What does the person at fault in a fatal accident face?
Fatal accident, article of the Criminal Code of the Russian Federation
The content of the article
Often a road accident has serious consequences - loss of life, but does it always end in prison? In such an outcome, the guilty person bears criminal liability. Punishment for a fatal road accident is determined by the Criminal Code of the Russian Federation.
Important! Only the court will determine the presence or absence of aggravating/mitigating circumstances, and will also choose a preventive measure.
The sentence is determined by the behavior of the participants in the accident at the following stages:
- accident location;
- criminal investigation;
- trial.
Article of the Criminal Code of the Russian Federation
Article 264 of the Criminal Code of the Russian Federation defines various sanctions for committing a fatal accident. A prerequisite for this is that the court establishes a cause-and-effect relationship between the incident and the death of the person. The death of one victim due to the fault of the driver may entail punishment in the form of imprisonment for up to 5 years or forced labor for up to 4 years. An additional measure may also be applied - deprivation of rights for 3 years, and when driving while intoxicated, the prison term is increased to 7 years with deprivation of driving license for the same period.
If 2 or more people died, their rights will be deprived for 3 years, freedom - for 5 years, forced labor can be imposed for up to 5 years. If the driver was under the influence of alcohol during the accident, the prison term increases to 9 years.
Important! The maximum sentences specified in the sanction of Article 264 of the Criminal Code of the Russian Federation cannot be exceeded by the court when making a decision. The culprit will face imprisonment and deprivation of a driver's license.
Causes of fatal road accidents
Most often, the most severe consequences are caused by accidents that occur as a result of:
- drunk driving;
- violations of rules for crossing intersections;
- driving into the oncoming lane;
- speeding;
- incorrect execution of maneuvers.
When investigating the causes of an accident that resulted in the death of victims, the scene of the accident and the vehicles involved are carefully examined. An accident diagram and a protocol for examining the accident site are drawn up.
In litigation, the outcome of the case largely depends on the experience of the lawyer. Since there is no lower limit of punishment for this crime, a knowledgeable lawyer will be able to reduce the penalty as much as possible, using mitigating circumstances, or even help the accused avoid punishment completely.
Liability for a fatal accident depends directly on the actions of the driver at the scene of the accident. The inaction of a participant in an accident is criminal. Do not leave the scene of the accident; this is strictly prohibited and the driver may incur administrative liability.
Important! Remember, after an accident, you must immediately turn on the hazard warning lights and call an ambulance, the traffic police, fulfill your duties to assist the victims, and write down information about witnesses.
What does the culprit face?
Punishment options for causing an accident resulting in death vary. Violation of traffic rules is considered criminal only when, as a result of an accident:
- no one survived;
- its participants received moderate and severe injuries.
Important! In the event of a fatal accident, the driver is held criminally liable. A fatal accident is not considered an administrative offense. The death of the victim must be caused by the collision. If intent is found in the driver’s actions, they are classified as murder, and the car will be considered a crime weapon.
It happens that doctors, during the initial examination of the participants in the accident, do not reveal significant injuries, but some of the victims die the next day. It also happens that victims of an accident die not from injuries, but from a heart attack that occurred some time before serious bodily harm was caused.
Important! The cause of death and the severity of injuries cannot be determined at the scene of the accident, therefore, to establish the cause-and-effect relationship between the consequences of the accident and the incident, a forensic medical examination is appointed.
Responsibility
If the driver leaves the scene of the accident, he faces:
- administrative arrest;
- administrative penalty;
- deprivation of rights.
If a driver leaves the scene of a fatal accident, he will be looked for as a person who has committed a criminal offense, and in this case the culprit will face severe punishment. If the accident causes injuries of varying severity, and then the victim dies, the culprit will be held criminally liable.
Important: Never move objects at the scene of an accident; provide assistance to victims.
Mitigation of punishment
The punishment for the culprit of a fatal accident can be mitigated if you correctly develop a defense strategy. An experienced lawyer representing the interests of the culprit will be able to make the most of legal tools - to justify mitigating circumstances:
- raising young children guilty;
- the driver is the carer of a person who needs care;
- minor traffic violation;
- presence of pregnancy;
- committing a traffic violation for the first time;
- providing assistance to the victim.
Important! Russian legislation allows you to avoid liability through reconciliation with the relatives of the deceased (Article 76 of the Criminal Code of the Russian Federation). You can negotiate with them on compensation for damage and obtain exemption from criminal liability.
If it is not possible to reach an agreement with the relatives of the deceased, the culprit will receive a criminal record, and the punishment will be determined by the court, taking into account many subtleties. The role of the defense attorney is to seek mitigation of the defendant's sentence at each stage of the criminal proceedings.
When can reconciliation with the relatives of the deceased be used?
If the driver committed an accident, as a result of which a person died, and does not want to be punished by imprisonment, you can reconcile with the relatives of the deceased. In this case, a mandatory condition: the perpetrator has no criminal record of any severity. The amount of compensation that the relatives of the deceased can ask for depends entirely on their wishes.
What determines criminal liability for a fatal accident?
To impose a punishment, it is necessary to have evidence confirming the fact of an action with signs of a crime. The length of criminal punishment depends on:
- conclusions of a forensic expert;
- the severity of the harm caused;
- characteristics of the accused;
- the presence of aggravating or mitigating factors.
Important! If the driver is to blame for an accident that causes harm to the health of the passengers of another vehicle, he is also responsible for all the grave consequences of what happened to them. To hold the perpetrator accountable for causing injury to a pedestrian, it is enough to establish that the driver violated traffic rules.
If a collision with a pedestrian was made while exceeding the speed limit limited by road signs, the driver is responsible for failure to control the safety of the vehicle.
How to properly refer to “independent circumstances”?
It is possible to tell the court that a person was “accidentally run over”, but it is ineffective. Factors that can be used as arguments for "chance" are:
- poor road lighting;
- adverse weather conditions;
- icy conditions, etc.
What to do if a criminal case has been opened for a fatal accident?
Find a good lawyer! Pedestrians are sometimes to blame for fatal accidents. In any case, the measure of responsibility is established by the court when considering with the involvement of the prosecution and defense parties, based on the materials of the criminal case.
Contact our qualified lawyers at the pre-trial investigation stage, when evidence is being collected. They will have time to study and analyze the case and help collect evidence of the driver’s innocence in order to dismiss the criminal case.
ATTENTION! Due to recent changes in legislation, the information in this article may be out of date! Our lawyer will advise you free of charge.
Liability for fatal accidents
A car is a vehicle whose operation is associated with many risks, including death. And it is not even at all necessary that you yourself will suffer as a result of a traffic accident.
There is a possibility that another person may die from your inexperienced driving or the occurrence of insurmountable circumstances. Taking a person's life, even through negligence, is punishable in accordance with the criminal code.
A fatal accident (Article 264 of the Criminal Code of the Russian Federation) is a tragedy in which the person responsible will be held responsible. But this does not mean that the driver who survived the accident will be at fault.
In some situations, the guilt of the deceased person in an accident can be proven, which will certainly allow the survivor to avoid criminal punishment.
Composition and features of the crime
Fatal accidents are regulated by Art. 264 of the Criminal Code of the Russian Federation. In addition to death resulting from the operation of a vehicle, the article regulates crimes of causing grievous bodily harm as a result of accidents.
The object of the crime in this case is human life and health, as well as public safety on the road.
The objective side is qualified when establishing a cause-and-effect relationship between a violation of a specific traffic rule and the resulting consequences of an accident in the form of a person’s death.
The subjective side of the crime is characterized by the presence of reckless guilt as a result of negligent or negligent driving. The subject can be a person driving a vehicle when he or she reaches the age of 16 years.
In order for the accident to fall under Art. 264 of the Criminal Code of the Russian Federation, an examination must be carried out to confirm the connection between the actions of drivers and the consequences of the collision.
There are often cases when a person driving dies from a heart attack, as a result of which he loses control of the car and causes an accident. No one will be to blame for his death, it’s just a coincidence.
Punishment for fatal accidents
If the existence of a criminal offense is nevertheless proven, various penalties may be applied to the accused.
Each of them is used in the opinion of the court in the presence of certain circumstances of the crime. So, Art. 264 provides for the following penalties.
In case of traffic violation resulting in death:
- Forced labor for up to 4 years with deprivation of the right to engage in certain activities or hold specific positions for up to 3 years;
- Imprisonment for up to 5 years with deprivation of the right to hold certain positions or conduct specific activities for up to 3 years.
In case of violation of traffic rules resulting in death while under the influence of alcohol:
- Imprisonment from 2 to 7 years with deprivation of the right to engage in specific types of activities and hold certain positions for up to 3 years.
In case of violation of traffic rules resulting in the death of several victims:
- Forced labor for up to 5 years with deprivation of the right to engage in certain activities and hold certain positions for up to 3 years;
- Imprisonment for up to 7 years with prohibition of the right to engage in specific types of activities and hold certain positions for up to 3 years.
In case of violation of traffic rules, resulting in the death of several persons, while under the influence of alcohol:
- Imprisonment from 4 to 9 years with deprivation of the right to engage in certain activities and hold specific positions for up to 3 years.
Intoxication is recognized as the presence of alcohol or drugs in the body, as well as when the driver refuses to undergo a medical examination.
It is obvious that criminal liability for a fatal accident involves the use of alcoholic beverages as an aggravating circumstance.
If a person, aware of the prohibition on driving while intoxicated, intends to drive drunk, then he is fully aware of the danger of his actions.
Aggravating and mitigating circumstances in an accident
To establish the guilt of a specific person in an accident, a number of investigative measures are carried out. Traffic police officers, police, prosecutors and experts must check the technical condition of the car for faults, its trajectory, and the behavior of drivers on the road.
A criminal case will not be initiated if it is proven that the driver could not brake and prevent the collision.
The punishment for the driver will be chosen based on certain circumstances of his life and behavior on the road at the time of the accident.
In particular, the following may be considered aggravating circumstances:
All these actions confirm the bad faith of the malicious offender.
The court may take into account the following facts as mitigating circumstances:
- The driver is a pregnant woman;
- The driver has dependent children who have no one else to look after them;
- The driver completely made amends to the relatives of the deceased: he paid damages, moral compensation, apologized, etc.
The defense of the defendant must apply for the admission of mitigating circumstances in the case.
Payments under compulsory motor liability insurance for a fatal accident can be guaranteed to the relatives of the deceased. This is usually provided for by the policy itself. The amount of payment in each specific situation is determined individually.
The right to receive payment under compulsory motor liability insurance in the event of the death of a driver in an accident is only possible if the policy was issued no earlier than April 1, 2017.
In 2019, the maximum amount of payment under compulsory motor liability insurance for causing death in an accident due to negligence was 500,000 rubles. Only one payment for death in an accident amounted to 50,000 rubles. On average, its size ranges from 150,000 to 400,000 rubles.
How to receive compensation for moral damage?
The death of a relative, especially of working age, is not only a tragedy, but a significant deterioration in the financial situation of the family.
In civil proceedings, relatives have the right to demand compensation for moral suffering suffered as a result of the death of a loved one.
The amount of compensation for moral damage is not specified anywhere and can have absolutely any value. Another thing is that the judge, in the process of analyzing the crime and the circumstances of the defendant’s life, can significantly reduce the amount of such payment.
To get more, you need to take care of collecting the necessary documents confirming your deplorable condition.
So, to pay for moral damages you will need the following documents:
To determine compensation, the court will also take into account the age and financial situation of the defendant, his ability to pay the amount recovered.
Often the accused, not wanting to pay compensation, hides income, gets rid of property and tries to prove his financial insolvency in any other way. Seek help from the bailiffs to get the maximum amount of the penalty established by the court from the culprit.
If the deceased has minor children, legal representatives will represent their legal interests in court.
Arbitrage practice
When qualifying a crime under Art. 264 of the Criminal Code of the Russian Federation, difficulties arise in establishing a cause-and-effect relationship between traffic violations and the death of another person.
As a rule, a driver accused of a crime strives with all his might to prove his innocence and negligence. At the same time, it is almost impossible to prove exactly how the deceased acted on the road before the collision, unless of course there is a video recording.
In most cases, the judge, one way or another, reduces the amount of required moral compensation, but only slightly. Therefore, it is better to demand more.
In judicial practice, there are often cases in which road accidents occur with the participation of heavy truck drivers who are officially employed in specific companies for the transportation of goods.
Here, as a rule, the organization itself is recognized as the defendant for payment of compensation, and not the driver. He performed his job duties, and if he did not commit serious traffic violations, he will not be found guilty of this crime.
The company will be obliged to pay moral damages for the death of a person from its car.
When children who were driving according to all traffic rules in special seats die in an accident, the amount of compensation increases significantly.
When crossing the road in the wrong place, people risk being hit by a vehicle, which will not subsequently be punished by criminal law. After all, there are special places for transitions.
Cars are the most dangerous form of transport . About 40,000 people die on the roads in Russia every year. This terrible figure testifies to the chaos reigning on the roads, impunity and corruption among traffic enforcement agencies.
Today, in order to avoid getting into an accident and becoming a victim of such a collision, you need to think not only for yourself, but also for all surrounding road users.
Fatal accidents: punishment in 2019
One of the worst situations on the roads is, of course, a fatal accident. The criminal liability of the culprit in 2019 is still regulated by the norms of the Criminal Code of the Russian Federation, and penalties are chosen during the judicial review of the case, after studying the scene of the accident, procedural hearings and a number of investigative measures.
What kind of punishment the driver faces depends on a whole range of mitigating and aggravating factors. A practicing lawyer and author of a column on automobile law, Oleg Ustinov, will talk about this situation in more detail.
First actions in case of an accident
ASKING A LAWYER IS FASTER THAN READING! GET PAY FOR IT !
The first thing every driver who has caused an accident must do is try to call an ambulance and provide first aid to the injured person . This must be done before calling the police and the insurance company.
Important : Remember that any attempt to escape from the scene in order to avoid the prescribed punishment will be considered in the future in court not in favor of the culprit. In any case, the culprit will be found, but the punishment for such an escape will be increased.
If, after a collision between a vehicle or a vehicle and a pedestrian, no one was injured, the driver will only face an administrative fine. However, if a person died as a result of an accident (it doesn’t matter - a pedestrian, a passenger or another driver), the corresponding provisions described in the Criminal Code of the Russian Federation come into force.
What responsibility does the driver have?
Penalties for fatal road accidents are described in Article 264 of the Criminal Code. As of today, a car enthusiast can expect one of the following options:
- If the accident caused the death of one person, the driver of the vehicle faces detention from 1 to 5 years or correctional labor for 4 years. At the same time, the citizen will be deprived of the right to occupy certain types of positions for a three-year period.
- If more than one person died as a result of a traffic situation, the person responsible for the accident will receive a prison sentence of 7 years or five years of forced labor. In addition, he will not be able to hold leadership positions for another 3 years.
- If, as a result of judicial proceedings, it is proven that the culprit of the incident was in a state of drug or alcohol intoxication, in 95% of cases he will be sentenced to imprisonment for a period of 7 years. Also, after serving a sentence, a citizen will be prohibited from holding leadership positions in commercial and government structures for 3 years.
- If more than two people died as a result of a traffic accident, and the driver was under the influence of drugs or alcohol, he faces up to 9 years in prison with deprivation of holding certain positions for a three-year period.
We remind you that the responsibility of the perpetrator in a traffic accident is determined in the Russian Federation only by the court, after analyzing and taking into account all the information provided.
At the same time, the preventive measure chosen by the court entirely depends on the positions of the prosecution and defense, as well as the circumstances of the incident, the characteristics of the behavior of its participants at the scene of the accident and the actions of the lawyer.
How the incident is investigated
In the process of determining the penalty for a motorist, the court is obliged to establish a cause-and-effect relationship between the driver’s actions and the death that occurred to another participant in the accident.
In this case, deviations from the situation are possible. For example, when a citizen who was a pedestrian dies not from an injury caused by a car, but from a heart attack, which was triggered by the release of adrenaline due to the current situation.
There are also reverse non-standard situations. For example, a citizen injured after an accident is conscious, explains the situation to traffic police officers, but a few days later dies from injuries received in this traffic accident.
Important : Establishing a connection between the accident and the death of a person is the main task of forensic experts who draw up a report and submit it to the court.
At the same time, before the start of court hearings, law enforcement officers conduct their own investigation during which at the scene of the tragedy:
- witnesses are interviewed;
- the area is inspected;
- vehicle breakdowns are identified due to which the driver could not control the vehicle;
- the so-called braking distance and other marks left on the roadway are examined;
- the psychological state of the driver is determined, etc.
Details that are revealed or not revealed by the police during this investigation can either increase or decrease the severity of the punishment for the perpetrator , which will subsequently be handed down by the judge.
What are the mitigating facts?
The punishment may be mitigated if during the investigation and court hearings the following circumstances that took place during the accident were considered:
- the driver not only immediately called an ambulance for the victim, but also began to take the first necessary measures to maintain the victim’s life;
- the motorist has extensive driving experience in driving a vehicle without such incidents;
- the driver responsible for the incident is raising a minor child or several children on his own;
- the culprit of the accident was a pregnant woman carrying a child.
If the injured party suffers moderate or light damage, according to Article 76 of the Criminal Code of the Russian Federation, the parties have the right to peacefully resolve the issue (payment of compensation, compensation for harm, etc.), without criminal punishment. However, this mechanism cannot be applied if a person died during an accident.
What are aggravating factors?
The punishment for an accident in which a person died due to the driver’s fault will be more severe if, during court hearings, circumstances are proven that increase the severity of the driver’s crime. These in 2019 include:
- driving while intoxicated;
- regular violations of traffic rules, which are recorded in the traffic police protocols;
- deliberately driving a faulty car or other vehicle classified as a high-risk vehicle;
- participation of a minor driver in an accident;
Important : If it turns out that at the time of the accident the vehicle was being driven by a minor, then all responsibility may fall on the person who allowed him to drive.
- the driver’s attempt to escape from the crime scene or refusal to provide first aid to the victim.
The presence of the above factors entails the most severe punishment for the culprit of the accident.
Let's sum it up
So, the criminal liability of the culprit for a fatal accident in our country is determined exclusively by the court! At the same time, the Criminal Code of the Russian Federation acts as a fundamental document in this case. What punishment will be chosen for the driver will depend on many factors that will be considered in court.
Be extremely careful while driving!
If you find an error, please select a piece of text and press Ctrl+Enter .
SAVE TIME and MONEY! GET FREE CONSULTATION from the BEST LAWYERS while others pay for it!
Responsibility for traffic fatalities in 2019
A car is an object of increased danger, which, if traffic rules are grossly ignored, can lead to tragic consequences. In the case of a fatal accident in 2019, the culprit faces criminal punishment with a real prison term. The circumstances that caused the accident may vary, as may the consequences. The measure of restraint is chosen by the court.
Responsibility for road accidents resulting in loss of life
In the event of a road accident with injuries, as well as with the death of one or more persons, article of the Criminal Code of the Russian Federation No. 264 “Violation of traffic rules and operation of vehicles” comes into play. When choosing a preventive measure, the court takes into account all the causes of the tragedy, including aggravating and mitigating circumstances. If the culprit is sentenced to imprisonment, he will not go to prison, but to a penal colony, where drivers who cause death in an accident mostly serve their sentences.
To bring charges, a special examination must establish that the death of other road users occurred precisely as a result of a collision or rollover of vehicles, and not a tragic combination of circumstances (for example, a heart attack or loss of consciousness).
According to the current rules, if pedestrians, other cars, motorcyclists or other obstacles that could cause a collision suddenly appear in the path of travel, the driver must take all measures to reduce the speed of the vehicle until it comes to a complete stop. If it was not possible to avoid an accident and it later turns out that the permitted speed limit was not exceeded, the examination will determine whether it was technically possible to prevent a tragic event on the road. If there was no chance to avoid the collision, the driver is exempt from punishment under Article 264 of the Criminal Code of the Russian Federation, with the exception of cases of death of his unbelted passenger.
Criminal liability arises if during the investigation it turns out that the cause of the accident was the actions of the driver, when he could promptly notice an obstacle in the path of movement and had the technical ability to stop the vehicle. Failure to comply with traffic rules by the victim will also be considered by the court as a mitigating circumstance. For example, if a collision occurred with a motorcyclist without a helmet or with a car whose driver and passengers were not wearing seat belts.
Actions of the person responsible for the accident, qualified as aggravating circumstances
During the trial, all the actions and actions of the accused that he previously committed while driving, as well as what he did or did not do during and after the accident are taken into account. The presence of aggravating circumstances significantly aggravates the situation of the defendant and deprives him of any chance of leniency, so he may be given the maximum sentence.
Currently, the following circumstances are considered aggravating:
- Cases of systematic gross non-compliance with traffic rules, confirmed by decisions on administrative violations, which were issued on the basis of protocols of traffic police inspectors and testimony from automatic video recording of violations.
- Tragic consequences due to driving a car with technical faults. In this case, the situation can be aggravated by untimely technical inspection.
Types of liability for an accident
Next, we will consider what punishment is applied for a fatal accident in Russia.
According to current legislation, depending on the severity of the consequences, the person responsible for the accident may be subject to criminal, administrative and civil liability.
The types of liability can be applied separately or together. It all depends on the circumstances of the traffic accident, as well as the degree of guilt of the driver.
Criminal liability
If, as a result of the accident, serious harm to health or death was caused to at least one person - a passenger or a pedestrian - the investigation opens a criminal case. In the case of minor injuries, everything may end in administrative liability. Doctors will determine the severity of the injuries. Damage to health is considered minor if the victim has fully recovered in less than 21 days from the date of admission to a medical institution.
Criminal liability for road accidents with fatalities in accordance with Article No. 264 of the Criminal Code of the Russian Federation provides for the following penalties:
- imprisonment in a colony settlement (maximum term - 9 years);
- restriction of freedom;
- forced correctional labor;
- prohibition to conduct a specific type of activity or hold certain positions.
It is also important to note what the driver faces in a fatal accident if, during the investigation, it turns out that he acted intentionally. In such a development of events, criminal liability no longer arises under Article 264, but under Article 105 of the Criminal Code of the Russian Federation “Murder”, under which the preventive measure will be much harsher. The accused in this case faces real imprisonment with serving the sentence in a general or strict regime colony. Article No. 264 of the Criminal Code of the Russian Federation applies only if a murder occurred in an accident due to negligence, when there is no malicious intent in the crime.
Administrative responsibility
The culprit will be held simultaneously criminally and administratively liable if the cause of the accident was a traffic violation. In addition to serving his sentence under the Criminal Code of the Russian Federation, he will have to pay a fine or lose his driver's license. Administrative liability also arises when minor harm to health is caused.
Civil responsibility
Civil liability always arises in the case of minor accidents, but it does not lose its relevance when there is a death in an accident. The culprit is obliged to financially compensate for the lost property of the victim, as well as pay compensation for causing serious harm to health or death. In the event of the death of the owner of the car, who is the injured party, his heirs receive the money.
Liability of the employer responsible for the accident
The driver driving the car is not always the culprit of the accident. It may also be his employer, who provided a faulty vehicle for the performance of official duties. The employer's liability in an accident resulting in the death of a person arises in accordance with Articles 1068 or 1079 of the Civil Code of the Russian Federation, based on which the court will oblige the owner of the car to pay compensation to the victim or his relatives.
When release from liability or mitigation of guilt occurs
Not all cases where a person dies in an accident are punishable by imprisonment. Under certain circumstances, the culprit has the opportunity to avoid punishment or receive a minimum sentence. This can happen in the event of reconciliation with the relatives of the victims, since the cause of the tragic incident was force majeure.
Reconciliation with relatives of the victims
Relatives of those killed in road accidents during the investigation or trial have the right to ask the court to leave the culprit free if it pays them compensation for moral and material damage. They can demand any amount, but the judge will take into account the defendant's financial capabilities before dismissing the case in connection with the reconciliation of the parties. Such a decision can be made only if the guilty party has no other criminal records, and the crime was committed through negligence. However, statistics show that the court does not always satisfy the demands of relatives and still makes a decision on deprivation of liberty.
Force majeure circumstances
The court may release the culprit of an accident from liability, as a result of which people died, if the investigation establishes that he did not violate traffic rules, and the accident was provoked by force majeure circumstances: limited visibility, sudden failure of the ground, heart attack, fainting while driving and other factors, overcome which the driver did not have the physical ability to do. All this must be confirmed by the results of examinations, testimony of witnesses, video recordings of dash cams or street surveillance cameras.
Extenuating circumstances
Unlike force majeure circumstances, mitigating ones do not completely relieve one from criminal liability, but serve as a basis for mitigating the sentence (assigning a minimum sentence, replacing a colony with restriction of freedom or correctional labor). The grounds for court leniency are:
- pregnancy of the culprit of the accident;
- surrender and assistance in the investigation;
- presence of young children or other dependents;
- voluntary attempts to make amends to victims (material assistance to relatives, payment for treatment);
- first traffic violation;
- minority;
- presence of positive characteristics.
Help from a lawyer
Judicial practice in fatal road accidents shows that in most cases the driver who hit a pedestrian or another vehicle ends up in the dock. However, often the victims themselves may be to blame for the accident. For example, pedestrians often neglect their safety and at night walk along an unlit road without reflective strips. In the headlights of oncoming traffic, the driver usually notices them only at a distance of 15-20 meters.
Unfortunately, not all investigators treat their case responsibly, trying to quickly close the case without understanding all the details of what happened. In this case, only an experienced criminal lawyer can help. He will see all the flaws in the investigation, find evidence of his client’s innocence, or competently present mitigating circumstances.
Relatives of the victims who are entitled to compensation may also need the help of a lawyer. Not all perpetrators voluntarily agree to pay compensation. Without knowledge of legal subtleties, it is very difficult to achieve justice.
Leaving the scene of an accident
There are frequent cases of the culprit leaving the scene of an accident. Most often this happens when a collision occurs at a pedestrian crossing or when driving while intoxicated.
For leaving the scene of an accident, only administrative liability is provided under Article No. 12.27, Part 2 of the Code of Administrative Offenses of the Russian Federation.
However, if there are injuries or deaths, such behavior will be considered by the court as an aggravating circumstance if the culprit subsequently fails to confess to the police.
Payment of compensation after an accident
The person responsible for the accident must compensate the relatives of the person killed in an accident - voluntarily or involuntarily.
If the amount does not exceed 500,000 rubles, the obligation to pay compensation will fall on the insurance company with which the defendant took out the MTPL policy.
However, this does not deprive the relatives of the deceased of the opportunity to demand additional funds in court.
Conclusion
Accidents usually occur as a result of irresponsible road users. Unfortunately, on our roads every day we see a demonstration of disrespect for road users on the part of individual citizens, drunk driving, failure to comply with the speed limit, driving into the oncoming lane in conditions of limited visibility, and much more. If trouble does happen on the road, you should not try to hide. This will not save you from liability, but will only worsen the situation of the culprit.
The optimal solution is to immediately call emergency services. To do this, just call 112 and report the incident. The dispatcher will notify rescuers, ambulance, traffic police and, if necessary, firefighters.
The significance of primary indications in a fatal accident: Video
Candidate of Legal Sciences. Advocate. Legal practical experience – 7 years. Specializations: Automotive law, tax law, loans and lending, compensation for damage.
In any case, this is a terrible incident and the most important thing in such accidents is not to aggravate the situation, you need to get together and provide the maximum possible assistance and call the appropriate services.
Fatal accident - punishment for the culprit of the accident
Asking a lawyer is faster than reading!
Ask a question right now and get a free consultation. We will respond within 5 minutes and solve even the most difficult situation.
Death in car accidents is unfortunately not uncommon. There are many reasons for such accidents. What should a driver do if he has killed a pedestrian or a motorcyclist, or killed the people in the car? Let's look at the problem in more detail.
What is the punishment for a fatal accident?
The life of every person is the greatest value. That is why liability for a car accident in which people died is provided for by the Criminal Code (CC) of the Russian Federation. Parts 3-6 of Art. are devoted to this. 264 of the Criminal Code of the Russian Federation. The extent of liability depends on the state in which the at-fault driver was and the number of victims. If a citizen was sober and because of him a person died, then the maximum punishment is 5 years in prison, and if he committed a fatal accident while drunk, then this is an aggravating factor and the prison term is up to 7 years.
Let's consider the consequences for the driver in 2019 for a fatal accident under Article 264 of the Criminal Code of the Russian Federation in the table below:
- forced. labor up to 4 years;
- imprisonment for up to 5 years
- forced. labor up to 5 years;
- imprisonment up to 7 years
In addition to the specified penalties, the guilty citizen is additionally deprived of the right to drive a car for 3 years.
What is the penalty for causing death by negligence in an accident? Even if the accident occurred due to circumstances beyond the control of the at-fault driver, a criminal case will be filed. And during its consideration, all the details of what happened will be taken into account.
For example, a driver on a slippery road surface exceeded the speed limit and lost control; his car hit a man standing on the side of the road. Despite the fact that this citizen is directly guilty only of speeding, a criminal case will be initiated. When considering the case in court, the presence of ice will be taken into account as a mitigating circumstance.
If a citizen was driving at the permitted speed, but an accident still occurred on a slippery road, then an examination will be carried out to determine whether the driver had the opportunity to prevent him from doing so. If the examination confirms compliance with traffic rules (Article 10.1), then criminal charges will not be brought against the citizen.
Article 10.1 states: “The driver must drive the vehicle at a speed not exceeding the established limit, taking into account traffic intensity, ... road and meteorological conditions ... The speed must enable the driver to constantly monitor the movement of the vehicle in order to comply with the requirements of the Rules.”
From the above, we can conclude that in the event of a car accident with the death of the victim, the citizen who was driving at that moment will be prosecuted if it is proven that he:
- had the opportunity to notice the danger;
- had a real opportunity to prevent an accident.
Fatal motorcyclist accident
A motorcycle is a highly dangerous vehicle. According to statistics, 41% of all car accidents involving a motorcycle end in the death of the driver. A motorcyclist is a full participant in the road traffic, therefore liability for a fatal accident with a motorcyclist is also regulated by Art. 264 CC. The penalties are given in the table in the previous section of this article.
Fatal accident at a pedestrian crossing
A pedestrian crossing is an area of the roadway where any incident involving a pedestrian is clearly interpreted as the driver’s fault for failure to comply with traffic rules. A fatal car accident with a pedestrian is considered by the Criminal Code of the Russian Federation, Art. 264, unless it is proven that such an outcome of the accident was provoked by the pedestrian himself. For example, he crossed a red light, committed inappropriate acts while under the influence of alcohol or drugs, or committed suicide. Liability measures for an accident resulting in the death of a pedestrian are given in the table in the first subsection of this article.
A driver who is guilty of an accident resulting in the death of a pedestrian can avoid criminal liability in the following situations:
- the pedestrian’s guilt will be proven;
- reconciliation will be achieved between the parties (the driver and the relatives of the deceased); this situation is regulated by Art. 220 of the Code of Civil Procedure (Civil Procedure Code): “The court terminates the proceedings in the case if: ... the parties have entered into a settlement agreement and it is approved by the court.”
Most often, the situation is resolved by reconciliation of the parties with the payment of compensation to the relatives of the deceased.
Judicial practice in fatal accidents
Judicial practice in fatal car accidents is replete with a lot of examples from lawyers in car accidents with fatalities. Let's give two of them.
Example 1: gr. Ivanova, while driving a car while drunk, exceeded the speed limit, lost control of the car and drove at high speed to a rural bus stop, where 9 teenagers were standing at that time, including Ivanova’s daughter. All the children died. The case had a great public outcry and was considered behind closed doors (to avoid attempts at lynching by the parents of the dead children). The court sentenced Mr. Ivanov to maximum liability under Art. 264 of the Criminal Code, part 6 - to 9 years in prison and a ban on driving for 3 years.
Example 2: gr. Petrov, while driving his car, exceeded the speed limit on a suburban section of the highway, lost control and collided with an oncoming car. The passenger in this car died. Having considered the case, the court took into account mitigating circumstances, namely the facts that the road was slippery and the passenger was not wearing a seat belt. The court appointed the culprit, Mr. Petrov, according to Part 3 of Art. 264, punishment in the form of correctional labor for a period of one year and a ban on driving for a year.
Time frame for investigation
Who investigates fatal road accidents? A government body to oversee compliance with laws and the rule of law and bring violators to justice.
This is the time from the day the case is opened until it is transferred to the prosecutor or to the court. The duration of the investigation can be extended up to 3 months, and in exceptional cases - up to 12 months.
