes a low fine if the driver quickly admitted his guilt, provided assistance to the victims, and actively participated in establishing the circumstances of the accident.

On the contrary, aggravating circumstances are attempts to evade responsibility (hiding from the scene of an incident, unwillingness to give evidence, its contradictory nature), alcohol intoxication, and gross violation of traffic rules.

Criminal liability

The basis for the application of criminal sanctions is Article 264 of the Criminal Code. Its rules provide for punishments of varying degrees of severity, which depend on the following factors:

degree of danger of consequences;
number of victims;
presence of alcohol intoxication.

Let's consider what options for criminal penalties face a driver who finds himself in an accident with victims through his fault.

Serious harm caused to one person

restriction of freedom for up to 3 years;
forced labor for up to 2 years;
arrest for up to six months;
sent to a colony for up to 2 years.

The sanctions become stricter if the accident occurs after drinking, and look like this:

forced labor for up to 3 years;
sent to a colony for up to 4 years.

Death of one person

forced labor for up to 4 years;
sent to a colony for up to 5 years.

If the driver was “tipsy” at the time of the accident, then his responsibility is increased: the culprit is imprisoned for up to 7 years.

Death of two people (or more)

forced labor for up to 5 years;
colony up to 7 years, and in a state of alcoholic intoxication - up to 9 years.

When considering the materials, the court takes into account the same circumstances that were described above in the section on administrative liability. The court is most severe towards drivers who got behind the wheel after drinking a glass of strong drink, which led to serious consequences.

Conclusion

Thus, the presence of victims as a result of an accident entails heavy moral, temporary and financial losses for the driver, even if he is innocent. The legislator has provided not only administrative and criminal sanctions, but also civil law mechanisms for collecting money. Therefore, you should be extremely careful on the road, and if an accident does occur, do not try to evade responsibility, so as not to receive the maximum punishment.

If you have any questions, you can ask them free of charge to the company’s lawyers in the form provided below. An answer from a competent specialist will help you make the right decision.

Road traffic accident with injured persons

Rarely does a traffic accident occur without casualties. In this case, the victims mean not only those who received serious injuries, but also those who received minor bruises and scratches. In case of such an accident, it is important to know in advance what measure of liability is provided for by law, in which cases compensation for damage falls on the shoulders of the person responsible for the accident, and in which cases it implies deprivation of a driver’s license and freedom.

Decor

Traffic rules clearly regulate the procedure to be followed in case of an accident with victims. Thus, the driver is obliged to immediately stop the vehicle, provide assistance to the victims, and then call the traffic police.

If people were injured as a result of a traffic accident, the driver must strictly follow the instructions:

Provide primary medical care to victims yourself. If the injuries caused are serious, call an ambulance immediately. If the life and health of the victim is in danger, it is allowed to send him by passing cars to the nearest medical facility.
Call the traffic police.
Record the location of vehicles after the accident, infrastructure facilities, belongings and other details related to the accident with victims. Recording via video or photography is encouraged.
If the movement of other vehicles is impossible due to an accident, then after recording the position of the participants in the accident, it is necessary to clear the roadway. Moreover, if there is a shoulder for detour, then it is not recommended to touch vehicles involved in a traffic accident with injured persons.
Interview eyewitnesses of the accident and record their information.

What do traffic police officers record when registering a traffic accident?

Employees arriving at the scene of an accident are required to draw up a diagram of the traffic accident, which the car drivers sign. If one of the drivers is injured and is not able to adequately perceive what is happening, then the road accident diagram is signed by him later. In addition, the following information is entered into the protocol:

data of drivers and vehicles (including MTPL or CASCO numbers of each participant);
testimony of participants in the accident and witnesses;
list of damage received by transport;
injuries sustained in the presence of victims.

The latter are made after examining the victims by ambulance staff.

Responsibility in the Code of Administrative Offenses for road accidents with victims

If there are victims during an accident, then in addition to the road accident report, an administrative or criminal case is also opened. Depending on the degree of harm caused, several types of crimes differ:

The first two types of crimes are considered within the framework of criminal proceedings, while causing harm to health is an administrative offense. According to Article 12.24 of the Administrative Code of the Russian Federation (KOAP), the following types of punishment are provided:

Who assesses the damage caused to health?

Representatives of the medical institution to which citizens end up after an accident are designated by law as responsible for assessing the damage caused to health in road accidents involving victims.

For example, if a person suffered a broken arm during an accident, then the damage is assessed as moderate severity. However, if, as a result of a broken arm, a person develops a latent disease, then medical workers assess the damage as causing grievous harm to health. Accordingly, the case of an accident can be reclassified from administrative to criminal.

Liability of the at-fault driver in an accident with victims

The person responsible for the traffic accident with the victims is determined during the investigation of all the circumstances of the accident. Moreover, if the culprit admits his guilt, the consideration of the dispute is significantly accelerated. The responsibility of the perpetrator can be both administrative and criminal. For example, if a person died in an accident, then the law classifies the crime as a criminal one. If the culprit of the traffic accident was under the influence of alcohol, drugs or toxic substances, the degree of liability increases.

In addition to criminal prosecution, the driver is deprived of the right to drive a vehicle, and is also additionally required to compensate for the damage caused to the victim. As a rule, compensation is expressed in payment for medical services and compensation for the period of loss of ability to work.

If a person dies in an accident, then all the circumstances of the case are examined to qualify the charge: murder by negligence or murder in an accident.

Actions of the at-fault driver in a traffic accident

On the official website of the traffic police there is a reminder for drivers on how to behave after a traffic accident with victims. First of all, someone involved in the accident must remain calm. The rules stipulate that the person responsible for an accident with victims is identified during the investigation. However, the driver, who actually caused a road accident, is obliged to provide assistance to all victims, inform the traffic police about the incident, and record the position of all objects related to the incident. If it is not possible to call traffic police officers using mobile communications, there are no passing cars or witnesses, it is allowed for the victims to be sent by the culprit in their own transport to a medical facility.

Before leaving the scene of an accident, it is necessary to record the location and circumstances of the accident using photos or videos, as well as place an emergency sign on the roadway. If a person died during an incident, you cannot leave the scene of the accident; you must inform the traffic police about the incident by all possible means.

Punishment for an accident with victims at a pedestrian crossing

A pedestrian crossing is a specially designated place on the road that can be used by pedestrians. Drivers do not have the right to refuse to let a person cross a zebra crossing. Therefore, all traffic accidents with collisions at a pedestrian crossing a priori occur only through the fault of the driver who is driving the vehicle. The penalty depends on the degree of harm caused to the pedestrian.

If a pedestrian is slightly frightened or bruised, the driver has the right to resolve the conflict on the spot if the victim does not mind. If a person crossing the road at a pedestrian crossing suffers light or moderate damage to health, the driver is obliged to provide first aid and call the traffic police. The punishment will be determined by the court. In case of serious harm to health or death, a criminal case is opened against the culprit of the accident with the victims.

The severity of the punishment is also influenced by the circumstances of the accident. In particular: at what speed were the vehicles and the pedestrian moving, at what moment the person began moving along the crossing, the driver’s actions after the accident. If the culprit fled the scene of the crime, then his actions immediately fall under the Criminal Code of the Russian Federation - leaving a person in danger (Article 125 of the Criminal Code of the Russian Federation).

Punishment for minor harm to the victim

The Administrative Code clearly establishes the types of punishment for causing minor harm to health - an administrative fine or deprivation of the right to drive a vehicle at the discretion of the court. Moreover, the latter means complete deprivation of rights, regardless of category. For example, if a person has the right to drive a motorcycle, a car and a truck, then if punished by deprivation of a driver’s license, the right to drive all types of transport is lost. The term of imprisonment ranges from 1 to 1.5 years.

When imposing an administrative fine, the degree of damage caused is taken into account. The legislation sets the minimum payment amount - 2.5 thousand rubles. The court cannot oblige you to pay less than this amount, therefore the culprit of an accident with victims, identified during the investigation and trial, will be obliged to pay at least this amount. The maximum fine is set at 5 thousand rubles.

Moderate punishment

The minimum amount of an administrative fine for an accident involving victims who suffered moderate damage to health is set at 10 thousand rubles. Therefore, if during the investigation and trial the culprit of the accident is identified, then at a minimum he will have to pay this amount. The maximum fine is set at 25 thousand rubles. The final amount is determined during the investigation. For example, the size of the administrative fine is influenced by the degree of injury to the victim and the degree of guilt of the driver.

If several people were injured during an accident, then a separate measure of liability is established for each of them. Already from the totality of all punishments, the court establishes one, the one that the guilty person will suffer. For example, if one of the victims received minor damage to health during an accident, and the other suffered moderate damage, then the culprit may be ordered to compensate for damage in the amount of the total amount under both articles of the Administrative Code of the Russian Federation.

If moderate damage to health is caused in an accident, the perpetrator may be punished in the form of deprivation of the right to drive vehicles for a period of one and a half to two years.

Punishment for moderate harm to the victim caused by a driver under the influence of alcohol

Alcohol intoxication is an aggravating circumstance in a traffic accident. Thus, for driving a vehicle while intoxicated without incident, punishment is provided in the form of deprivation of rights for a period of 1.5 to 2 years, as well as an administrative fine in the amount of 30 thousand rubles. If the accident occurred due to the fault of a drunk driver, as a result of which the victim suffered moderate damage to his health, then the culprit is charged with punishment under two articles of the Administrative Code: 12.24 and 12.8. In this case, a fine of 30 thousand rubles is imposed, the license is confiscated for 1.5-2 years, and an additional fine of 10-25 thousand rubles is issued. For a repeated crime, the penalty increases.

Punishment for road accidents with severe injuries

A severe degree is understood as a persistent loss of working capacity of more than one third of the possible one, causing serious harm to health. That is why in case of a traffic accident, as a result of which a person was seriously injured, not an administrative, but a criminal case is opened. The penalty under Article 264 of the Criminal Code is provided for in the form of imprisonment for a term of up to three years. In this case, actual imprisonment can be replaced by forced labor for up to two years. The final decision is made by the court after studying all the circumstances of the case.

Fatal traffic accident

If the injured person dies during an accident, the case goes from administrative to criminal. In this case, it does not matter when exactly the victim died - directly during the accident or after receiving injuries in a medical facility. A fatality in an accident is usually classified as homicide by negligence, but is regulated by Article 264 of the Criminal Code. If the culprit was not intoxicated, then the punishment is provided in the form of imprisonment for a term of up to five years or is replaced by forced labor for a term of up to four years. In this case, the person is prohibited from holding certain positions or engaging in certain activities for this period. The right to drive a vehicle is also lost for a period determined by the court.

Features of road accidents with victims

The circumstances of the accident can be very different. For example, a driver may not be able to control the vehicle due to bad weather conditions, which will lead to a traffic accident with injuries. In this case, it will be illegal to charge him with the highest degree of responsibility, since little depends on him. That is why, when determining the degree of guilt, all circumstances of the accident and the actions of the participants in the accident are always considered. If the culprit of the incident violates the established traffic rules, then this is also taken into account when imposing a punishment.

Punishment for road accidents with victims: criteria for establishing the severity of harm and liability

If people were injured as a result of an accident, the perpetrator may be held liable for damage to their health. Let us consider on the basis of what criteria such liability is established, and what it may be, taking into account the consequences of a road incident.

What are the criteria for determining the degree of harm to health?

Punishment for an accident with victims depends, first of all, on the severity of the harm caused to the health of the people injured. It is determined by an employee of a specialized medical institution who has the necessary powers.

There are the following categories of health damage caused in a road accident:

The main criterion for grievous harm is that a victim in an accident receives injuries that can be life-threatening or lead to a threat to human life. Such injuries include:

intracranial injuries;
closed organ injuries;
multiple fractures;
damage to large arteries and veins;
3rd and 4th degree burns.

The consequences of such injuries can be:

shock;
coma;
excessive blood loss;
loss of the ability to see, hear, speak;
mental trauma.

Moderate harm.

Its main criteria:

the presence of injuries leading to a long-term - more than 21 days - impairment of health that does not threaten human life;
partial loss of ability to work.

An example of an injury that may indicate moderate harm is a moderate cerebral contusion.

Its main criterion is a short-term health disorder, from 1 to 20 days. Examples of injuries in which minor harm to health is established are a fracture of the wrist bone, a mild concussion.

Let us now consider what liability is established by Russian legislation in relation to the culprit of an accident in which the health of other people is harmed to one degree or another.

Serious bodily harm in an accident: liability

Liability for an accident with victims in the event that their health is seriously harmed is determined not only by the severity of the injury, but also by the presence of mitigating and aggravating circumstances characterizing the actions of the culprit of the accident. A mitigating circumstance could be, for example, the immediate provision of assistance to the victim. Aggravating - committing an accident after drinking alcohol.

One way or another, in case of serious harm to health, the punishment is determined on the basis of the provisions of the Criminal Code. In accordance with Art. 264 of the Criminal Code of the Russian Federation, the culprit of an accident can be punished:

For causing grievous harm through negligence:

imprisonment for up to 3 years or forced labor for up to 2 years with possible disqualification (prohibition to engage in certain work activities) for 3 years;
arrest for 6 months;
imprisonment up to 2 years.

For causing grievous harm through negligence when committing an accident while drunk:

forced labor for up to 3 years;
imprisonment up to 4 years.

In case of deprivation of a person’s life due to negligence:

forced labor for up to 4 years;
imprisonment up to 5 years.

In case of deprivation of a person’s life due to negligence during an accident while intoxicated - imprisonment for a period of 2 to 7 years.

In case of deprivation of life of two or more persons due to negligence:

forced labor for up to 5 years:
imprisonment up to 7 years.

In case of deprivation of life of two or more persons due to negligence during an accident while intoxicated - imprisonment from 4 to 9 years.

In all of these cases, the penalty may be supplemented by disqualification for a period of 3 years - at the discretion of the judge, taking into account the circumstances of the incident.

If intent in the actions of the perpetrator is proven, then more stringent provisions of Art. 111 of the Criminal Code of the Russian Federation. For example, if grievous harm is caused, a prison sentence of up to 8 years is possible.

Moderate and minor harm to health in an accident: liability

Punishment for road accidents with moderate injuries is established on the basis of the provisions of the Code of Administrative Offenses of the Russian Federation. That is, criminal liability is excluded.

In accordance with Art. 12.24 of the Code of Administrative Offenses of the Russian Federation, the culprit of a road incident may be punished:

a fine of 10-25 thousand rubles;
deprivation of rights for 1.5-2 years.

Punishment for an accident with minor injuries is determined, as in the case of harm of moderate severity, on the basis of the provisions of Art. 12.24 Code of Administrative Offenses of the Russian Federation. In this case, sanctions are possible in the form of:

a fine of 2500-5000 rubles;
deprivation of rights for 1.5-2 years.

The punishment in both cases is determined on the basis of a protocol drawn up by a traffic police inspector after studying the circumstances of the incident. This protocol indicates that the actions of the guilty person are qualified as an administrative violation.

Let us now consider the features of receiving compensation for injury to health in a road accident by the injured person. These compensations are within the jurisdiction of civil law and are assigned regardless of the application of the provisions of the Criminal Code of the Russian Federation and the Code of Administrative Offenses of the Russian Federation to the culprit of the incident.

Compensation for health damage: nuances

How compensation will be paid to the injured person depends on whether the person at fault for the accident has a compulsory motor liability insurance policy. If it is, then the injured person needs to:

Collect the necessary documents (a list of them is requested from the insurance company of the guilty party).

Submit a claim for compensation to the insurance company of the person at fault.

In cases provided for by law, it is possible to receive compensation not only for treatment costs, but also for lost earnings.

The maximum amount of compensation for health damage under the MTPL policy is 500 thousand rubles. If it turns out to be insufficient, then the excess amount is recovered directly from the guilty person - in accordance with the provisions of the Civil Code of the Russian Federation and the rules governing civil judicial proceedings. In the absence of a policy, the guilty person compensates for the damage to the victim in an accident on his own.

In a situation where the person at fault in an accident has not been identified (for example, if the driver who committed the accident escaped), then the Russian Union of Auto Insurers pays compensation. There you must present documents proving the harm caused and a statement in the prescribed form.

A separate mechanism for regulating the relationship between the culprit of an accident and the injured party is the conclusion of an agreement on compensation for harm. This is a two-sided document certifying:

the fact that the victim received the agreed amount of money from the perpetrator;
the fact that the victim has no claims against the perpetrator - due to receipt of monetary compensation.

Such an agreement is drawn up pre-trial.

Damage to health in an accident can be:

When it is applied, the punishment is determined according to the Criminal Code of the Russian Federation. The severity of the punishment is influenced by the presence or absence of intent and the fact that the accident was committed while intoxicated.

Punishment is determined according to the Code of Administrative Offenses of the Russian Federation - in the form of a fine or deprivation of rights.

Punishment is determined according to the Code of Administrative Offenses of the Russian Federation - in the form of a fine, less than for causing harm of moderate severity, or in the form of deprivation of rights.