What is the penalty for leaving the scene of an accident?

There are often cases when, after an accident, the offender tries to escape from the scene in order to avoid punishment. However, such behavior will only worsen the situation. The driver will not only have to pay compensation to the victim, in accordance with the protocol, but also bear administrative responsibility. Let us consider in detail what punishment a driver faces for leaving the scene of an accident and whether there is a fine.

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The most common cases of violations

According to traffic police statistics, most cases where the driver left the scene of an accident can be divided into three main categories:

Fear of responsibility. This behavior is especially common when stationary vehicles are damaged.

Accident involving a pedestrian. If the hit pedestrian remains conscious, he tries to escape from the vehicle that hit him as quickly as possible.

Ignorance of what happened. Occurs in cases where, for example, when cars stop at a traffic light, their license plates touch.

Responsibility for leaving the scene of an accident

Many people ask “What is the fine for leaving the scene of an accident?” None of those involved in the accident has the right to leave the scene of the accident. It doesn’t matter who you are - the culprit or the victim. If the driver fled the scene of the accident, he faces:

Article 12.27 part 2 of the Code of Administrative Offenses of the Russian Federation states that for this violation the driver faces deprivation of the right to drive a vehicle for a period of 1 to 1.5 years or punishment in the form of arrest for 15 days .
Additionally, in accordance with paragraph 2.7 of the traffic rules and part 3 of article 12.27 of the Code of Administrative Offenses of the Russian Federation, a ban is established on the consumption of alcoholic beverages, psychotropic and narcotic substances after a traffic accident. For violating these restrictions, the driver faces a large fine of 30,000 rubles and deprivation of rights for 1.5-2 years .

Arbitrage practice. Most often, by court decision, a driver who fled the scene of an accident is deprived of his license. Even if you need them at work.

When leaving the scene of an accident will be unpunished

The law provides for situations in which you can leave the scene of an accident without fear of liability:

With a signed, sketched road accident diagram, no harm caused to health and no disagreements or disputes about who is the culprit and who is the victim. In this case, you will not need the intervention of traffic police officers and both parties will take a signed diagram of the accident to the nearest traffic police post to document the traffic accident.

Having registered an accident according to the European protocol. But for this, several conditions must be met: 1) Only 2 vehicles were involved in the incident; 2) There were no casualties and only material damage was caused; 3) Both drivers have a valid MTPL policy for the vehicle that was involved in the accident; 4) There are no disagreements between the participants in the incident regarding the situation.

If your car interferes with other traffic. Then it is necessary to move the vehicle to a safe place, and record the initial picture of the accident in photos and videos of the device in front of witnesses for the record.

Road accident with a victim. Since you are obligated to provide assistance to the victim of an accident, you can leave the scene of the accident to urgently transport him to the hospital. After this, you must return to the scene of the accident.

In all other situations, the inspector will consider that you deliberately committed an “escape.” Even if you try to prove that you had good reasons.

Video: What to do if you are accused of leaving the scene of an accident

Subtleties of legislation and traffic rules

Feature of traffic rules No. 1. According to the Legislation of the Russian Federation, the time for detaining a car for an administrative violation is up to 3 hours (Part 1 of Article 27.5 of the Code of Administrative Offenses of the Russian Federation). Personal presence is not necessary, the main thing is that the car remains at the scene of the incident.

It follows from this that the actions of a participant in an accident may be the following:

In the event of an accident, put up an emergency stop sign, turn on the hazard lights, and make sure that there are no casualties;
Call 02 and call the traffic police;
You can personally leave the scene of the incident, leaving your phone (sit in a cafe, for example);
Wait 3 hours;
If traffic police officers have not arrived at the scene of the accident during this time, call 02 again and inform the dispatcher about this (all calls are recorded).
Then you can leave the scene of the accident and it’s not your fault

Leaving the scene of an accident must be agreed upon with the other party involved in the accident. You need to agree only in writing - by issuing a receipt.

Feature of traffic rules No. 2 . Driving away from the scene of an accident at a distance of 500 - 1000 meters (by car) does not constitute leaving the scene of an accident and does not entail the deprivation of a driver's license. In this case, you are violating Article 12.27 of the Code of Administrative Offenses of the Russian Federation, Part 1, according to which it is prohibited to remove the vehicle from the scene of an accident before the arrival of the traffic police inspector.

Statute of limitations for leaving the scene of an accident

When the participant in the accident leaves the scene of the accident, be prepared that the traffic police will begin an investigation and you will be put on the wanted list.

Most likely, there will be witnesses who saw you and your vehicle, who wrote down the license plate number of your car, or store clerks who remember you and will be able to describe the situation in detail.

If you try to escape from the scene, by order of the Ministry of Internal Affairs No. 185, an interception group may be sent after you.

The duration of the search activity depends on the severity of the harm caused to the victims:

Criminal liability arises if, as a result of the accident, the victims died or their health was damaged. Then the search for the culprit of the crime may take several years .
According to Article 4.5 of the Code of Administrative Offenses of the Russian Federation, if a driver leaves the scene of an accident, a case of an administrative offense can be opened within 3 months. Clause 6 of Part 1 of Article 24.5 of the Code of Administrative Offenses of the Russian Federation states that upon expiration of the statute of limitations, the old case will be terminated, and a new one cannot be opened.

How to behave after an accident

First of all, you should stop your vehicle and be sure to turn on your hazard lights. Then place a warning triangle. Leave the scene of the accident untouched until the traffic police inspectors arrive. It is advisable not to remove debris and tire tracks.

Call the police and, if necessary, an ambulance to the scene of the accident. If there are victims, be sure to provide them with first aid.

For non-life-threatening injuries, treat wounds and apply bandages.

If the victim is in serious condition, he must be urgently transported to the nearest hospital by passing transport. According to the Traffic Rules, any driver must provide the opportunity to transport victims in his vehicle.

If there is no passing transport, you can use your car, but then you must return to the scene of the incident.

Try to find witnesses who can describe the situation in more detail to the traffic police officers. Their testimony will be especially necessary if you need to move the vehicle to ensure free passage for other road users. Additionally, the position of all traces of the accident and the vehicles involved in it should be recorded.

As practice shows, violators who fled the scene of an accident are identified often and quickly. Trying to evade the police will only worsen the situation and may negatively affect the further decision of the court. Compliance with traffic rules and the ability to take responsibility for your actions will help you avoid unpleasant situations.

Leaving the scene of an accident. What is the punishment for this in 2017-2018

The content of the article

Nowadays, unfortunately, drivers leaving the scene of an accident have become a fairly common occurrence. Often this occurs due to the fear of being brought to both administrative and criminal liability for the offense committed. Situations often arise when drivers leave the scene of an accident, believing that they have resolved the dispute on the spot, without taking into account the harm caused to third parties. In the presented material you can find out what punishment for leaving the scene of an accident is provided for by law, and what the driver who leaves the scene of an accident faces.

Leaving the scene of an accident: law and punishment

Until July 2015, the traffic law did not allow a participant in an accident to dispense with paperwork about the accident and leave the scene of the accident, even legally. This led to the fact that law-abiding drivers, even with the slightest scratch without injuries, created a barrier that paralyzed the movement of other vehicles.

To change the situation, the Government of the Russian Federation adopted Resolution No. 907 dated 09/06/2014 “On amendments to the Traffic Rules approved by Resolution of the Council of Ministers - Government of the Russian Federation of October 23, 1993 No. 1090”, which amended the traffic rules, establishing a list of exceptional cases where it became possible to leave the scene of an accident. Despite this, leaving the scene of an accident is a serious offense, the consequences of which can lead to extremely severe punishment.

Responsibility and sanctions under the Code of Administrative Offenses

What does leaving the scene of an accident mean? To begin with, let us give the concept of a road traffic accident, specified in the Federal Law of December 10, 1995 No. 196-FZ “On Road Safety” - this is an event that occurred during the movement of a vehicle on the road and with its participation, in which deaths or injuries people, vehicles, structures, cargo are damaged or other material damage is caused.

In the event of an accident, clause 2.5 of the traffic rules obliges you to immediately stop the vehicle, turn on the hazard warning lights and display a warning triangle. Consequently, hiding from the scene of an accident means committing an administrative offense, liability for which is provided for in Art. 12.27 Code of Administrative Offenses of the Russian Federation.

Important! If you intentionally or unintentionally decided to leave the scene of an accident, this does not mean an actual admission of guilt in the incident. Such questions can only be established during an investigation of the incident.

This offense is independent; for its qualification, it does not matter in what capacity the driver who left the scene of the accident acts - the victim or the culprit of the accident. For leaving the scene of an accident, the punishment in 2017 is:

Administrative
Part 2 Art. 12.27 Code of Administrative Offenses of the Russian Federation

Deprivation of the right to drive vehicles
for a period of one to one and a half years;
Administrative arrest for up to fifteen days.

Criminal
Art. 265 of the Criminal Code of the Russian Federation (lost force)

Since 2003, the Code does not contain liability
for leaving the scene of an accident

In what cases can you leave the scene of an accident?

Until 2003, when Art. 265 of the Criminal Code of the Russian Federation, for leaving the scene of an accident, the driver faced criminal liability. From the moment this norm was abolished, but until July 2015, in any case, there was a penalty for leaving the scene of an accident, with the exception of two situations:

the driver left the scene of the accident to save the victim (it was necessary to first leave personal information to the traffic police);
the participant in the accident left the scene of the accident after drawing up a European protocol.

Punishment for leaving the scene of an accident in 2017 also applies, with the exception of the following situations:

The participant in the accident decided to take the injured person to the hospital, since the latter needed urgent help.

Important! Even in such a situation, the participant is obliged to immediately return to the scene of the accident after providing assistance to the victim!

If the location of cars on the road makes it difficult for other vehicles to move.
If there are no injuries as a result of the accident, and the drivers themselves resolve the dispute by drawing up a European protocol.

These exceptions for leaving the scene of an accident began to apply on July 1, 2015.

Important! The basic rule remains unchanged - the driver is obliged to record all the data of the accident before leaving the scene of the accident, even in these cases. In another situation, leaving the scene of an accident will certainly entail punishment.

Fine for leaving the scene of an accident in 2017

As of 2017, punishment for fleeing the scene of an accident will be established taking into account the following circumstances:

the current version of the Code of Administrative Offenses of the Russian Federation does not provide for a fine for leaving the scene of an accident in 2017;

The Code of Administrative Offenses of the Russian Federation provides for deprivation of rights or administrative arrest for leaving the scene of an accident.

Thus, the fine for leaving the scene of an accident in 2017 does not apply. Sanctions in the form of arrest or deprivation of rights can only be applied following a judicial procedure.

When they give you 15 days of arrest and how not to get arrested

An arrest order can only be issued by a court; traffic police officers do not have such powers. The presence of the offender in court is mandatory if there is a threat of liability for leaving the scene of an accident in the form of arrest.

A participant in an accident may be arrested if the report was sent for consideration to the court at the place where the violation was committed. In practice, this sanction is applied only in cases where the accident has caused serious consequences in the form of dead citizens and the driver faces real imprisonment.

Important! Article 12.27 of the Code of Administrative Offenses of the Russian Federation provides for an alternative punishment for leaving the scene of an accident in 2017 - arrest or deprivation of rights. The simultaneous application of these sanctions is not permitted.

Deprivation of rights - how to behave

What is the most common punishment for leaving the scene of an accident? Of course, this is a deprivation of rights. To protect your interests and not lose your rights, we recommend using the following advice from experienced lawyers:

Immediately after an accident, call the traffic police and report the incident.

Important! If the nature of the damage is insignificant, the parties can do without calling the traffic police and draw up a European protocol.

Before making a decision to leave the scene of an accident, record the scene of the accident in as much detail as possible using a diagram, photo or video equipment; record information about those involved in the accident and witnesses.

If there were legal grounds for leaving the scene of an accident, there will be no punishment in 2017 if the above rules are observed.

If the driver left the scene of an accident without legal grounds, liability in the form of deprivation of rights will occur in the following cases:

the driver fled the scene of the accident without valid reasons specified in the traffic rules;
the driver transported the victim to a medical facility, but did not report the accident to the traffic police, and also did not record the original location of the car during the collision;
the accident was minor, the participants agreed on the spot, but the culprit did not properly fill out documents confirming the absence of claims (in this case, the victim may after some time call the traffic police and demand punishment for fleeing the scene of the accident);
the driver decided to clear the roadway without first recording the initial location of the car during the collision.

In these cases, leaving the scene of an accident almost inevitably entails liability under the Code of Administrative Offenses of the Russian Federation.

On what basis is a decision made to leave the scene of an accident?

Prosecution is allowed only in court. Traffic police officers draw up the necessary procedural documents regarding the accident and establish the identities of the participants in the incident. As well as the characteristics of their vehicles. To confirm the offense, a vehicle inspection procedure may be carried out when fleeing the scene of an accident.

If the driver fled the scene of the accident, the magistrate will hand down his punishment in 2017. This occurs with mandatory notification of the perpetrator of the offense, who has the right not only to present evidence of his innocence, but also to challenge the judicial act. In any case, a fine for leaving the scene of an accident cannot be applied; the driver will be deprived of his license or arrested.

The statute of limitations for leaving the scene of an accident is three months. If three months have passed and no procedural documents on prosecution have been issued, no sanction for leaving the scene of an accident can be applied.

Leaving the scene of an accident in special cases

Let's consider what punishment may follow for leaving the scene of an accident in certain cases:

accident without victims - when a European protocol is drawn up and there are no claims from the participants, liability for leaving the scene of an accident without victims does not apply;
unintentional leaving the scene of an accident - Art. 12.27 of the Code of Administrative Offenses of the Russian Federation is applied unless the culprit proves the absence of intent to conceal the offense;
if there is a receipt stating that there are no claims, there is no liability;
if the driver left the scene of the accident, leaving the car there, no punishment will follow if the culprit promptly notified the traffic police of this fact;
if hiding from the scene of an accident occurred for the first time, the one-time or repeated offense will not affect the progress of the case.

In any controversial situation, we advise you to seek help from experienced lawyers. Even a telephone consultation will help clarify the algorithm of actions and avoid consequences in the form of application of sanctions established by law.

Unintentionally leaving the scene of an accident?

Is it possible to lose your license for unintentionally leaving the scene of an accident? Such situations often arise if the driver left the scene of an accident and might not even know that an accident had occurred. For example, while driving, a car scratched a car standing on the side of the road with its rearview mirror, but the culprit did not notice it.

In such a situation, the victim sees that an accident has occurred and will comply with the requirements of the law prohibiting leaving the scene of an accident. The offender, who may not have noticed this incident, learns about what happened much later, having actually left the scene of the incident.

The main task of the driver who left the scene of the accident will be to prove the absence of intent to conceal the offense. An important role will be played by the testimony of eyewitnesses who were in the car at the time of the incident, or the results of examinations.

In what other cases are rights not deprived?

In addition to the exceptional cases mentioned above, there are other ways to avoid punishment. If the driver complied with all the requirements for notifying the traffic police, and the employees did not arrive, then the following algorithm of actions is possible:

at least 3 hours have passed since the call to the traffic police;
when calling the traffic police again, it turned out that the inspector would not arrive very soon;
You can leave the scene of an accident in accordance with the law.

Article 27.5 of the Code of Administrative Offenses of the Russian Federation specifies a restrictive measure in the form of administrative detention. The obligation of a participant in an accident not to leave the scene of the accident is nothing more than an administrative detention that restricts your freedom of movement.

The period of such detention cannot exceed three hours. Consequently, a participant who recorded an accident by calling the traffic police, took a photo or video of the location of the cars involved in the accident, and also called the traffic police again after 3 hours, can leave the scene of the accident and go about their business. At the same time, traffic police officers can later call the driver to draw up a report and obtain a certificate of the accident.

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.

Intentional and unintentional leaving the scene of an accident: what threatens the driver

The accident is a serious road incident. Its participants bear a certain responsibility. If the culprit or victim fled the scene of the incident, they face additional punishment - an administrative fine or criminal liability, depending on the severity of the consequences.

Responsibilities of an accident participant

After an accident, those involved in the incident are required to remain in their places. The arrival of traffic police officers will allow us to determine the details of the incident on the spot. Witnesses, if possible, must also personally attest to the offense.

If the situation takes on a different character - the culprit tries to hide the fact of the violation, he worsens his own situation. The violator faces various types of punishment.

Every road user has responsibilities and rights. Victims and those responsible for an accident are also required to follow certain rules. Basic norms regulated by the law of the Russian Federation:

the owner of the vehicle is obliged to stop the car; if possible, remain in it until the traffic police arrive;
he turns on the emergency mode, remains calm, keeps his emotions under control;
if possible, the vehicle owner installs an emergency sign on the road;
you cannot move objects or take parts of the damaged car from the road if they do not interfere with the general movement of cars;
the owner of the vehicle is obliged to assess the situation, consider the victims, and help them if he has such an opportunity.

The presence of victims makes certain changes in the procedure for a participant in an accident. He is obliged to provide first aid, call an ambulance, and traffic police officers.

Witness statements are also useful, so if possible, the person involved in the accident writes down the contact information of eyewitnesses.

When can you leave the scene of an accident?

Russian legislation defines cases when a motorist has the right to leave the scene of an accident. Before the arrival of traffic police officers, even if a European protocol is drawn up, the car cannot be moved.

Another case is if the victims need urgent help, and there are no other vehicles nearby. The driver's priority is to help those who are injured. The punishment for leaving the scene of an accident to help victims is not aggravated.

If there is no time to wait for an ambulance, the participant in the incident is obliged to help the injured person - send him in any car to the nearest medical facility.

To document the scene of the accident, video recording on a phone or other device is used. When the victim is taken away by medical workers, the participant in the accident must return to the car or visit the traffic police post.

Moving the vehicle is allowed when an accident causes traffic jams or problems in the correct regulation of traffic. The driver takes responsibility for independently determining how much the vehicle’s position interferes with other vehicles.

If the movement of other cars is stopped due to an incident, the motorist records the incident - photos, videos. He records the details of eyewitnesses, their addresses, contact numbers. Then the citizen removes the car from the roadway and waits for the traffic police officers.

Another case when it will be possible to leave the scene of an incident without any problems is if the participants agreed among themselves and came to a common agreement. The incident is resolved immediately without the involvement of traffic police officers. Participants sign a receipt confirming the absence of counterclaims.

Drawing up a European protocol also eliminates the need to involve the traffic police: after drawing up a protocol, the participants in the incident leave the scene of the accident.

Verbal permission from the police allows you to leave the scene. Other cases are a direct violation of the law.

Punishment if you leave the scene of an accident

In recent years, numerous amendments have been made to the State Duma to punish for leaving the scene of an accident. The severity of responsibility, according to Russian deputies, should be higher. The new article, which is under consideration and revision, provides for punishment in the form of imprisonment for a term of 2 to 5 years.

The actions of a lawbreaker will be qualified as leaving a person in danger. As of 2019, the Code of Administrative Offenses does not include fines for irresponsible behavior after an accident.

The fact of escaping after an accident is a violation of traffic rules. Violators of the law face administrative liability - deprivation of a driver's license for 1-1.5 years. Administrative arrest for 15 days is also used to punish the driver.

If the driver was under stress and failed to notice the consequences of his actions in time, the punishment is mitigated. The violation is not considered gross, given the complex psycho-emotional state of the participant in the accident. The intention to leave the scene of the accident is decisive. The driver deliberately violates Russian legislation.

If the judge does not see evidence of a crime, the case will be closed: this is often how issues related to the fact that the driver did not see how he hit someone else’s car are resolved.

Controversial cases are considered in more detail. The punishment is influenced by the condition of the motorist. Guilt is aggravated by alcoholic and drug intoxication. The state of passion softens punishment. If the driver first ran away, and a few days later confessed to his crime, he has the right to avoid the most severe punishment.

With minor

Article 12 of the Code of Administrative Offenses regulates the form and severity of punishment. The very concept of an unintentional offense is absent in legislative acts, but they contain many mitigating circumstances. The lowest rates of punishment are for minor damage to the damaged vehicle.

The scale of the incident is decisive. There was an accident, but the amount of damages was minimal. To confirm the data, an additional, independent examination is carried out.

The victim and the culprit will find out the exact amount of losses - in most cases the culprit is only given a verbal warning, and he will compensate for all losses.

Every mitigating circumstance is important in a case. If the driver managed to escape, but the injured party does not put forward additional demands, standard compensation for losses is carried out by agreement of the parties. Minor damage suggests that only the vehicle was damaged.

With the victims

If both the car and the person were injured as a result of the accident, then the crime moves to another category. A driver who leaves the scene of an accident without providing first aid to the victim only aggravates his situation.

Evidence of wrongdoing will not be required. The main evidence is the testimony of the injured party.

The fact of leaving the scene of the accident to help the victim works to the advantage of the culprit. He will not face additional charges. The behavior of the culprit affects the period of confiscation of the car and the period of deprivation of a driver's license.

confession, repentance;
voluntary surrender - the culprit himself called the traffic police, cooperated, and helped the victims;
assisting the investigation;
compensation for all material damage;
evidence that the culprit was in a state of passion;
special status of the driver - a minor, a pregnant woman.

The legislation does not provide for complete removal of liability, because there is a victim, his interests are higher. If, as a result of the accident, it was possible to hit other cars, compensation is calculated for all vehicles: an additional independent examination is carried out, and the car is sent to the gas station.

Fatal

The most severe case is if one of the victims died as a result of the accident. A fatal outcome in itself is an aggravating circumstance.

If the driver does not want to bear responsibility and runs away from the scene of the accident, he himself aggravates his situation. Surrendering voluntarily is the first, most significant step of the culprit of an accident.

The runaway driver is put on the wanted list, and as soon as he is found, he is taken into custody. He will not be released before the trial to avoid escaping again. It is very difficult to prove the unintentionality of actions after an escape. The term of imprisonment will be maximum.

All participants left the scene of the accident

The articles of the Code of Administrative Offenses are the same for everyone: the victim and the culprit who left the scene of the accident are violators of the law. Mutual escape does not mitigate the guilt and responsibility of the parties.

The victim has the right to leave the scene of the accident only for health reasons. If a citizen is not physically injured, he is obliged to remain in place.

Another case is if the drivers first came to an agreement, and later one of them made a claim. He called the traffic police officers and drew up a report.

The second participant is automatically the one who left the scene of the accident. To prevent a dangerous moment in the future, the agreement of the parties is documented with signatures and confirmation of witnesses.

What to do if you left the scene of an accident without noticing damage

Unintentional leaving the scene of an accident when a traffic violation was not noticed is proven by certain circumstances: the unfounded statements of the culprit are not taken into account.

The owner of the vehicle is obliged to prove that due to weather conditions there was poor visibility, and that due to the insignificance of the accident there was no suspicious sound. Unintentional and willful violations have virtually the same penalties. If someone else's car was scratched, you will have to pay for its repair.

What happens if you flee the scene of an accident without knowing that you hit a car?

Leaving the scene of an accident often ends with a verbal warning. The determination of punishment is influenced by the proceedings themselves, as both parties agree.

If the victim is ready to accept compensation for damage without additional claims, the case is often closed.

Judicial practice of unintentionally leaving the scene of an accident

A common judicial practice is to determine punishment based on accompanying conditions. Unintentionally leaving the scene of an accident must be proven, which is very difficult to do.

Minor damage partially serves as evidence that the driver did not notice it. Recording damage - video, photography serve as additional evidence of how the culprit behaved after the incident. The court makes a decision based on the totality of the circumstances.

Accidents with consequences require punishment. If the driver hits the car and runs away, he makes his situation worse. Absence at the scene of an accident, its consequences entail punishment - up to 15 days of arrest and deprivation of rights for 1.5 years.

The at-fault party and the injured party share the same responsibility for fleeing the scene of the accident. In both cases, you should wait for the traffic police officers.

Fine for leaving the scene of an accident in 2019

By leaving the scene of a car accident, the driver commits a serious offense. The amount of punishment is determined taking into account all the circumstances. This may result in both administrative and criminal liability. In what cases does a violator face a fine for leaving the scene of an accident, in what cases are there more serious sanctions, and when is leaving the scene of a collision considered acceptable? We'll tell you in the article.

Definition of an accident

In order for the driver’s departure to be considered leaving the scene of an accident, the incident must fall within the definition of a “road traffic accident” (Federal Law of December 10, 1995 N 196-FZ “On Road Safety”, Article 2).

In other words, three conditions must be met:

direct participation of the vehicle (contact) in the accident. Thus, if an object is thrown from a car window at a cyclist or a walking person, this is not an accident;

causing any damage, for example, to property, transport, cargo, structures, as well as life or health of people;

the incident occurred while the car was moving. The fall of a person or object onto a standing vehicle is not classified as an accident.

The situation is not considered a traffic accident if at least one of the conditions is not met. The departure of the car in this case does not fall under the scope of the article “Leaving the scene of an accident.”

If all the conditions are met, and the participant runs away from the scene of the accident, this is considered a serious offense, so the punishment is determined by the court. The traffic police inspector cannot make a decision on deprivation of rights or detention. His task is to find out as accurately as possible all the circumstances of what happened, prepare materials, documents and submit them to the court for consideration.

The same applies to the situation when there is an accident with victims. The degree of responsibility for the escape is determined in court and based on the results of the investigation.

What punishment is provided by law?

The Code of Administrative Offenses (CAO RF) is the main document defining responsibility for “driving away” from the scene of an accident. According to Part 2 of Article 12.27 of this regulation, leaving the scene of an accident by a participating driver is punishable by:

administrative arrest for up to 15 days;

or deprivation of the right to drive a car for a period of 1 to 1.5 years.

Thus, the law does not provide for the imposition of a fine for escaping from the scene of an accident, only imprisonment or deprivation of a driver's license. But depending on the specific situation, other options are possible:

If the driver fled the scene of the accident, but then changed his mind and returned (before the traffic police arrived), such a violation falls under another paragraph of Article 12.27 of the Code of Administrative Offenses of the Russian Federation. In this case, a fine of 1000 rubles will be imposed on the offender (Part 1). Arrest or deprivation of rights does not apply to violators who have come to their senses.

If people were injured in the incident, that is, they received injuries of varying degrees of severity, then leaving the scene of an accident is considered a criminal offense, and punishment for it will follow in accordance with the Criminal Code of the Russian Federation (Article 125 “Leaving in danger”). Sanctions may be as follows:

up to 1 year in prison;

up to 3 months of arrest;

a fine in the amount of 80 thousand rubles up to the income of the culprit for 6 months;

community service for a total of up to 360 hours;

forced labor for up to 1 year.

Leaving the scene of a traffic accident with injuries is classified as a criminal offense. If there are no wounded, the violation is considered administrative and is punishable in accordance with Part 2 of Article 12.27 of the Administrative Code.

The rules apply equally to the injured party and the culprit of the accident, so the responsibility for leaving the scene of an accident lies with them equally. It is in the interests of both participants to document the incident according to the regulations. To do this, you need to call the traffic police officers or (if there are no disagreements) register the accident yourself (with drawing up a diagram, identifying the culprit and signatures of both drivers). Otherwise, deprivation of rights or arrest may be applied to both the offender and the victim.

Another important point: if the culprit of the accident left the scene of the accident, the insurance company has the right to demand reimbursement from him for the expenses incurred by it (in the amount of compensation paid to the injured party).

Driver's responsibilities in case of an accident

A fine of 1,000 rubles can be collected from a driver who violates the traffic rules for actions after an accident. The correct behavior should look like this:

stop the car in the position it was in after the accident, do not move or remove objects related to the accident;

turn on the emergency lights;

place warning triangles at the correct distance from the vehicle;

find out if there are victims;

if there are victims, call the traffic police and doctors, if possible, provide first aid yourself, send or take the wounded to a medical facility, if necessary.

However, there are a number of exceptions, also specified in the traffic rules.

When is it permissible to leave the scene of an accident?

The rules regulate a number of situations when the driver is allowed or required to leave the scene of an accident:

If no more than 2 cars were involved in the accident, damage was caused only to the vehicle, and there were no casualties. Also, both participants must have a valid MTPL policy. In this case, drivers have the right to file an accident on their own (by recording the diagram of the incident, identifying the culprit and the damage). If there are no disagreements, they must come with completed and signed papers to the nearest traffic police department.

If there is no other way to deliver the victim to the hospital other than in the car of the participant in the accident. Then you are allowed to leave the scene of the collision, take the wounded person to a medical facility, there provide the number of your vehicle, your last name, then return back. The accident site must first be photographed or videotaped. If the regulations are followed, there will be no punishment for such absence.

If the colliding cars completely block traffic on the road. Then drivers must record in detail and accurately all the circumstances of the accident on a photo or video camera, write down the names, addresses and telephone numbers of witnesses. After this, cars should be removed from the roadway and wait for the arrival of traffic police officers.

If there is an accident without injuries, and the participants have agreed that the guilty party will pay off the damage on the spot. In this case, it is necessary to issue a receipt confirming the absence of mutual claims.

If in these situations everything is completed correctly and all requirements are met, then there will be no punishment for leaving the scene of the accident.

When is it prohibited to leave the scene of an accident?

You cannot leave the scene of the collision until the traffic police arrive, regardless of the absence or presence of victims. The only exceptions are those cases described above.

However, there are situations when it seems that leaving does not threaten the driver. As a rule, this is not the case. Most often, problems arise in the following cases:

The person responsible for the accident left the scene of the collision. If the damaged car also leaves, then the offender can subsequently contact the traffic police and report the damage. In this case, it will be difficult to prove that you are right.

The participants in the accident “verbally” agreed on the absence of claims, without issuing a receipt, without recording the damage and the diagram of the accident in accordance with the rules. In this case, it is possible that one of the participants will return to the scene of the collision and call the traffic police, accusing the second of fleeing.

There was a collision with a pedestrian, and he fled. Subsequently, the injured person can file a complaint with the traffic police. Then the driver who gets away may lose his license or go to jail.

The car was dented in the parking lot, the culprit disappeared. In this case, the driver who damaged the car can contact the traffic police and shift responsibility for the accident to the injured party.

If any of the above situations arise, the driver should remain in place and report the incident to the traffic police. It is important to document in writing and thoroughly the fact that there are no claims between the parties to the accident. This will help you avoid being arrested or having your driving privileges revoked.

Didn't notice the accident? Prove it

The fact that the culprit did not notice the accident may be a mitigating circumstance (for example, in case of bad weather conditions or very superficial touching of the vehicles). However, it is quite difficult to prove your ignorance in court. But if the damage is minor, there is a chance.

This will not help you avoid responsibility completely. If the culprit proves that he unintentionally left the scene of the “accident” or voluntarily contacts the traffic police and admits his guilt, the punishment may be limited to a fine of 1,000 rubles.

If it is not possible to convince the court that the departure was unpremeditated, then the punishment will be imposed in accordance with the Administrative Code. The violator faces imprisonment for 15 days or deprivation of rights for a period of 1 to 1.5 years.

Sometimes drivers count on the possibility of escaping from the scene of an accident being an excellent chance that will allow them to avoid liability. However, you need to understand that almost every car now has a DVR installed, and the roads are equipped with surveillance cameras. The likelihood of going unpunished is very low. Running away will only add to the guilt and make the situation worse. If an accident does occur, you need to act in accordance with the rules and contact an experienced lawyer to help in legal proceedings.

What liability can result from leaving the scene of an accident in 2019: legal advice on how to avoid punishment

An accident is a serious blow to the emotional state of the driver. Very often, motorists who collide with other cars or hit a person walking are in a state of shock. The result of this condition is rash actions, such as leaving the scene of an accident, which is a violation that threatens serious consequences.

Leaving the scene of an accident - what does this term mean?

The term “leaving the scene of an accident” must be understood as a violation of traffic rules, consisting in the unlawful departure of a motorist involved in an accident from the place where the incident occurred.

To have an idea of what the offense is, you need to know how the law interprets road accidents. In accordance with the norms of the law, an accident is considered to be an event that occurred during the movement of a car and with its participation, the result of which is the death or injury of people, damage to cars, structures, cargo or any other damage.

As for accidents that occur with moving cars, sometimes motorists who are not the culprits of the incident and do not have any claims against the other driver who caused the accident leave the scene of the incident. In such a situation, the culprit of the incident may remain waiting for the traffic police inspectors in order to obtain the documentation necessary for the insurer to compensate for the damage caused by the collision of his car, while the other (innocent) participant in the accident leaves the scene. Such behavior is erroneous and can also be regarded as illegally leaving the scene of an accident.

There are situations when motorists do not pay due attention to an incident that occurred on the highway, which can be interpreted as an accident, and continue driving as if nothing had happened.

What liability does a citizen face for leaving the scene of an accident?

The law interprets the departure of a citizen from the place where the accident occurred as a committed administrative violation. Responsibility for leaving the scene of an accident is provided for in Part 2 of Article 2.27 of the Code of Administrative Offenses of the Russian Federation. If a motorist decides to leave the scene of an accident, punishment for this can be applied in the form of administrative arrest for up to 15 days or deprivation of the right to drive a car for 12 to 18 months.

Drivers need to remember that the law provides for punishment not for fleeing the scene of an accident, but for leaving it in case of violation of traffic regulations, which in most cases prescribe to wait for the arrival of State Traffic Inspectorate officers at the scene of the incident. At the same time, even the fact that the motorist, without the intent to escape, provided the other driver involved in the accident with all his data or independently came to the police to document the incident may not protect him from punishment. This situation is explained by the fact that the offense, which involves depriving a citizen of the right to drive a car, was committed at the moment when he was leaving the scene of the incident.

Separately, it is worth mentioning the situation when the culprit of the accident fled the scene of the accident, in which damage was caused to the health of citizens. The actions of a motorist who caused serious damage to the health of another citizen and did not provide assistance to the victim, having the opportunity to do so, are qualified as a violation of Article 125 of the Criminal Code of the Russian Federation.

In what situation is it not prohibited to leave the scene of an accident?

There are a number of exceptions to the rule prohibiting drivers from leaving the scene of an accident. In particular, clause 2.6 of the traffic rules provides that if, as a result of an incident that occurred on the road, there are no injured citizens, motorists, subject to the same assessment of the circumstances of the accident and the preliminary drawing up of an accident diagram, can leave the scene of the incident in order to independently arrive at the police or to the nearest traffic police post to document the incident.

Citizens are also given the right to leave the place where the accident occurred, provided that the damage was caused exclusively to their cars or their other property, and they have no mutual claims and no need to complete documentation. In such a situation, motorists are recommended to draw up a written receipt in which they are required to confirm the mutual absence of the need to register an accident.

The law also provides for a situation where a motorist must temporarily leave the scene of an accident. If events develop in such a way that as a result of the incident there are people in urgent need of medical care, and there is no opportunity to call an ambulance to the scene or send the victims to a medical facility in passing cars, the motorist is obliged to deliver the injured to the hospital in his car , and then immediately return to the previous place. At the same time, before leaving the place where the incident occurred, the motorist is required to record the location of vehicles on the route, all objects and traces of the accident, and also take measures to preserve them. In addition, before leaving with the victim to the hospital, the motorist is obliged to organize a detour on the road for other cars.

The period during which the violator is held accountable

The law treats the driver leaving the place where the accident occurred as an administrative violation. The case is considered by the court. Therefore, on the basis of Part 1 of Art. 4.5 of the Code of Administrative Offenses of the Russian Federation, the limitation period for this type of offense should not be more than three months from the date of the incident. If during this period of time the court does not make a decision, there is no reason to hold the citizen accountable and deprive him of his driver’s license.

Is it possible to avoid liability?

There are a number of ways that allow citizens who leave the scene of an accident to evade responsibility. Considering the fact that after three months have passed after the road incident, it is impossible to issue a decision on punishment, the motorist is recommended not to show himself to representatives of the State Traffic Inspectorate during this period. However, in a number of cases, the search for participants in the accident is carried out not only by employees of the State Traffic Inspectorate, but also by persons injured as a result of the incident. Often such searches turn out to be much more effective than the work done by inspectors.

At the same time, if the motorist who left the scene of the accident was still able to be identified, and he received a notification about the need to appear at the traffic police department to investigate the incident, the driver still has a chance to evade punishment. You should not immediately give up and run to the traffic police, since in case of minor damage caused to cars, sending out notifications is an ordinary formality for traffic inspectors. Therefore, there is a high probability that no one will seriously search for the motorist who ignored the notification.

In addition, not all is lost even when a citizen receives a subpoena. It is important to remember that the case of leaving the scene of an accident can only be considered in the presence of the culprit. If he fails to appear in court without a good reason (in particular, illness), the motorist may be subject to fines, the maximum amount of which is 5 thousand rubles, and the hearing of the case is postponed to a later date. If the motorist fails to appear at the court hearing, having ignored the repeated notification, the citizen may be forced to appear in court. At the same time, if the driver manages to delay time by waiting until the end of the three-month period from the date of the incident, the administrative violation case will be closed without the court issuing a punishment order. However, trying to delay the deadline only makes sense if the incident does not cause harm to the health of citizens. In addition, it must be taken into account that within three years after the incident, the injured party may demand compensation for material and moral damage from the driver responsible for the incident, and the insurer, within a three-year period, has the right to file a recourse against the motorist for concealment.

There is a likely situation when a citizen may be stopped by State Traffic Inspectorate officers and declared that his car is wanted after the statute of limitations period has passed. This happens when the car data has not been removed from the wanted car database. Considering the fact that only the traffic police has the right to remove a vehicle from the wanted list, the driver must visit the State Traffic Inspectorate and submit an application to remove his car from the wanted list due to the expiration of the limitation period.

It is also possible to avoid punishment if the motorist manages to convince the judge that his actions were not intentional. However, this method is quite complicated.

The driver can also seek dismissal of the case due to insignificance. In this situation, the judge terminates the administrative process, based on the fact that the actions of the guilty person could not cause significant damage to society and the state. If there is minor damage to the car belonging to the victim, as well as in the absence of any claims on his part against the motorist who caused the accident, the court may decide that severe punishment should not be applied to the person responsible for the accident and dismiss the case.

An agreement with the victim, who must not identify the motorist who caused the accident, will also help avoid punishment. This method is one of the simplest and safest. However, the culprit of the incident must begin to act before he comes to the traffic police department for analysis of the incident, having previously agreed on everything with the victim. Having reported that he does not recognize either the driver or the vehicle belonging to him, the citizen injured in the accident must submit a written application to terminate the administration. Based on this statement, the car of the person who caused the accident will be removed from the wanted list. This option also has an obvious advantage - the motorist will not have to pay the recourse claims that insurers impose on the escaped culprits of accidents.

If the scene of the incident is left by the citizen unintentionally

A citizen's leaving the place where the incident occurred may be considered unintentional in a situation where the motorist, due to certain factors, was unable to notice that an accident had occurred. Such reasons may include the following:

poor visibility on the highway due to difficult weather conditions;
high volume of music playing inside the car, due to which the motorist was unable to hear extraneous sounds;
the insignificance of the incident, not accompanied by grinding, knocking and other similar sounds;
other factors.

Conclusion

Regardless of whether the citizen is to blame for the accident or, conversely, acts as an injured party, it is not recommended for the motorist to leave the scene of the incident. An exception to this rule are incidents in which there are no injured persons, and both drivers interpret the event in the same way. In particular, motorists do not need to wait for State Traffic Inspectorate employees if they have made a mutual decision to register the incident according to the European Protocol or do not have mutual claims, and also do not need to complete documentation. In addition, a citizen can temporarily leave the scene of an accident in a situation where people were seriously injured as a result of the collision, and there is no possibility of calling an ambulance or sending the victims to a medical facility on a ride.