Hitting a pedestrian outside a pedestrian crossing - punishment

What is the liability if you hit a pedestrian outside a pedestrian crossing?

Have questions? Consult a lawyer (free of charge, 24 hours a day, seven days a week):

8 (499) 938-42-45 — Moscow and Moscow region.

8 (812) 425-64-57 - St. Petersburg and Len. region

Hitting a pedestrian is a fairly common type of accident. Especially often there are cases when a pedestrian crosses the road in the wrong place and gets hit. At the same time, the nuances of such an accident can be very different. Next, we consider the main types of punishments for hitting a pedestrian outside a pedestrian crossing.

What a responsibility

According to traffic regulations, the roadway should be crossed in strictly designated areas. But even when a motorist hits a person outside the established pedestrian zone, he will be punished. In this case, all the facts may be in favor of the driver, and the guilt of the pedestrian himself has been proven.

If a motorist hits a person outside a pedestrian crossing, liability is divided into administrative, civil or criminal. The driver will be held accountable for one type or another depending on the circumstances of the accident and the degree of damage caused to the pedestrian:

Administrative - means that the car owner will be subject to a penalty in the form of a fine. Its size directly depends on the severity of the victim’s injuries. If the harm to health is insignificant, then the motorist may be fined up to 25 thousand rubles. or deprive of rights for up to two years. The victim has the right to demand compensation for moral damage, harm to health and expenses for treatment and recovery. The issue can be resolved through the courts. It must be borne in mind that administrative liability does not exclude civil liability.
Civil – implies compensation for damages received as a result of an accident. As a rule, penalties are imposed in monetary form. This measure takes place if the pedestrian is not fatally struck.
Criminal is the most severe punishment. It occurs when the consequences of an accident are very serious. If the victim received injuries incompatible with life, the culprit may receive the maximum penalty in the form of long-term imprisonment. If such a serious accident occurs, the driver is always considered to be at fault.

Nuances of the incident

If all participants in the accident are alive, then the issue of guilt is resolved individually. When serious harm to health is caused, the case is heard in court. Here everything depends on the conduct of the process and the opinion of the judge, since evidence and evidentiary documents (including photos and videos) are accepted for consideration only by court decision.

It is important to know: When a driver hits a drunk person, the driver’s punishment is not mitigated. In any case, he will bear responsibility.

When considering a case, special attention is paid to whether the driver fled the scene of the accident. In this case, his responsibility is to provide first aid to the victim, call an ambulance and transfer the pedestrian to the hands of doctors. If the motorist fled, then a priori the blame lies with him - he will be found guilty not only of committing a collision, but also for leaving a person in danger without providing him with help.

If the driver was drunk at the time of the accident, he may receive the maximum penalty. In this case, every nuance of the accident will be considered in detail: the serviceability of the vehicle, the braking distance, the moment when the pedestrian appeared in the driver’s line of sight, etc. Some points are discussed in more detail below.

The motorist fled the scene of the accident

A situation where a driver hits a person and then leaves the scene of the accident is considered an aggravating circumstance. If minor harm to the health of a pedestrian is caused, the following types of punishment are provided:

arrest for up to 15 days;
deprivation of a driver's license for a period of up to 1 year;
an administrative fine in the amount of 10-15 minimum wages;
For leaving in danger, a penalty of up to 80 thousand rubles is provided. or arrest for a period of 3 to 12 months;
correctional labor for up to 1 year.

When serious harm to a person’s health is caused, the case is considered in the form of a criminal trial - the punishment will be severe. The same applies to accidents where a motorist hits and kills a pedestrian outside a crosswalk. The outcome of the process depends on the individual characteristics of the case.

Important: Sometimes it happens that immediately after an accident the victim appears healthy and can leave the scene of the accident on his own. The driver also leaves. And after some time, the downed citizen feels unwell and seeks medical help. To avoid a situation where the motorist is considered guilty of leaving the scene of an accident, lawyers recommend taking a receipt from the victim that there are no claims.

Drunk pedestrian hit

From a legal point of view, the condition in which the pedestrian road user was at the time of the accident and the location of the accident are not important. The motorist is driving a car - an object of increased danger. Therefore, even if he hit a pedestrian outside a pedestrian crossing, his liability is not reduced.

The driver is cleared of guilt or the court decides to mitigate the punishment only in the following cases:

A pedestrian involved in an accident deliberately threw himself under the wheels of a car.
The driver did not have the technical ability to avoid a collision.
There was no traffic violation on the part of the motorist.
The driver observed the speed limit.

If such circumstances exist, they must be supported by evidence. Only then will this be taken into account in the consideration of the case.

Drunk Driver

If it is proven that the motorist was under the influence of alcohol or drugs when the collision was committed, then this fact significantly aggravates the circumstances of the case and entails increased punishment (even if traffic rules were not violated). The most severe penalty is imposed on drunk drivers who are involved in a criminal case when a pedestrian died as a result of a collision. The motorist can be imprisoned for up to 9 years. There is also a provision for deprivation of a driver's license for 3 years.

Man hit to death

If a pedestrian is killed, then a criminal case must be opened. This crime is considered to be committed due to negligence. Moreover, even if there are no aggravating circumstances and intent, this does not relieve the driver of responsibility.

In this situation, the following types of punishments are provided, in years:

forced labor for a period of up to four;
deprivation of a driver's license for up to three years;
imprisonment up to 7.

Attention: An accident is considered especially serious when the driver, while intoxicated, runs over and kills more than two pedestrians. In this case, both criminal liability (imprisonment for up to 9 years) and civil liability (payment for funerals, compensation for moral damage to the family of the deceased) are provided - up to 1 million rubles.

Thus, in any case, the driver of the car must remain at the scene of the accident, provide assistance to the victim and wait for the doctors to arrive. Responsible behavior will be taken into account in the conduct of the case. If necessary, any of the participants in the accident can involve a qualified legal adviser in resolving the issue.

Still have questions?

Consult a lawyer (free of charge, 24 hours a day, seven days a week):

8 (499) 938-42-45 — Moscow and Moscow region.

8 (812) 425-64-57 - St. Petersburg and Len. region

Knocked down a person outside a pedestrian crossing, what to do, responsibility and its limits

When a driver hits a person outside a pedestrian crossing, liability does not always apply to him. The rules set for driving on the road say that motorists must travel at a certain speed limit. There are separate requirements regarding crossings for people. Including, the driver should stop in front of it or slow down.

Definition

The situation under consideration assumes the presence of an accident. As a result, the car hits a person who is walking. If a person independently collides with a car, this case will also be considered a collision. The main condition in the latter option is that the car is in a moving state. A collision is considered not only the collision of a vehicle and a person, but also the impact of a person on a load carried by a car.

A person may simply not see that there is an oversized load in the car and run into it. For example, these are different construction materials, boards or iron objects. This incident is being assessed as a full hit and run. For this reason, it is necessary to carry out the transportation of goods in accordance with the rules established by the legislator. If a car approaches a pedestrian crossing, you need to make sure that no people are crossing it and you can continue driving. When an accident involving a person occurs at crossings, the driver is automatically found guilty.

The guilt of a pedestrian can only be proven in a situation where he intentionally collided with a car. For example, he may run in front of a car or throw himself under it. The purpose of such behavior is considered to be blackmail, extortion of money, etc. It will be possible to prove the innocence of the car owner if such a collision is recorded.

Beyond the transition

A certain sequence of actions is provided for a motorist if he hits a person outside the crossing. Including:

the car immediately turns off;
it is strictly forbidden to move the car from the scene of the accident;
the car owner must go out, find out what condition the downed person is in, and help as necessary;
if there are witnesses, ask them to call the traffic police representatives.

If a person is seriously injured, there is no need to move him. Otherwise the consequences are dire. You need to form a pillow out of something and put it under your head, wait for the medical team. If there are no witnesses, you will have to call the traffic police yourself. While they are waiting for the traffic police officers, you need to look around, if there are eyewitnesses, you need their contacts. Write down your last name, initials, and telephone number. This must also be done when the driver is at fault.

Next, a warning triangle is installed. When there is a stopping distance, a sign is installed in front of it. Thanks to such actions, the traffic police will be able to understand that the driver has taken measures to brake quickly. Everything that is at the scene of the collision must be photographed or videoed. When drawing up protocols, you should carefully study the contents of the act, and only then sign. As a result, inconsistencies with reality are often revealed. When there is disagreement with some provisions of the protocol, this is immediately reflected in it.

Responsibility measures

When a person and a car collide, the car always suffers less as a result. As a rule, this is a small dent or no marks at all. However, the same cannot be said about pedestrians. In some situations, the harm caused is quite severe or the person dies. It may also be that the damage caused is minimal, then the issue can be resolved peacefully and without calling the traffic police. This can be done provided that both parties agree. This rarely happens in practice. Then the car owner may be held accountable for the violation. He faces several types of measures.

The loyal variety will be the one enshrined in civil law. Regardless of whose fault it is in the incident, payment for treatment falls on the shoulders of the car owner. The same applies to property that was damaged and other things. An exception to the rule would be to go to court and establish that the cause of the collision was force majeure or the intent of the injured party. Happens when a person deliberately throws himself in front of a car.

The average value is inherent in the administrative type of measures. If a person suffers moderate harm to health, a fine is paid by decision of the judicial authority. The size of the sanction varies from 2.5 to 25 thousand rubles. In addition, the motorist will be deprived of a document that gives him the right to drive a car. The period is from 12 to 24 months.

The most severe type of liability is called criminal. Traffic police officers carry out verification activities based on several factors. In particular, they check whether the motorist could have avoided the collision. This applies to each specific case individually. It is subject to verification whether there has been a violation of the established rules. They will also check the technical condition of the car. The consequences that occurred for the health of the injured party should be clarified.

The driver will be held accountable after all the necessary checks in this regard have been carried out. It may also happen that the driver is not guilty of the incident. Then no liability measures apply. If the harm is assessed as severe or the person died from the blow received, the driver is liable within the limits of the Criminal Code. Assess how severe the harm will be if a person is in a dying state or will not be able to work for a long time.

Knocked down a drunk man outside a pedestrian crossing to death: you need to know this

What is the responsibility if you hit a pedestrian? what to do?

An example of a claim by a victim in an accident: Finally, if the driver flees the scene of the crime, this also increases his liability many times: it will increase not only the size of the fine, but also the duration of the arrest. If a child is hit by a child, a child who has suffered at the hands of a driver is unlikely to be able to create a claim on his own or exert the necessary influence. Parents or guardians are responsible for it. It is they who should deal with all further actions.

What punishment does the driver face?

In accordance with the damage caused to health (or even life), the court determines the level of responsibility.

If the pedestrian was drunk

Whether the pedestrian was drunk at the time of the accident has no bearing on the details of what happened.

Only the driver is responsible for a collision with a pedestrian, since he has at his disposal an object of increased danger to others.

If the driver manages to prove a number of points regarding the accident, he will be released from liability under the civil and administrative code:

a pedestrian suddenly appeared on the roadway and threw himself under the wheels of a vehicle;
the driver did not have the opportunity not to make a collision;
the driver did not violate any traffic rules when the accident occurred;
the car was moving at the permitted speed.

Payments for fatal accidents.

Knocked a man to death

There will be serious consequences for the driver if he hits a pedestrian outside a pedestrian crossing, and he dies as a result of his injuries.

Remember! What can happen:

An accident committed by a drunken person, resulting in the death of a person through negligence,

punishable by imprisonment for a term of 2 to 7 years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to 3 years (clause 4 of article 264 of the Criminal Code of the Russian Federation);

An accident resulting in the death of 2 or more persons through negligence is punishable by forced labor for up to 5 years with deprivation of the right to hold certain positions or engage in certain activities for up to 3 years, or imprisonment for up to 7 years with deprivation of the right to hold certain positions or engage in certain activities. certain activities for a period of up to 3 years (clause 5 of Article 264 of the Criminal Code of the Russian Federation);

An accident committed by a person in a state of intoxication, resulting in the death of 2 or more persons through negligence, is punishable by imprisonment for a term of 4 to 9 years with deprivation of the right to hold certain positions or engage in certain activities for a period of up to 3 years (Clause 6 of Art. 264 of the Criminal Code of the Russian Federation).

Naturally, each emergency situation should be considered individually. But if the driver did everything possible to prevent an accident, the court may impose a suspended sentence.

He is appointed by the judge when the parties have agreed among themselves, and the driver has helped the investigation and the injured party in everything. In the event of the death of a pedestrian, the circumstances will no longer matter; the driver will be guilty in any case.

Hit a pedestrian without causing injury

If after the accident the pedestrian is alive and his health is not harmed, then the victim can go to court and bring the driver only to civil liability.

By a court decision, the driver may be required to pay monetary compensation to the hit pedestrian, thereby compensating for moral damage.

In addition, if the driver violated the traffic rules and as a result an accident occurred, he will also have to pay a fine.

Watch the video. Hit a pedestrian, who is to blame:

Procedure in case of an accident with a pedestrian

The first rule is not to leave the scene of the accident. Otherwise, as mentioned above, separate liability may be applied for this, up to and including deprivation of rights.

If a pedestrian has been injured, first aid should be immediately provided using a first aid kit and other available means. At the same time, you should call an ambulance and the traffic police patrol.

You also need to control the drawing up of an accident diagram and take data from all witnesses who were nearby. It doesn't hurt to take pictures of the accident site from different angles. Then all this evidence will help during the investigation or during legal proceedings.

It is necessary to monitor the progress of the examinations, and, if necessary, insist on them. Without a specialist’s opinion, it is impossible to establish the real picture of events and the extent of the pedestrian’s injuries.

If there has been a collision with a pedestrian, it would be a good idea to call a car lawyer to the scene. He will tell you the procedure and make sure that all materials are prepared according to the established procedure. In addition, legal support will not hurt later.

Liability for a pedestrian hit outside a pedestrian crossing

For hitting a person crossing the road in the wrong place, the following types of liability are provided:

We will try to determine what will happen to the driver if he hits a pedestrian not at a pedestrian crossing. Involvement in different types of liability will depend on the circumstances of the accident and the severity of the damage:

The victim has the right to demand compensation for moral damage, harm to health, and treatment costs. The claim may be brought in court.

Let's sum it up

In this article, we focused on a situation where a driver hit a pedestrian outside a pedestrian crossing and what the consequences are for this.

Let us remind you that if the injuries turned out to be mild or moderate, then administrative sanctions are threatened in the form of a fine or temporary deprivation of a driver’s license. Moreover, if the driver can prove that he did not violate the rules, then administrative punishment can be avoided.

At the same time, the injured pedestrian may demand compensation for material or moral damage.

Criminal liability may arise in the event of death or serious bodily injury. However, in many cases there may be mitigating circumstances for the driver.

What to do if a pedestrian wants to leave the scene of an accident

If a pedestrian tries to leave the scene of a traffic accident and ignores the words of the driver, he must leave a receipt. The text of this document must indicate that an accident occurred with a vehicle of a certain make and license plate. There should also be information that the pedestrian has no complaints and refuses medical assistance. It is advisable that the document contain the contact information of the victim.

Liability for hitting a pedestrian

Each specific situation implies a separate type of punishment. While in some cases the driver may be limited to a fine, after severe accidents he may be deprived of his driver's license for a fairly long period of time.

Depending on the severity of the injuries received by the victim and the degree of guilt of the motorist, the driver may be subject to administrative or criminal liability.

Criminal liability for hitting

The driver is held criminally liable for causing grievous bodily harm to the victim. In cases of such a violation, the motorist may be held liable for the following types of liability:

Restriction of the ability to move freely for up to 3 years.
Forced performance of community service for up to 2 years.
Administrative arrest for 6 months.
Imprisonment for up to 2 years.
Deprivation of a driver's license for up to 3 years.

Administrative responsibility

A traffic accident in which a motorist was found guilty of hitting a pedestrian may also entail administrative liability expressed in monetary terms.

In particular, the driver may be required to pay:

Lost earnings of a person injured as a result of an accident (if the amount under compulsory motor liability insurance is not enough).
The cost of treatment and lost earnings (everything over 160 thousand is paid by the person responsible for the accident).
Moral damage, the amount of which is determined during the trial.

How to Avoid Responsibility

Exactly what decision the court will make to punish the driver will depend on the actions of the accused both during the accident and after it.

Attention! Necessary actions in case of emergency:

do not panic;
stop the car;
turn on the emergency lights, mark the stop with a special sign warning other drivers about the danger;
if the victim cannot move independently, he must be protected from other cars;
call an ambulance and call the traffic police.

Some drivers make the mistake of taking an injured pedestrian to the hospital themselves. This can only be done if there is a significant threat to a person’s life. In this case, you need to leave your car at the scene of the accident and use a ride.

If the pedestrian says that everything is fine and wants to leave the scene of the accident, he must be persuaded to stay until the ambulance arrives. Most likely, he is in a state of shock and does not feel any harm to his health. And the next day, when the pain manifests itself and he visits the doctor, a statement may be filed against the driver to leave the scene of the accident.

You also need to describe in detail all the events that happened; you can use your phone camera and film the surroundings. Ideally, the entire accident was recorded on a video recorder.

If you disagree with something when drawing up the protocol, you must write about it. In case of appealing the court decision, this will be a significant trump card.

In any accident with a pedestrian, not only he, but also the driver, as well as his property - the car, suffer. And if a pedestrian, when crossing the road, violated traffic rules, was drunk, or there are some other circumstances confirming the pedestrian’s guilt, then the driver can also file a claim in court for compensation for the harm caused to him.

Watch the video. Pedestrian and driver. Liability in case of an accident:

What happens to a driver who kills a pedestrian?

If, as a result of a traffic accident, the victim receives injuries that are incompatible with life, dies right at the scene of the accident or is taken to the hospital, the police automatically open a criminal case against the driver.

For a collision with a pedestrian, which resulted in the death of the latter, the driver is held liable for the following types of liability:

Carrying out correctional labor for up to 4 years.
Deprivation of the right to drive vehicles for up to 3 years.
Imprisonment for up to 5 years.

If two or more people die as a result of a collision, the driver is imprisoned for up to 7 months.

Hitting a pedestrian on the sidewalk

As with a pedestrian crossing, a pedestrian on the sidewalk is a road user who has priority. That is, if an accident occurs on this section of the road, the driver becomes the culprit, since it was he who was driving the vehicle. The type of punishment and the amount of liability in this case are similar to those imposed in case of a collision with a pedestrian committed at a pedestrian crossing.

Hit a pedestrian outside a crosswalk

A pedestrian can cross the roadway without being at a pedestrian crossing if there is no pedestrian crossing nearby and the road is clearly visible. Unfortunately, most pedestrians cross the roadway at their convenience, often neglecting their own safety. Nevertheless, for hitting a pedestrian outside a pedestrian crossing, even through the latter’s fault, the driver will be punished. Other unpleasant consequences accompany the incident.

A collision with a pedestrian is a road traffic accident (RTA) in which the driver of a vehicle (vehicle) caused a collision with a person or the victim himself became the culprit of the incident.

The following types of liability are provided for such an act:

Civil liability is a type of punishment that practically does not carry any consequences, which means compensation for damage as a result of an accident. Most often - in monetary form.

If administrative liability occurs, drivers will face a fine, the amount of which depends on the severity of the damage and does not exclude civil liability. The victim can file a lawsuit for compensation for damage to health, treatment costs, and moral damage.

Criminal is the most serious type of liability; if there are serious consequences in this case or death, the court sentences the guilty person to up to 7 years in prison. After an accident of this type, the driver is always considered at fault.

Hitting a pedestrian outside a pedestrian crossing: punishment

If you hit a pedestrian outside a pedestrian crossing, you will not be able to avoid liability for such an offense. A driver who hits a person outside a pedestrian crossing will bear administrative liability if the victim has injuries of no more than moderate severity. If the consequences turn out to be moderate or severe, the driver will most likely face serious criminal penalties.

When making a decision, the court takes into account mitigating circumstances (the driver provided assistance to the victim and contributed to a speedy recovery) and may reduce the sentence.

If a person is hit outside a pedestrian crossing: what is the responsibility?

A driver, violating traffic rules, can hit a person outside the crossing. The victim may not have crossed the road. Any of these situations requires special consideration, since not only the person driving the car, but also the pedestrian (another road user) may be at fault. For example, a person could cross the roadway in an unintended place or move at the crossing when the car could no longer slow down. If the scene of the incident was poorly lit and the road was bumpy, the victim will be punished, and the driver who hit the person will be completely acquitted.

As a rule, a DVR, which is installed in the car, comes to the rescue. It records all movements, for example, with its help you can see that the victim threw himself under the wheels deliberately. Such individuals thus extort money from drivers.

Civil liability for hitting a pedestrian outside a pedestrian crossing

The owner of the vehicle is the driver of the source of increased danger, therefore he bears civil liability for damage caused during the operation of the vehicle. Regardless of whose fault the accident occurred, the owner of the vehicle must compensate for the costs of treatment (funeral), damaged clothing and other material losses. When filing a claim for compensation for damage, remember that the court can exempt you from compensation for damage if, as a result of the procedure, the owner of the vehicle proves that the damage was caused by the intent of the victim and as a result of force majeure.

Administrative punishment for hitting a pedestrian outside a pedestrian crossing

If the victim’s health is harmed with mild or moderate severity, an administrative penalty will be applied to the motorist who committed the violation. This responsibility of the driver is determined by Art. 12.24 of the Code of Administrative Offenses of the Russian Federation.

Thus, depending on the degree of guilt and damage caused in an accident, a judge may impose a fine of 2.5 to 25 thousand rubles and deprivation of a driver’s license, that is, a ban on driving for a period of 1 to 2 years.

When a pedestrian is hit, not only the latter suffers, but also the driver and the vehicle. If the victim crossed the roadway in an unintended place, was intoxicated, or there are other circumstances proving the victim’s guilt, you can file a claim for compensation for damage to the driver and his property.

Criminal liability

Punishment for a vehicle owner for hitting a person outside a pedestrian crossing is imposed in accordance with Art. 264 of the Criminal Code of the Russian Federation. Criminal punishment is provided if during a collision the victim receives serious injuries or death occurs. According to Art. 264 of the Criminal Code of the Russian Federation, the owner of a vehicle, depending on the circumstances (failure to provide first medical aid, alcohol intoxication, etc.), faces imprisonment for a term of 6 months to 7 years. He will also be deprived of his driving privileges. In a special situation, in accordance with Art. 264, a motorist who was drunk and responsible for the death of more than two people can be sentenced to 9 years.

How to Avoid Responsibility

It is a stereotype in our society that motorists have no chance of avoiding charges when they hit pedestrians. In fact, punishment occurs only if the driver’s guilt in an accident is proven.

Taking action after a collision

To defend his innocence, the owner of the car, after committing a traffic violation, needs to take the necessary measures:

the driver must provide first aid to the victim and call an ambulance;
record the scene of an accident and collect information about witnesses;
send a request to obtain video footage of the incident area. In the Center for Teleautomatic Traffic Control, video recordings are stored for only 3 days, and you cannot hesitate so as not to lose valuable evidence of your innocence.

If you have questions about such incidents, you should contact the specialists of the Pravoved.RU portal. We will advise you on what happens in a particular case when hitting a pedestrian, we will advise you on how to behave after an accident in order to avoid punishment, and we will help you dispute the blame for the traffic accident.

Hit a person not at a pedestrian crossing: responsibility

A common road accident is hitting a pedestrian . It can occur under different conditions.

Today we will look in detail at the punishment for hitting a pedestrian outside a pedestrian crossing, which is provided for in current legislation.

Of course, despite the existing rules about crossing the road in designated areas, when hitting a person outside these zones, punishment is also provided.

Let's pay attention to all the subtleties that are relevant in 2019.

Types of liability

It is known that, in accordance with the rules, it is necessary to cross the roadway at a designated place.

But even if the driver hit a person outside the established pedestrian crossing, liability is still provided for in the law.

Even though the pedestrian’s guilt in the incident has been proven, the driver has also been punished.

For hitting a person crossing the road in the wrong place, the following types of liability are provided:

We will try to determine what will happen to the driver if he hits a pedestrian not at a pedestrian crossing.

Involvement in different types of liability will depend on the circumstances of the accident and the severity of the damage:

Administrative liability implies the imposition of an appropriate fine. The amount of the penalty depends entirely on the severity of the damage caused, that is, on the injuries the pedestrian has. The victim has the right to demand compensation for moral damage, harm to health, and treatment costs. The claim may be brought in court. Bringing to administrative liability does not exclude civil liability.
Civil liability just means compensation for damage caused as a result of an accident. Most often, such a penalty is imposed in monetary terms. This measure is relevant if a pedestrian is not hit to death.
The most severe type of liability is criminal . The driver is involved in it in case of severe consequences of an accident. If the victim is hit and killed, the perpetrator can be sentenced to 7 years in prison. When such a serious accident occurs, the driver is found guilty.

A natural question arises: if a driver hits a pedestrian not at a pedestrian crossing, who is to blame? All this is decided, in most cases, individually.

When serious harm to health is caused, the case is considered exclusively in court. Much will depend on the process, on the judge, since even evidence, evidence in video format is accepted at the discretion of the court.

Measure of responsibility

When a driver hits a person in the wrong place, he will not be able to avoid being held accountable. If the damage is light or moderate, liability may be civil and administrative.

If grievous bodily harm is caused, the driver is held criminally liable. What threatens in this case? Much will depend on various nuances:

Please note: if you hit a drunk person , this fact will not affect the level of responsibility. In any case, the driver is responsible for the incident.
When it is proven during the trial that the pedestrian deliberately threw himself under the wheels , and the driver did not have the opportunity to maneuver, he may be found not guilty, or his sentence may be reduced.
very important that the driver does not flee the scene of the accident . He is obliged to provide first aid to the victim, as well as call an ambulance and wait for the doctors to arrive.
If the driver fled the scene of an accident , he will in any case be found guilty and will suffer appropriate punishment not only for the fact of the collision itself, but also for leaving in danger and failure to provide assistance.
Compliance with the speed limit is of great importance .
If the driver was under the influence of alcohol at the time of the accident , the likelihood of him receiving the maximum punishment is extremely high.

Numerous details are examined: the serviceability of the vehicle, the moment when the driver should have already noticed the pedestrian, the braking distance.

Let's look at some points in more detail.

Fed the scene of an accident

If a driver hits a pedestrian and then flees the scene, this will be considered an aggravated circumstance.

If slight or moderate harm to health is caused, the punishment may be as follows:

arrest up to 15 days;
deprivation of a driver's license for up to a year;
a fine of 10-15 minimum wages;
leaving in danger – a fine of up to 80 thousand rubles, as well as correctional labor for up to a year;
Arrest for leaving in danger can be up to three months, imprisonment - up to a year.

If the serious harm caused is considered within the framework of criminal proceedings, the punishment will be more severe. This also applies to road accidents when a pedestrian is killed.

A driver who fled the scene of a crime can receive a real sentence of up to 9 years. The specific punishment depends entirely on the specific circumstances of the case.

There is an important nuance here . Sometimes the pedestrian looks almost healthy and leaves the scene of the accident. The driver also leaves. And then the victim feels unwell and goes to a medical facility.

To prevent a situation where the driver is held accountable for fleeing the scene of an accident, lawyers recommend first taking a receipt from the pedestrian (that he has no claim and does not want to see a doctor), and only then leaving.

Hit a drunk pedestrian

Once again we draw your attention! The state of alcohol intoxication of a pedestrian does not matter in a legal sense when considering the circumstances of an accident.

The driver controls a high-risk object, so he is responsible for the contact of the vehicle with the pedestrian.

If you can prove the following series of facts, the driver can avoid administrative and civil liability:

the pedestrian suddenly and purposefully threw himself under the wheels;
the driver did not have the technical ability to avoid a collision;
there was no traffic violation by the driver;
the driver obeyed the speed limit.

The driver is drunk himself

The presence of alcohol or drug intoxication of the driver is a serious aggravating circumstance that increases the punishment even if traffic rules are observed.

The most severe punishment awaits drivers whose case is being considered in criminal proceedings (when serious harm to health is caused).

The driver faces imprisonment - the term can be up to 7 years. A deprivation of rights for 3 years is also provided.

Pedestrian hit and killed

When a pedestrian is killed, a criminal case must be opened . Punishment in accordance with the law must be harsh, even if the driver did not violate traffic rules - this is classified as a crime committed through negligence.

The absence of aggravating circumstances and intent still does not relieve the driver of guilt . Punishment:

forced labor for up to 4 years;
deprivation of rights (period can be up to 3 years);
imprisonment - the actual term can be up to 5 years.

A particularly severe punishment awaits a driver who was intoxicated and killed more than 2 people: he faces imprisonment (the actual sentence could be up to 9 years), as well as deprivation of his license for a period of 3 years.

Also, the culprit of the accident will have to pay all costs under civil liability. This includes payment for funerals and compensation for moral damages to relatives. The amount of recovery can be up to a million rubles.

What to do if you hit a person? The answer is obvious: the driver is obliged to remain at the scene of the accident, provide first aid to the victim and immediately call an ambulance and wait for its arrival.

If the case is heard in court, such responsible behavior will certainly be taken into account - this will become a mitigating circumstance for the driver.