Road accidents with moderate casualties, procedure for analysis

Actions in case of an accident with victims

The roads are full of surprises and a trip to work can turn into a difficult day with waiting for the traffic police, collecting evidence and determining guilt.

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This article will tell you how to behave in a situation if you are involved in an accident where there are victims.

A situation in which any motorist can find himself, regardless of age, experience and gender, is an accident. The traffic police website keeps statistics on accidents that occur daily and the numbers are disappointing.

On average, about 400–600 accidents occur on Russian roads, and in many of them people suffer.

Not a single driver thinks that, having left his yard, he may be the culprit of an accident, and that is why few people know what needs to be done in such a situation. Especially if a person is injured in an accident.

The responsibilities of the driver in the event of an accident are regulated by the Road Traffic Regulations. So Art. 2.5 states that in the event of an accident, the driver is obliged to take a number of actions:

• stop the car;
• turn on the emergency alarm button;
• display a special warning triangle.

These are general rules that a driver must do, regardless of the culpability or severity of the collision. Even if the cars lightly touch each other, these actions must be completed.

If there are victims in an accident, then the driver’s actions are regulated by clause 2.6 of Art. 2 traffic regulations.

The procedure for providing first aid

Clause 2.6 art. 2 of the Traffic Regulations obliges the driver involved in an accident to take measures to provide first aid and call the appropriate services.

Namely:

• emergency medical service;
• police.

According to statistics, deaths during DPT occur due to the fact that first aid was not provided on time.

Often the driver, being in a state of shock from what happened, is lost and does not know how to behave. Although all motorists learn how to provide first aid to victims in a driving school.

With mild severity

It is important to note that only doctors and a special forensic medical examination can determine the severity of health damage.

At the scene of an accident, the driver cannot objectively assess the extent of the damage, but this does not mean that he should remain inactive and not try to help.

Many people are afraid to provide first aid because there is a risk of causing more harm. This is indeed the case, and in this case it is necessary to take into account the harm-benefit ratio.

It is logical that if a car catches fire, then the person must be rescued, even at the risk of aggravating his injuries. According to statistics, a car with a gasoline engine will burn out in 5 minutes. There is also a very high risk of the gas tank exploding.

This time may not be enough for professional rescuers to come and help. But removing a victim from a car during an accident must be done with caution.

Art. 12.14 of the Code of Administrative Offenses of the Russian Federation defines that causing minor harm means a short-term disorder or minor loss of general ability to work. In practice, such injuries include bruises, dislocations, and fractures.

The first thing to do is call an ambulance and ask the people who immediately surround the accident site if there is a doctor among them.

Often their help turns out to be invaluable. When calling an ambulance, you need to tell them as much information as possible about your location. Any detail will be useful as it will help reduce the arrival time of the team.

First aid is to prevent it from getting worse. For minor injuries, when there is no threat to life, you need to carefully move the victim to a safe place.

If there are signs of damage to the limbs, then you need to apply a splint and fix them to immobilize them.

When bleeding, it is important to anticipate its type:

The first is characterized by darker blood that flows continuously. It can be stopped by squeezing the vein below the damaged area. The wound is treated with an antiseptic and bandaged tightly.

Arterial bleeding is characterized by bright blood that bursts out of the wound in fountains. Blood emissions are associated with pulsation and such bleeding is very dangerous. You can stop it by applying a tourniquet.

It is important to indicate the time of application of the tourniquet. This can be done directly on the victim, since there is a period after which the tourniquet must be removed.

After first aid has been provided and the victim’s condition is not in danger, and an ambulance has been called, you can proceed to inspecting the accident scene.

It is important for the driver to record everything that may have at least some significance. Often, pedestrians themselves are to blame for road accidents because they cannot correctly assess the situation and neglect the rules of the road.

With medium severity

According to the Code of Administrative Offenses of the Russian Federation, moderate harm is understood as a long-term health disorder that is not life-threatening.

But since it is difficult to determine on the spot how badly the victim was injured, the first step is to eliminate the threat to life:

• if the victim is unconscious, but is breathing and there is a heartbeat, then it is necessary to bring him to his senses.
• if there is no breathing, you need to start artificial respiration
• if there is no heartbeat, then artificial respiration is performed along with chest compressions.

If the injuries pose a threat to life, it is important to send the victim to the hospital as quickly as possible.

The smartest thing to do would be to wait for an ambulance, but there are situations when the team cannot arrive quickly. In this case, the law obliges the driver to transport the wounded person to the hospital in his car.

At the hospital, you must provide your information, provide documents for the car, and then be sure to return to the scene of the incident.

This rule is written in clause 2.6 of Art. 2 traffic regulations. In this case, the delivery of the victim will not be interpreted as leaving the scene of the accident.

It is important to understand that an accident in which there are victims may fall under the scope of the Criminal Code, and, therefore, threaten the perpetrator with serious consequences.

If you find yourself in such a situation and you have a lawyer for an accident with victims, then be sure to contact him. And do not answer any questions regarding the accident until your lawyer arrives.

Payment procedure for compulsory motor liability insurance

Many people are interested in how the amount that a victim in an accident should receive is calculated.

Recent changes have increased the payment limit to 500 thousand rubles. Many people mistakenly believe that a person injured in an accident will receive the entire amount at once, but payments are calculated according to special standards.

They were adopted by the Government Decree “On the rules for calculating the amount of insurance compensation” with the latest amendments and additions. They clearly state all possible damages and consequences, as well as the percentage to be reimbursed.

So, for example, a concussion will cost 5%, as well as a rib fracture.

According to the standards, 5% of 500 thousand rubles will be 25 thousand rubles .

The most important changes affected the amount of payments associated with the victim receiving disability:

It is important to take into account such a thing as lost earnings due to health reasons.

This expense item is also subject to reimbursement if the amount of compensation calculated according to the standards is less than the salary that the employee did not receive during the period of incapacity.

However, to confirm the fact of the amount of wages, it is necessary to submit documents from work.

What documents are needed in case of an accident to the insurance company under compulsory motor liability insurance, read here.

Whose insurance company should I contact?

Everyone has heard that in case of an accident you can contact your insurance company, thanks to direct claims settlement.

However, it is important to understand that this is only possible when three conditions are met:

• both cars are insured under MTPL and the policies are valid at the time of the accident;
• Only two cars were involved in the accident;
• there were no injuries in the accident.

In other words, compensation for losses within the framework of direct regulation is impossible if people were injured in an accident.

According to paragraph 1 of Art. 12 of the Federal Law “On Compulsory Motor Liability Insurance”, an application for compensation must be submitted to the insurance company where the civil liability of the person who caused the harm is insured.

Deadlines for issuing a certificate

The actions of traffic police officers are regulated by a number of laws and regulations. When an act falls under the Criminal Code of Art. 264 (causing grievous bodily harm), a visit to the crime scene is carried out by an investigative team.

If there are no signs of a crime, and the proceedings will be carried out within the administrative framework, then departure is carried out by employees sent by the duty unit. These provisions are established by order of the Ministry of Internal Affairs No. 185.

Paragraph 216 of this order regulates the procedure for preparing materials on road accidents, as well as issuing certificates. According to it, all necessary documents are issued at the scene of the accident.

However, if it is impossible to complete documents at the scene of an accident, these actions can be carried out at the traffic police post within 24 hours.

If it is impossible to establish the composition of the administrative commission on the spot, then a decision is made to initiate a case and conduct an investigation. The period of such an investigation in accordance with paragraph 5 of Art. 28.7 of the Code of Administrative Offenses of the Russian Federation leaves 1 month.

What documents need to be prepared?

As a standard, when submitting documents to receive compensation under a compulsory motor liability insurance policy, you must collect a complete package in order for the application to be accepted.

You must provide the insurance company with:

• general passport;
• driver's license;
• documents for the car (registration certificate);
• documents stating that the car has passed a technical inspection and is found to be in good working order;
• certificate from the traffic police;
• a copy of the protocol with signatures of both parties;
• if the car was driven by power of attorney, then a copy of the power of attorney.

These documents must be submitted to the insurance company along with an application for compensation in cases where only cars were damaged in the accident.

If people were injured in an accident, then the following documents must be submitted for compensation:

• a medical report indicating all injuries sustained in the accident. It is issued by the treatment institution where the victim was treated;
• certificate of temporary incapacity for work (sick leave);
• if treatment took place in a hospital, then an extract from the medical history;
• checks and other payment documents that confirm the purchase of all medications necessary for treatment;
• If a person received a disability as a result of an accident, then a special conclusion from a medical and social examination is necessary.

If the package of documents does not contain some of the necessary documents or the attached documents were completed incorrectly, the insurer is obliged to inform the victim about this.

Documents can be provided by e-mail, but this does not exempt the victim from providing paper documents.

Liability for road accidents with victims

Depending on the severity of the damage, the culprit may be subject to administrative or criminal punishment.

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 an accident with victims - actions of the victim to obtain insurance

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According to statistics from the official website of the State Traffic Safety Inspectorate for 2018, about 18,214 people died on the roads of the Russian Federation. Another 214,853 were injured of varying degrees of severity. This article will look at what the culprit of an accident with mild to moderate injuries faces, and what he should do immediately after the accident. You can also find information about insurance payments to participants in such accidents.

Procedure in case of an accident

Initially, you should figure out what to do if you find yourself in an accident. The procedure after stopping the car and displaying an emergency sign is reflected in Article 2.6 of the Traffic Regulations of the Russian Federation. It says:

If people are killed or injured as a result of a traffic accident, the driver involved in it is obliged to:

• take measures to provide first aid to victims, call emergency medical services and the police;
• in emergency cases, send the victims along the way, and if this is not possible, deliver them in your vehicle to the nearest medical facility, provide your last name, registration plate of the vehicle (with presentation of an identification document or driver's license and registration document for the vehicle) and return to the scene of the incident;
• clear the roadway if the movement of other vehicles is impossible, having previously recorded, including by means of photography or video recording, the position of the vehicles in relation to each other and road infrastructure, traces and objects related to the incident, and take all possible measures to eliminate them preservation and organization of a detour to the scene of the incident;
• write down the names and addresses of eyewitnesses and wait for the police to arrive.

Registration of an accident in which harm was caused to the life or health of people is impossible without the participation of traffic police officers.

Registration of an accident under compulsory motor liability insurance

Filing an accident is of great importance when obtaining insurance. Therefore, the actions of the victim are fundamentally important in order to receive compensation under compulsory motor liability insurance. In accordance with Federal Law No. 40 of April 25, 2002, vehicle owners are required to carry out motor third-party liability insurance. If you find yourself in an accident, the victim will be able to count on compensation. However, the insurance company will agree to pay the money if the incident is documented correctly.

The procedure is specified in the insurance contract and is also reflected in the MTPL Rules. In accordance with the document, a citizen is obliged to:

1. Call the traffic police and notify the insurer about the accident without leaving the scene of the accident. You can contact representatives of the organization by phone. The number is located in the upper corner of the policy. Additionally, it is recommended to find out the last name of the person who received the call and write it down.
2. Record damage to cars , as well as a general plan of the accident using photos and videos. It is not recommended to move objects related to the incident before the arrival of traffic police representatives.
3. Interview witnesses , if any. It's better to get written testimony. They must be dated and signed. The full name of the witnesses must be recorded.

All of the above actions should be taken only after the victims have received assistance. Traffic police officers will handle the registration of road accidents. They will draw up a protocol that can be provided to the citizen upon his request. Previously, a certificate was issued that had to be submitted to the insurance company. The document is not currently being filled out.

If you don’t know exactly what to do after filing an accident, if you are a victim, there is a risk of being left without compensation or receiving it later. For example, not all victims are aware that they need to fill out a notice and submit it to the insurance company. This rule is regulated by Federal Law No. 40 of April 25, 2002. The document form is attached to the MTPL policy. If insurance was purchased online, the document must be downloaded from the insurer’s website and printed. The paper must be filled out at the scene of the accident together with the other driver. Some of the data will have to be included in someone else’s notice. Based on the paper, the issue of providing payment under compulsory motor liability insurance will be considered.

Punishment for road accidents with victims

There are serious penalties for accidents of this kind. If a passenger or other citizen was injured in an accident, the person responsible for the incident will be held strictly accountable. Punishment can be imposed on the basis of the Code of Administrative Offenses of the Russian Federation or the Criminal Code of the Russian Federation. The choice of preventive measure directly depends on the severity of the harm caused.

Responsibility and the procedure for examining the culprit for an accident of moderate severity is carried out in accordance with the norms of the Code of Administrative Offenses of the Russian Federation. The punishment for an accident of mild severity is determined in a similar way. The person responsible for the incident may be fined from 2,000 to 25,000 rubles.

The degree of harm to health is determined according to Art. 12.24 Code of Administrative Offenses of the Russian Federation:

1. Causing minor harm to health should be understood as a short-term health disorder or a minor permanent loss of general ability to work.
2. Infliction of moderate harm to health should be understood as a non-life-threatening long-term health disorder or a significant permanent loss of general ability to work by less than one third.

Deprivation of rights in case of an accident with injured people can also be carried out. Punishment is applied as an alternative to a fine. A citizen may be suspended from driving for up to 2 years.

Time frame and procedure for investigating an accident with casualties

Time is of the essence in such cases. The timing of the consideration of the case directly depends on what punishment they want to apply to the citizen - administrative or criminal. In the first case, the case must be considered within 1 month from the date of its initiation. The rule is enshrined in Art. 28.7 Code of Administrative Offenses of the Russian Federation. In exceptional cases, the period may be extended. If people were injured in an accident, the law allows the proceedings to be extended for up to six months.

If there are deaths or serious harm to health has been caused, the investigation will be carried out within the framework of criminal proceedings. This will affect the time frame for consideration of the case. The process is regulated by Article 162 of the Code of Criminal Procedure of the Russian Federation. It establishes the following rules for the conduct of the proceedings:

• the case is considered within 2 months from the date of opening;
• if necessary, the period can be extended for another 3 months;
• in particularly difficult situations, the period may be extended to 1 year.

The administrative investigation is carried out in accordance with Article 28.7 of the Code of Administrative Offenses of the Russian Federation. If the investigation is carried out within the framework of criminal proceedings, the process is regulated by Chapter 22 of the Code of Criminal Procedure of the Russian Federation. The presence of victims in an accident will lead to the need for traffic police officers to perform the following actions:

1. The scene of the incident is being inspected . In addition to examining the cars and their parts, blood stains and parts of the victims' clothing are taken into account. If there are dead, the position of their bodies is studied.
2. An investigative experiment is being conducted . At this stage, the picture of the incident is restored. The experiment will make it possible to find out what the participants in the accident heard and saw at the time of its occurrence. This will make it possible to determine whether external factors could have provoked the incident.
3. An examination is being carried out . At this stage, specialists are involved in the investigation to establish or refute certain facts. With their help, the exact location of the accident, the speed of the vehicle and the type of vehicle are determined if the culprit has escaped.

Based on the data obtained, a decision is made to find one of the participants in the accident guilty and a punishment is chosen.

There is no statute of limitations for an accident involving an injured person. This rule is enshrined in Art. 208 Civil Code of the Russian Federation. If harm has been caused to the life or health of a citizen, you can go to court at any time, regardless of how much time has passed since the incident.

Determining the severity of harm to health in an accident

Today there are 3 types of severity. Its determination is carried out in accordance with Decree of the Government of the Russian Federation No. 522 of August 17, 2007. In accordance with it, the following types of degrees of harm to health are distinguished:

• slight harm to health;
• medium severity;
• serious harm.

You can read more about the features of determining the severity of damage caused in this article.

Criminal liability

The perpetrators do not always get off with fines and deprivation of their rights. Criminal liability in an accident with victims occurs in the event of the death of one of the participants in the incident or the infliction of serious harm to health. The punishment will be established in accordance with Art. 264 of the Criminal Code of the Russian Federation. It says:

Violation by a person driving a car, tram or other mechanical vehicle of the rules of the road or the operation of vehicles, resulting through negligence in causing serious harm to human health, is punishable by restriction of freedom for a term of up to three years, or by forced labor for a term of up to two years with imprisonment. the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or by arrest for a term of up to six months, or imprisonment for a term of up to two years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without such.

The liability may be more severe. If the driver was driving while intoxicated, he could be imprisoned for up to 9 years. The rule is enshrined in Art. 264 of the Criminal Code of the Russian Federation.

Who is required to pay for the tow truck?

Often cars damaged during an accident cannot leave the accident scene on their own due to the damage received. To deliver vehicles to the workshop, you must call a tow truck. The service is paid. However, in a critical situation, the parties may begin to figure out who pays for the tow truck in case of an accident. In such cases, it is better not to argue, since expenses can be claimed under OSAGO . So, clause 4.12 of the Rules says:

In case of damage to the property of the victim, compensation within the limits of the insured amount is subject to:

• in the event of complete loss of the victim’s property - the actual value of the property on the day of the insured event minus the value of the usable remains, in the case of damage to the property - the costs necessary to bring the property to the condition in which it was before the occurrence of the insured event;
• other expenses incurred by the victim in connection with the harm caused (including evacuation of a vehicle from the scene of a traffic accident, storage of a damaged vehicle, delivery of victims to a medical organization).

From the above it follows that the responsibility to pay for the tow truck lies with the person responsible for the incident.

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.

1. 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.

1. 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:

1. 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).
2. 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.
3. 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:

1. 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.
2. Call the traffic police.
3. 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.
4. 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.
5. 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.