Driver hit pedestrian at crosswalk liability

Liability for a pedestrian hit at a pedestrian crossing

Driver's responsibility

According to statistics, the number of accidents in which pedestrians are injured is not decreasing. Not only drivers are to blame for this, but in some cases pedestrians themselves are to blame. What should a driver do if he hit a pedestrian on a pedestrian section of the road marked with special markings, that is, at a zebra crossing, and the pedestrian was crossing the road at a red traffic light? Should I pay a fine or not? When is administrative liability determined, and when is it threatened with criminal liability? The law, according to Article 1079 of the Civil Code of the Russian Federation, determines that a car is a source of increased danger, therefore the driver is responsible for its safe operation. Even when the pedestrian himself is to blame, for example, he crossed the road at night in front of a fast-moving car in the wrong place and was hit, the driver must compensate for the damage to his health. These are currently, with a few exceptions, the rules of traffic rules, the Code of Administrative Offenses and the laws of the Russian Federation.

Laws define

The law provides for administrative (fine), criminal, civil (monetary compensation) liability for the driver.

After a driver hits a pedestrian, the victim himself or his relatives have the right to go to court and demand compensation for moral and material damage. If the car is insured, the insurance company may pay part of the costs.

The criteria by which harm to health is determined are specified in the order of the Ministry of Health No. 194n (parts 1 and 2).

In most cases, the court finds:

Mild violation - treatment is required for a period of no more than 21 days.
Moderate severity disorder – hospitalization for more than 3 weeks.
Serious harm – the victim becomes disabled.

In the first case, Article 12.24 of the Code of Administrative Offenses – a fine – is applied. In the second case, you face arrest for 15 days and deprivation of rights for up to 12 months.

A pedestrian who is hit to death or becomes disabled is subject to prison punishment.

When determining guilt, the following features of the accident will be taken into account:

the collision was made at a zebra crossing or in a place not allowed for crossing;
whether the driver was sober or not;
the car fled the scene of the accident.

The maximum punishment is determined by the Criminal Code of the Russian Federation, article 264.

Collision at a pedestrian crossing

A driver hits a pedestrian at a pedestrian crossing - the car must remain at the zebra crossing, even if it prevents people from crossing the road. Intersections are considered high-risk areas. There, the driver who turns onto the central road at high speed is often at fault.

The collision could not be avoided; it is necessary to act calmly, otherwise the victim may cause additional harm to his health.

After an accident, you must do the following:

stay at the scene of the accident;
do not turn off the video recorder;
quickly get out of the car and put up a warning triangle;
do not move objects scattered around the accident site from the roadway;
call an ambulance and the traffic police;
do not carry the victim onto the sidewalk;
take photographs of the environment with a device that records the time of shooting.

It is necessary to provide first aid to a downed person and perform artificial respiration very carefully, as damage to the spine is possible.

It is recommended to call a lawyer who will protect your rights in court. He will check that the protocol is filled out correctly and explain what punishment and fine will follow in the future.

Collision outside the crossing in the city

A driver hit a pedestrian outside a crosswalk. In this case, the driver’s punishment will be administrative if the pedestrian violated traffic rules, received minor injuries and his health is not in danger. For hitting a pedestrian in the wrong place, the driver is required to pay a fine, even if he took all measures to avoid an accident and his car was in good working order. Sometimes the victim asks not to call the traffic police (they can be fined 1,000 rubles). We need to offer him medical help and offer him a ride home. This situation is possible, but it is better not to do it. In the future, the victim may decide that his health has been harmed, characterized as serious. Then he can demand monetary compensation through the court.

If the hit pedestrian received moderate injuries, calling an ambulance and traffic police officers is mandatory. It is prohibited to leave the victim on the roadway. The fact that the collision took place on a city highway and not on a zebra crossing will reduce the driver’s guilt.

Out of town collision

Serious trouble awaits the driver if he hits a pedestrian outside a pedestrian crossing on the highway, in a section of the road that is not intended for crossing. In small settlements, many residents do not consider it necessary to cross a zebra crossing, even if it is on the road. Therefore, you need to be careful when driving through such sections of roads, especially at night. In conditions of poor visibility, a collision often causes serious harm to the health of the victim and is subsequently classified as serious.

What to do in this case - leave the scene of the accident before no one sees it, or stay? We remind you that failure to provide medical care is regarded as a crime - punishable by up to 5 years in prison.

The car must remain on the road; the headlights and video recorder cannot be turned off. It is necessary to put up an emergency stop sign, call an ambulance and the traffic police.

If a person needs urgent medical care, and the arrival of doctors is delayed, he can be sent on a passing vehicle. These actions may reduce the administrative fine and your rights will not be taken away.

In an emergency, the driver himself is allowed to deliver the victim to the hospital.

The pedestrian was drunk

If a driver hits a drunk pedestrian, then the victim's actions may be considered gross negligence. It will be important for the court to establish where the collision took place, at a zebra crossing, in a place not allowed for crossing, or at night on an intercity highway. You can prove gross negligence by providing photo and video materials from the scene of the accident. A medical report will be required on the degree of intoxication not only of the pedestrian who was hit, but also of the driver himself. The victim’s injuries are recognized as minor, then the driver will only be punished with a fine, and the car will not be detained.

For more serious injuries, the victim may have to pay for treatment. But the amount of compensation may be reduced in accordance with Article 1083 of the Civil Code.

If a pedestrian has suffered health damage recognized by an expert examination as serious, or died, then the driver faces criminal liability. It can only be avoided by a court decision.

Responsibility of a drunk driver

If a drunk driver hits a pedestrian, he will receive not only a fine, but punishment under the Criminal Code of the Russian Federation, and the car will be detained. Initially, the court may impose 15 days of arrest.

Today, for hitting a person through negligence, if grievous harm is caused, a maximum prison term of 7 years is possible. In addition, for a person who is shot down to death, money must be paid for the maintenance of non-working family members of the deceased.

If two or more people are killed in an accident, the driver faces a maximum penalty of 9 years in prison.

The Criminal Code of the Russian Federation specifies only maximum liability, so some drivers get off with suspended sentences. They prove that pedestrians are to blame themselves. For example, they were at a zebra crossing when the traffic light was red, they were drunk, or they were on the wrong section of the road. Facts are cited as justification: no traffic rules were violated, the car did not leave the scene of the accident. But even in this case, the rights will be taken away.

In 2016, changes will be made to the Criminal Code of the Russian Federation regarding the terms of the minimum prison sentence and the minimum amounts of monetary compensation for harm caused to health.

Cash payments

The law provides for mandatory financial liability of the driver in the event of a collision with a pedestrian. If the driver is at fault for the accident, he must pay an administrative fine in the amount of 2,000 to 25,000 rubles (Administrative Code Article 12.24, 2016).

The driver is obliged to compensate the injured pedestrian for losses and damage to health (Chapter 59 of the Civil Code of the Russian Federation), even if he is not to blame for the accident, provided assistance to the victim, and did not flee the scene of the collision.

Currently, the maximum payments ordered by the courts are:

100,000 – 160,000 rubles for moderate injuries;
500,000 rubles if the victim received disability;
The relatives of the deceased pedestrian will receive 1,000,000 rubles.

Criminal liability is not a reason to reduce the amount of financial compensation. The driver will receive the most severe punishment if he hit a pedestrian and fled, especially if the accident occurred at a zebra crossing.

You must drive carefully and remember: collisions often occur at night, and not at a zebra crossing, but in a section of the road that is not intended for crossing.

Hitting a pedestrian in situations - penalties and how to avoid them?

If you hit a pedestrian, then liability for this as of 2019 can be administrative, criminal and/or civil. It all depends on the presence of a specific traffic violation, the severity of the consequences for the pedestrian, including if he is hit to death, and the nature and location of the collision with a person: at a zebra crossing, on a country road, outside a crossing, and whether the pedestrian himself was intoxicated or driver. But let's talk about everything in order!

Hitting a person - what liability can there be?

So, as we indicated above, this type of accident can entail anything from absolutely nothing to punishment in the form of:

administrative fine or deprivation of rights under the Administrative Code,
articles of the Criminal Code for a pedestrian killed or seriously injured,
civil liability in the form of compensation for material and moral losses to a person.

Table of punishments under the Code of Administrative Offenses and the Criminal Code for a hit-and-run pedestrian

We propose to consider a concise table of violations and penalties for both the driver and the pedestrian, and then understand each of them in detail.

Now let's look at each case separately and figure out what standards of punishment apply in these situations.

Hit a pedestrian at a crossing, sidewalk or on a turn, the driver is to blame - fines and deprivation of license

The most common and, perhaps, deplorable situation for motorists is a collision with a pedestrian in a zebra crossing zone. In this case, the pedestrian road user is right, and the driver is guilty in almost all cases. In this case, the driver is charged with violating the following points:

14.1 Traffic rules, if the collision occurred at an unregulated pedestrian crossing,
14.2 of the Rules, if the collision occurred in a zebra crossing zone regulated by a traffic light,
in addition to one of the above, they may be charged with 10.1 traffic rules - a “universal” clause that fits many situations, requiring you to choose a speed in order to anticipate the danger and avoid it.

The penalties in this case depend on a large number of factors. Let's list them all.

If the pedestrian escaped with fright, but there was no collision

Then the driver is entitled to one single punishment - a fine of 1.5 to 2.5 thousand rubles under Article 12.18 of the Code of Administrative Offenses for not allowing a pedestrian to pass at the crossing. This fine can also be issued on camera and is applied for failure to give way to pedestrian road users.

Important note!

This article provides basic information, but each case is different.
In 92% of all situations there are important nuances that can affect the outcome of the entire case.
An experienced lawyer will study all the materials of the case and indicate in which direction to move.

Therefore, our website employs on-duty legal consultants who delve into each case and are aimed at solving it.

or consult toll-free: 8 (499) 938-43-58 (Moscow), 8 (812) 425-13-31 (St. Petersburg), 8 (800) 350-14-83 (all of Russia).

If there is no harm to health, but there is property damage

Then there is civil liability. For example, if a pedestrian fell and got dirty as a result, you hit his dog (pets are considered property under the Civil Code of the Russian Federation).

In this case, the damage will need to be compensated according to the victim’s expenses for restoring his property (the same clothes) to its original condition.

If a pedestrian is slightly harmed

Then there is a risk of deprivation of rights under Part 1 of Article 12.24 of the Administrative Code. But this norm does not imply an unconditional deprivation of the right to drive. The driver may be assigned, at his choice, a person reviewing the case:

a fine of 2,500 to 5,000 rubles for hitting a pedestrian causing minor damage to health,
deprivation of rights for 1-1.5 years.

This is an administrative liability, and it does not cancel the civil liability - compensation for the costs of restoring health and property damaged as a result of a hit-and-run accident.

Please note that in this article, minor harm means minor loss of health or minor loss of ability to work. The 2019 legislation does not specify what.

If moderate harm to health is caused

By average damage, legislators already understand loss of health for a long time, but without risk to life, or loss of ability to work by at least a third.

And for such harm to a pedestrian who is hit, the driver faces either a fine of 10 to 25 thousand rubles, or deprivation of his license for 1.5-2 years.

If the driver was drunk

Then, according to administrative law, unlike criminal law, he will simply be given another punishment - deprivation of rights for drunkenness (Article 12.8 or 12.26 of the Administrative Code - the latter, if he refused a medical examination).

A pedestrian hit at a crossing - when does criminal liability arise?

A management company may be appointed in 2019 in cases where:

the pedestrian who was hit suffered serious injury,
he was shot down to death.

By the way, there is no longer any difference between an accident and a pedestrian being hit, or an accident with another car and its driver or passengers being injured.

At the same time, serious harm to health in criminal law means the following consequences for a pedestrian (according to PPRF No. 522):

if the consequence was disfiguring scars on the face of the person who was hit,
the citizen’s overall ability to work is lost by more than a third, or the employee’s professional bias is completely lost,
when a pedestrian, as a result of a collision, has lost his sight, hearing, or another organ has ceased to function, or it is completely lost,
when the injury has a risk of death,
if you hit a pregnant woman and the fetus died as a result,
when the damage led to mental illness.

If serious damage to health is caused due to the driver’s negligence

Please note that here and below we are talking specifically about the case if you hit a pedestrian, and at the same time you are charged with a traffic violation related to this accident (which caused the collision).

In case of causing serious damage to the health of a pedestrian, the driver faces one of the punishments chosen by the judge, from forced labor to imprisonment. But depending on whether the driver is intoxicated (refusal of examination is equivalent to intoxication), different articles of the Criminal Code are applied.

If the driver was sober, then for grievous harm when hitting a pedestrian he faces (at the discretion of the court in order of severity of punishment):

restriction of freedom up to 3 years,
forced labor for up to 2 years,
arrest for up to six months,
imprisonment for up to 2 years.

All these measures are provided for by Part 1 of Article 264 of the Criminal Code.

But if the driver is drunk, then the liability becomes stricter (Part 2 of Article 264 of the Criminal Code):

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

What is the punishment if a pedestrian is hit and killed?

Let's continue the topic of criminal liability when a pedestrian road user suffers injuries incompatible with life as a result of an accident.

If a pedestrian who was hit died as a result of an accident, then a sober driver, as of 2019, faces (part 3 264 of the Criminal Code):

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

But if the driver was drunk at the time of the accident, then the responsibility becomes stricter again - the driver will be sentenced to imprisonment for 2-7 years (Part 4 of Article 264 of the Criminal Code).

If you hit several people to death

In this case, the responsibility becomes even stricter. For a collision with 2 or more people who die as a result of an accident, the driver will be punished in the form (Part 5 of Article 264 of the Criminal Code):

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

If the motorist is confirmed to be intoxicated, then he is threatened with Part 6 of Article 264 of the Criminal Code with imprisonment from 4 to 9 years.

Hit a pedestrian in a place not allowed for crossing or due to the pedestrian’s fault

In this case, everything becomes more complicated for the pedestrian in terms of liability, and the hit pedestrian still has legal rights. But, alas, responsibility will not be completely removed from the driver, even without his fault in the accident.

And, if everything is clear for a pedestrian: he violated traffic rules - pay for damage to the car, then what is the matter with the driver, why should he be punished without being guilty?!

The answer to this question is given by Article 1079 of the Civil Code of Russia. It is he who defines the vehicle as a vehicle of increased danger, and the driver as the owner of a source of increased danger (IPO). But most importantly, the Civil Code of the Russian Federation regulates that the operator of an IPO, regardless of guilt in an accident, must compensate for the damage caused by such a source.

There are two exceptions to this obligation in our case:

when a pedestrian deliberately jumped under the wheels (and this still needs to be proven),
when the collision occurred under the influence of force majeure.

Thus, the following drivers are recognized as owners of IPO:

cars in a collision with pedestrians or cyclists,
even bicycle drivers in accidents with pedestrians.

As a consequence of this established practice of legislation in 2019, we find that if a pedestrian is at fault in an accident involving a car and a pedestrian, then, regardless of the outcome and consequences for both participants, the pedestrian pays for the restoration of the car, and the driver pays for the harm caused to the pedestrian (even in no fault of the driver). However, damage to a pedestrian is paid for by the motorist’s insurance under compulsory motor liability insurance if he has valid insurance.

Most often, accidents involving a collision with a pedestrian due to the latter’s fault occur:

on a country road,
on long highways,
in places of heavy pedestrian traffic, where some representatives of this category of road users are simply too lazy to reach the pedestrian crossing.

Another unpleasant surprise in the legislation of 2019 - if suddenly a driver hits a pedestrian and flees the scene of an accident when the pedestrian is at fault, then the owner of the car will be responsible, because Article 1079 of the Civil Code refers to the owners of vehicles as sources of IPO. Of course, this is provided that the escaped driver is not identified, and the car itself is known by license plates. But even in this case, the damage to the pedestrian is covered by the car owner’s compulsory motor liability insurance.

Charged with a criminal offense for a pedestrian - how to avoid punishment?

Very often, in this type of accident, you can encounter an attitude of law enforcement agencies - both the investigation and the traffic police - that is biased towards the driver.

Alas, if a pedestrian is hit to death at a pedestrian crossing or in another place where he had an advantage over cars, and the driver’s guilt is obvious, then punishment cannot be avoided even if the driver’s guilt is obvious. The punishment can only be mitigated by reconciliation of the parties, assistance from the motorist to the family of the person who was hit, and other mitigating circumstances.

But even if the fault lies entirely with the pedestrian, and this is obvious to the average person, it is not always obvious to the servants of the law. Even if the pedestrian crossed in the wrong place, they may be found guilty of both sides, or even lay all the blame on the driver. At the same time, the car owner is most often charged with violating traffic rules:

10.1 (did not choose a speed that would have allowed him to avoid a collision) - this is generally a universal point that legislators like to apply both in relation to pedestrians hit in the wrong place, as well as hitting a hole or an open hatch on the road and other types of accidents; The logic of the police is simple - if you allowed a collision with a pedestrian, even crossing outside the crossing, it means that you did not choose a speed that would allow you to detect the danger in time, and this is exactly what clause 10.1 of the Rules prescribes;
8.1 (if the driver was maneuvering to avoid a collision) - here the accusing party often refers to the fact that you could have avoided the collision with the pedestrian if you had driven straight; however, sometimes this is true - the pedestrian jumped to where the driver changed lanes;
1.5 (creating a danger to traffic) is another universal traffic rule clause that is charged to the driver; here things can get to the point of absurdity, because it was the pedestrian who created the danger, and the driver tried to avoid it.

In this case, any testimony from witnesses, external cameras, or your DVR will help you avoid punishment. Of course, you will need the help of a good lawyer, most often a lawyer, to sort out such a case.

Remember, your task is to avoid imputation for any traffic rule you violated, and not just to prove that you tried to avoid an accident with a hit-and-run pedestrian.

Request a forensic examination to prove the presence of traffic violations by the pedestrian and the absence of any by the driver. Do not allow the accusatory side to make unfounded statements of your violations.

Driver hit pedestrian at crosswalk liability

Hitting a pedestrian - liability of the driver who hit the pedestrian

In this article we will talk about a common type of accident - a collision with a pedestrian, we will also consider the liability of a driver who hits a pedestrian at a pedestrian crossing, as well as a pedestrian crossing the road in an unspecified place or moving in violation of traffic rules of the Russian Federation.

Pedestrians are the least protected of all road users. That is why the majority of all victims in road accidents fall on this category of people. As a rule, accidents involving pedestrians are characterized by an increased degree of severity of consequences, in the form of causing mild, moderate harm to health, severe harm or death.

The content of the article

Colliding with a pedestrian who violated traffic rules

According to the accepted terminology, collision with a pedestrian is understood as a traffic accident in which a vehicle, while moving, makes contact with a person who is outside its dimensions. In this case, as consequences, according to the definition of an accident, people were killed or injured, vehicles, structures, cargo were damaged, or other material damage was caused .

The traffic rules define the concept of a pedestrian as a person who is outside a vehicle on the road, or on a pedestrian or bicycle path and is not performing work on it .

The following are considered pedestrians:

disabled people using wheelchairs that are not equipped with a motor;
people driving vehicles (bicycle, moped, motorcycle, pulling a sled, cart, baby or wheelchair);
persons riding roller skates, scooters, skateboards, etc.

Drivers of vehicles must treat the listed categories of road users as pedestrians, since they are subject to all the requirements and responsibilities provided for in Section 4 of the Traffic Regulations of the Russian Federation. Drivers of vehicles, traffic controllers, traffic police officers, traffic control officers, and emergency and road service workers who are on the road are not pedestrians.

Analysis of road traffic accidents - collisions with people on the road - allows us to identify the most common violations committed by pedestrians. These include:

driving on the roadway if there is a sidewalk;
driving along the road in the opposite direction to the flow of vehicles;
crossing the road in the wrong place (unspecified by the Russian Federation Traffic Regulations), that is, outside a pedestrian crossing or outside an intersection;
obstructing traffic;
entering the road due to objects and (or) vehicles that limit drivers’ view of the road;
crossing the road in front of nearby traffic.

Failure to comply with the instructions and restrictions provided for by the Rules of the Road for Pedestrians entails liability under Article 12.29 Part 1 of the Code of Administrative Offenses of the Russian Federation. The punishment established by the Code of Administrative Offenses of the Russian Federation for failure to fulfill duties by “horseless” road users is insignificant from a legal point of view - a warning or a fine of 500 rubles. In fact, the price for crossing the road as a pedestrian in an unspecified place is the health, and often the life, of the offender.

You should know that the legal liability of pedestrian traffic violators is not limited to administrative punishment. If a traffic accident occurs due to the fault of a pedestrian, then in accordance with Article 1064 of the Civil Code of the Russian Federation, he bears civil liability for harm caused by his unlawful actions.

For example, if a car is damaged after a collision with a violator brought to administrative responsibility under Part 1 of Article 12.29 of the Code of Administrative Offenses of the Russian Federation, the owner of the damaged vehicle has the right to demand reimbursement from the culprit for the costs of its restoration. However, this happens extremely rarely. Often the harm caused to the health of a hit pedestrian exceeds the harm caused to a motorist, because metal is stronger than a person.

Speaking about the gross negligence of pedestrians, we note that if their actions are in a causal connection with a traffic accident and contributed to the occurrence or increase of harm, then in such cases the court has legal grounds to reduce the amount recovered from the driver (Article 1083 of the Civil Code of the Russian Federation ).

Judicial practice in cases of collisions with pedestrians considers the victim to be under the influence of alcohol, drugs or medication as gross negligence.

If a pedestrian is hit at a crosswalk

Provided that a person was moving along a pedestrian crossing and was hit by a car, the driver’s guilt is presumed, that is, assumed by default. In accordance with the Rules, vehicle drivers are required to give way to pedestrians crossing the road at a pedestrian crossing (clause 14.1 of the RF PD). It is quite difficult to prove the guilt of a pedestrian who was hit at an uncontrolled pedestrian crossing, but it is still possible.

In accordance with clause 4.5 of the Russian Federation Traffic Regulations:

at uncontrolled pedestrian crossings, pedestrians can enter the roadway (tram tracks) after assessing the distance to approaching vehicles, their speed and making sure that the crossing will be safe for them.

In order to make sure that it is safe to cross the road, both at a pedestrian crossing and in other places, a person must evaluate the visibility of the road, the distance to the car moving in his direction and its speed, and the pace of his movement. From a technical point of view, a critical situation arises when a pedestrian enters the roadway in front of a nearby vehicle, the driver of which is forced to resort to emergency braking in order to avoid a collision.

If during the investigation it is established that it was the actions of the pedestrian that created a danger for the driver of the vehicle, who did not have the technical ability to avoid hitting the pedestrian, then the actions of the latter are unlawful and indicate guilt.

Issues of whether or not the driver of a vehicle has the technical ability to avoid hitting a pedestrian in a specific road situation are resolved expertly.

Driver's liability for hitting a pedestrian

The legal liability of a vehicle driver for causing harm to a pedestrian injured in a traffic accident is represented by the norms of administrative, civil, and criminal legislation.

Depending on the severity of the injuries caused to the hit pedestrian, the driver guilty of violating traffic rules, in accordance with the norms provided for by the Code of Administrative Offenses of the Russian Federation, may be fined or deprived of the right to drive vehicles for the period specified in the law. The Code of Administrative Offenses of the Russian Federation provides for liability for causing minor (Article 12.24 Part 1) and moderate (Article 12.24 Part 2) harm to health.

According to Article 12.24 part 1 of the Code of Administrative Offenses of the Russian Federation, it is possible to impose 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.

According to Article 12.24 part 2 of the Code of Administrative Offenses of the Russian Federation, it is possible to impose 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.

The decision on cases of this category is made by a federal judge, in accordance with the jurisdiction determined by law. When assigning punishment, the nature and degree of harm caused and circumstances mitigating or aggravating the punishment are taken into account. The first include the circumstances specified in Article 4.2 of the Code of Administrative Offenses (repentance of the offender, voluntary compensation for harm to the victim, commission of a violation by a minor driver, a woman who is pregnant or has a young child, etc.)

The second includes - committing an offense while intoxicated, repeated commission of offenses provided for in Chapter 12 of the Code of Administrative Offences.

If, according to the conclusion of a forensic medical examination, a pedestrian hit by a car caused serious harm to health or death, then the driver is liable in accordance with the provisions of Article 264 of the Criminal Code of the Russian Federation. For example, if the victim is guilty of causing serious harm to the health of the victim, a criminal case is initiated under Part 1 of Article 264 of the Criminal Code of the Russian Federation, and if the driver was intoxicated at the time of the accident, then his actions are qualified under the more serious Part 2 of Article 264 of the Criminal Code of the Russian Federation. For all accidents with serious consequences, a preliminary check is carried out in the manner prescribed by the Code of Criminal Procedure of the Russian Federation. If there is information about the driver’s guilt, a criminal case is initiated and a preliminary investigation is carried out. After completion of the investigation, the materials of the criminal case are sent to the federal court for consideration on the merits.

Summarizing the above, it should be noted that in order to bring a driver to administrative or criminal liability for causing harm to health or the death of the victim, it is necessary to prove the guilt of the harm-doer in violating the requirements of the traffic rules of the Russian Federation, which resulted in a collision with a person. In other words, without guilt there is no punishment.

Civil liability for damage caused by crossing occurs for the driver, regardless of his guilt. Since any mechanical vehicle is a source of increased danger, damage caused to third parties is subject to compensation by its owner, regardless of fault (Article 1079 of the Civil Code of the Russian Federation). A victim who has suffered harm to health has the right to demand compensation for moral damage from the owner of the car and (or) the perpetrator of the collision in the manner prescribed by Articles 1099-1100 of the Civil Code of the Russian Federation.

In conclusion, we note that issues related to establishing the driver’s guilt in an accident involving a pedestrian, appealing the decision to impose an administrative penalty, protecting the driver or representing the interests of the victim in a criminal case, collecting damages and compensation for moral damages are always resolved taking into account the circumstances of a particular road transport incidents and require an individual approach.

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Comments

Hello, Evgeniy.
Since you introduced yourself as a victim, firstly, you need to contact the traffic police and file an accident.
Secondly, after receiving documents about the accident, you should contact the insurance company and receive the compensation due.

Thirdly, you have the right to go to court and recover compensation for moral damages from the parents of the minor driver.

Add a comment

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Liability for hitting a pedestrian

A collision with a pedestrian is a situation when a vehicle, while moving, interacts with a person who is outside its dimensions. A case where a stationary car collided with a person is not considered an accident, since a prerequisite for an objective picture of the incident is the movement of the vehicle.

Pedestrians should be understood as persons outside the vehicle on the road, as well as:

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disabled people moving on the street in wheelchairs that are not equipped with a motor;
cyclists;
skateboarders;
people with baby strollers, sleds;

What are the risks for the driver?

The threat to the driver who caused the tragedy is due to three components:

an objective picture of the incident;
subjective attitude of the culprit to the incident (intentionality, negligence);
the presence of illegal behavior on the part of a passerby.

At a pedestrian crossing

Initially, the lawfulness of the behavior of the passer-by is assumed. He has the right of way, and the vehicle is obliged to stop in front of people passing along the zebra crossing and let them pass.

A hit-and-run driver is punished according to the law, depending on the degree of damage caused.

The presumption of decency of people on the zebra crossing means that those passing along the “strips” should estimate the distance to the car and its approximate speed, and make sure that their path is safe. It’s easier to stop the fastest legs than a car speeding towards two hundred. Failure to comply with these mandatory instructions can remove from the victim all assumptions about his innocence.

In the wrong place

People are required to cross the roadway in accordance with the Rules. In this case, the subject of traffic must understand that he is crossing the street at an unspecified point.

One can speak of the driver’s innocence only in cases where he fully complies with the requirements of regulatory legal acts , when the driver does not violate anything and does everything in his power, but these measures are not enough to prevent a “meeting” with someone crossing the roadway.

Knocked down in reverse

The details are not specified in the rules. You can look in the mirrors, go out and assess the situation in the parking lot, ask a passenger or passerby for help. Failure to comply with or neglect the regulations makes the helmsman responsible for the incident, creating the threat of legal retribution depending on the harm caused.

A collision with a citizen who does not violate the law of movement on the street is a threat of sanctions for the driver .

A person who deliberately jumps under the wheels of a parking iron horse gives a chance to avoid adverse consequences, provided that the parking attendant behaves impeccably.

If intentionally

Accidents occur due to gross negligence and negligence of persons driving vehicles. The presence of intent is an aggravating factor and can lead to severe sanctions or a severe form of punishment. It assumes full awareness that the car is being used for the purpose of injuring the subject of the movement, while the driver has a desire to hit the person or injure him. The actions of the perpetrator are considered a crime, and the car is considered a means of committing it.

If the driver wanted to kill a passerby, but the latter managed to survive, such a picture is called an unfinished crime - attempted murder .

If there is no harm

The presence of harm is the basis for legal retribution for the violation committed.

The absence of injuries or other damage to the person who was hit, provided the driver fully complies with the rules, excludes the elements of an offense, a crime, a civil tort and, as a result, makes it impossible to bring to any liability.

If no harm is done, but the rules are violated, then punishment will only occur for violating traffic rules . The vehicle manager will not face any consequences for the collision.

Fatal hit-and-run

An accident with death is subject to sanctions provided for by the Criminal Code of the Russian Federation under articles 264, 105, 109, 111, 118, 112 .

Qualification depends on the direction of the driver’s intent, the consequences caused, and the legality of the actions of the deceased.

What to do after an accident?

Stop the vehicle's movement.
Put up a stop sign.
Provide first aid.
Call emergency services and the traffic police.
Find eyewitnesses and establish their contact information.
Record traces (taking photographs or video of the event on a phone or camera).
In order to compensate for damage under the MTPL policy, report the incident to the insurance company.

The operator of the iron horse should take all possible measures to ensure that the victim does not leave the scene of the incident until the ambulance and police arrive.

Bodily injuries received during the accident must be recorded and assessed by forensic experts for the degree of severity of health, which will subsequently determine the fate of the traffic participant who was behind the wheel.

What is the punishment?

The person driving the transport owns the source of increased danger and is responsible for the damage caused, regardless of his guilt.

Civil liability or financial

Making amends for the harm caused is measured in material equivalent. In practice, it is implemented by filing a statement of claim in a court of general jurisdiction.

The only condition to avoid paying in rubles may be the victim’s unlawful behavior and force majeure , which is interpreted by legal theory as circumstances that cannot be prevented, for example, natural disasters, floods, natural and man-made disasters. The meaning of force majeure is that the event exempts from legal censure.

The burden of proof of force majeure falls on the shoulders of the owner of the car who owns it at the time of the tragedy.

The intent of the victim may be in the form of a deliberate violation of the rules of movement on the streets, failure to assess the distance to the car when crossing the road, and so on.

Administrative responsibility

Article 12.24 of the Code of Administrative Offenses is of a general, universal nature in relation to any violation in the field of road traffic. It is differentiated depending on the degree of damage caused.

For minor harm, that is, a short-term health disorder or a minor permanent loss of general ability to work, the perpetrator faces an obligation to pay from 2,500 to 5,000 rubles or deprivation of rights for a period of 1 to one and a half years .

In case of moderate severity (non-life-threatening long-term health disorder or significant permanent loss of general ability to work by less than one third), the amount varies from 10,000 to 20,000 rubles, and the period of deprivation of rights is from one and a half to two years .

Criminal liability

Article 264 of the Criminal Code of the Russian Federation regulates the grounds for sanctions for a person shot down in the event of serious health consequences that pose a danger to life and without medical intervention lead to death.

These also include loss of hearing or vision, loss of an organ, termination of pregnancy, loss of professional ability to work, and more.

Provides:

restriction of freedom for up to 3 years;
forced labor for up to 2 years with deprivation of the right to hold certain positions;
arrest up to 6 months;
imprisonment for up to 2 years with deprivation of the right to hold certain positions or engage in certain activities for up to 3 years.

Qualifying (aggravating) signs of the crime:

driver intoxication;
death of a citizen;
number of deaths resulting from the collision.

The table shows the types of liability for hitting a pedestrian depending on the scenery of the incident, the degree of guilt of its participants, and the severity of the crime.

What happens to a driver if he hits a pedestrian?

Every day dozens of pedestrians find themselves under the wheels of cars. This happens both through their fault and through the fault of vehicle drivers.

Despite the tightening of responsibility in this area and requirements for issuing driver's licenses, the percentage of accidents involving pedestrians remains high.

Only they can protect themselves from such situations. When going out onto the roadway, even at a pedestrian crossing, you need to once again make sure that they are letting you through, and only then start moving.

If you have been involved in an accident in question and want to know what you are facing or how to punish the offender, read the article “Hiting a pedestrian: responsibility.”

The data is given taking into account all amendments to the legislation for 2019.

Hitting a person within a pedestrian crossing

For hitting a pedestrian, administrative, civil and criminal liability is provided . The amount of punishment depends on the severity of the injuries inflicted on the person.

Minimal damage, expressed in causing slight and moderate harm to health, is a reason for an administrative case, filing an application to the court for compensation for moral damage. Serious bodily harm is grounds for initiating criminal proceedings.

The outcome of the story also depends on the degree of guilt - whether the collision was intentional/committed due to negligence, or whether the person himself was to blame and the driver did not have the opportunity to brake.

In case of controversial issues, when neither party admits guilt, it is necessary to conduct an auto technical examination, which can be initiated by both the driver and the pedestrian, as well as the court, investigator or representative of the insurer. The examination of an accident is paid either by the person who applied or by the insurance company.

Let us note the fact that if the culprit of the collision is a pedestrian, the driver will still be forced to compensate him for moral damages.

Responsibility will also have to be borne if the pedestrian was seriously harmed, even if he himself was to blame.

Hitting a pedestrian at a pedestrian crossing - liability under the following articles:

12.54 Code of Administrative Offenses of the Russian Federation;

12.27 Code of Administrative Offenses of the Russian Federation;

264 of the Criminal Code of the Russian Federation;

1064 Civil Code of the Russian Federation;

1079 of the Civil Code of the Russian Federation.

Article 12.54 of the Code of Administrative Offenses of the Russian Federation provides for administrative punishment for causing minor and moderate harm to health as a result of a collision with a road user located at a pedestrian crossing.

Light harm is:

Health disorder, short-term;
Minor but persistent loss of general ability to work.

Bruises, scratches, bruises, minor concussion, fracture of one or two ribs, stiffness of finger joints, etc. - all this is a slight harm to health. The degree of severity is determined during a forensic medical examination.

Moderate harm is:

The health disorder is long-term and not life-threatening;
Persistent loss of general ability to work by no more than 1/3.

Examples: concussion of the 1st and 2nd degrees and all the resulting symptoms, lacerations, rupture of the tendons of the fingers, fracture of the arm or fingers, etc.

What will happen to the driver? The article in question of the Criminal Code of the Russian Federation provides:

For minor damage:

Fine from 2.5 to 5 thousand rubles;
Deprivation of the right to drive a vehicle for a period of 1 to 1.5 years.

For average damage:

Fine from 10 to 25 thousand rubles;
Deprivation of rights for 1.5-2 years.

If a driver hits a pedestrian at a pedestrian crossing, he may also be held liable for this under Article 12.27 of the Criminal Code of the Russian Federation, if after the accident he did not take the necessary measures: did not provide first aid / did not call an ambulance / did not deliver the victim in his own vehicle or in a passing vehicle transport to the hospital, etc.

The fine for hitting a pedestrian is 1000 rubles. There is also liability for failure to give priority to road users. Punishment – a fine from 1.5 to 2.5 thousand rubles.

Hitting a person outside a pedestrian crossing

Outside a pedestrian crossing, there is a much greater chance of hitting a person running across, especially in the dark and in the absence of reflective elements on his clothing.

And the consequences of such an incident are often more serious - serious harm to health or worse. Responsibility for this is provided for in Article 264 of the Criminal Code of the Russian Federation.

A similar situation can occur at a pedestrian crossing, but we will consider retaliation under the article in the section “Collision of a pedestrian outside a pedestrian crossing: punishment.”

So, violation of traffic rules while driving a vehicle, resulting in the infliction of serious harm to health, is punishable by:

Restriction of freedom for up to 3 years;
Forced labor for up to 2 years;
Arrest for up to six months;
Imprisonment for up to 2 years.

In addition to forced labor and imprisonment, the court may impose punishment in the form of a ban on holding certain positions and engaging in certain types of activities for up to 3 years.

Under the same article, the punishment is tougher if the driver was drunk while driving the vehicle. They can be sent to jail for up to 4 years or forced labor for up to 3 years.

In both cases, the court may additionally prohibit certain types of activities and work in certain positions.

If a fatal accident occurs and it doesn’t matter whether a person crossed the road in the right or wrong place, the driver faces punishment in the form of forced labor for up to 4 years or up to 5 years in prison. If he was also drunk - up to 7 years in prison.

When a driver kills 2 or more people, he will be punished:

Forced labor for up to 5 years;
Imprisonment for up to 7 years.

For a similar accident that occurred due to the fault of a drunk driver, the court will impose a sentence of imprisonment for a term of 4 to 9 years. In all cases, the perpetrator is prohibited from holding certain positions and carrying out certain activities for a period of up to 3 years.

Punishment for intentionally hitting a pedestrian

A deliberate collision with a person, when he did not violate traffic rules, may lead to the initiation of criminal cases under articles against the person if the driver’s guilt is proven.

The Criminal Code distinguishes 3 types of harm to health: light, moderate, severe. The article and the punishment for it are chosen depending on the degree of damage inflicted on the person.

For minor damage:

Fine up to 40 thousand rubles;
Mandatory work up to 480 hours;
Correctional labor for up to 1 year;
Arrest for up to 4 months.

For harm to health of moderate severity:

Restriction of freedoms for up to 3 years;
Forced labor for the same period;
Arrest up to six months;
Imprisonment for up to 3 years.

For grievous harm: imprisonment for up to 8 years.

Punishment under articles of the Civil Code

Since a car is a vehicle of increased danger, a pedestrian, even if guilty, has the right to demand compensation for moral damage.

The driver makes the payment himself or the insurance company does it for him. If he proves that he is innocent, then he is released from payments.

In some cases, the court may order the person who did not cause the harm to make payments. The provisions of the law are regulated by Articles 1064 of the Civil Code of the Russian Federation and 1079 of the Civil Code of the Russian Federation.

If a driver hits a pedestrian outside a pedestrian crossing, he will bear responsibility depending on the severity of the damage caused. A pedestrian can always submit an application for compensation for damage.

If the accident occurred at a pedestrian crossing, the punishment will be imposed in the same way. In addition, a pedestrian who crosses the road in the wrong place will be punished with a fine.

The full situation will become known only after the completion of the auto technical examination, where all the circumstances of the incident will be considered.