What is considered serious harm to health in an accident?

Causing grievous bodily harm in an accident

Accidents on city or country roads are phenomena that cause injury to any of the participants in the accident (driver, passenger, pedestrian). Injuries sustained during an accident can vary in severity. And the most life-threatening injuries for victims are severe injuries.

Criteria for serious harm sustained in an accident

The degree of serious harm caused to health in an accident is classified by a medical institution worker during an examination of the victim. He does this based on the following signs found in the victim:

mental disorder;
abortion;
facial disfigurement that can only be corrected through surgery;
loss of an organ or decrease in its functionality;
complex fracture causing loss of ability to work;
a condition in which the victim may die if he is not provided with medical care (severe bleeding, coma, painful shock);
severe burn of body parts;
damage to a large blood vessel;
closed injury to an internal organ;
penetrating wound of the pelvis, abdomen, chest;
spinal cord or spine injury;
wound of the neck, head.

Liability in case of an accident

The resulting liability of the guilty party in an accident can be of three types: administrative, civil, criminal. Each type of liability occurs depending on the consequences of the accident.

Criminal liability occurs in the event of death or serious bodily injury to the victim. The main sanction applied to a guilty citizen is imprisonment for the period prescribed by law.
Administrative liability occurs in the event of mechanical damage to a vehicle and bodily injury to a person. In this case, the harm caused to health should not be classified as serious bodily injury in an accident.
Civil liability arises in a situation where during an accident only the car is damaged, but no people were injured. In this case, a sanction is applied to the perpetrator in the form of compensation for the material damage caused.

Punishment for actions leading to an accident

The law provides for punishment for persons found guilty of road accidents. It will be different if the culprit is a pedestrian or a driver.

Punishment for the guilty pedestrian

For a pedestrian who, through negligence, is guilty of an accident, Article No. 268 of the Criminal Code of the Russian Federation provides for the following punishment:

imprisonment for 2 years, arrest for 120 days, 2 years of forced labor, restriction of freedom for 3 years (punishment option is determined by the court) - if, as a result of an accident, the victim’s health was seriously harmed (clause 1, article 268 of the Criminal Code of the Russian Federation);
deprivation or restriction of freedom, forced labor for a period of up to 4 years - punishment is applied if the injured citizen died as a result of an accident (clause 2, article 268 of the Criminal Code of the Russian Federation);
imprisonment for seven years or forced labor for five years - this is how the guilty pedestrian is punished if there are 2 or more deaths among the victims (clause 3, article 268 of the Criminal Code of the Russian Federation).

Punishment for the guilty driver

The driver of a motor vehicle who is at fault in an accident with serious injuries incurs criminal liability. Within the framework of liability, the punishment provided for in Article 264 of the Criminal Code of the Russian Federation is applied to the perpetrator:

three years of restriction of freedom, two years of forced labor with a ban on engaging in a certain type of business or holding high government positions for three years, 6 months of arrest, two years of imprisonment (the punishment option is determined by the court) - these types of punishment are applied to the driver who provoked an accident with serious injuries (clause 1, article 264 of the Criminal Code of Russia);
4 years of arrest and three years of prohibition from engaging in a certain type of business and holding high positions in government agencies, 3 years of forced labor - the punishment is applied to the guilty driver who was intoxicated at the time of the accident with serious injuries to the victims (clause 2, art. 264 of the Criminal Code of Russia);
5 years of detention with loss of the right to hold high positions and carry out certain business activities for 3 years, 4 years of forced labor - these punishments are applied to the guilty driver who committed a fatal accident (clause 3, article 264 of the Criminal Code of Russia) ;
7 years in custody with a ban on holding a high position for 3 years - applies to the perpetrator who was intoxicated and committed an accident, as a result of which the victim lost his life (clause 4, article 264 of the Criminal Code of Russia);
7 years of imprisonment with a ban on holding a high position for three years or 5 years of forced labor - applies to the culprit who committed an accident in which at least two people died (clause 5, article 264 of the Criminal Code of Russia);
from 4 to 9 years in custody and a ban for three years from engaging in certain types of activities, as well as holding high positions in private or public organizations - applies to the perpetrator who was intoxicated at the time of the accident with several dead victims (clause 6, Article 264 of the Criminal Code of Russia).

Statute of limitations

If the injured party suffered serious injury in an accident, but did not immediately file a claim in court for compensation for the damage received, she can do so later. This possibility is provided for by the Civil Code of the Russian Federation.

Paragraph 1, Article 196 of the Civil Code states that the limitation period is three years. Paragraph 2 of the same article establishes that the statute of limitations cannot exceed more than 10 years.

Attention: Article 208 of the Civil Code states that the statute of limitations does not apply to claims for compensation for material damage for an action that caused the victim to receive serious injuries. And the amount of compensation cannot be more than the funds spent on treatment and recovery from serious injuries by the victim for three years before filing a lawsuit.

Compensation

Citizens who have been seriously injured in an accident have the right to receive compensation payments. They can demand compensation for damage received from several individuals and organizations:

RSA (Union of Auto Insurers of the Russian Federation) - if the guilty citizen does not have insurance;
insurance company - on the basis of clause 1, art. 18, Federal Law No. 40 dated April 25, 2002;
guilty citizen - if the insurance payment did not cover the amount of damage incurred.

To receive compensation, the injured party will need to prepare the following documents:

a certificate indicating the amount of lost earnings due to injury - issued by the organization where the victim works;
a receipt confirming payment for medications or services received at the medical institution;
conclusion of an expert from a medical institution on the level of disability;
checks confirming funeral expenses - if any of the victims of the accident died.

Law No. 40 “On Compulsory Motor Liability Insurance” (clause 2, article 19) establishes the amount of possible compensation – up to 500 thousand rubles, in case of serious injuries. And clause 7, art. 12 of the same law provides for compensation for costs incurred for the burial of a person who died from serious injuries received as a result of an accident.

Moral damages for serious bodily injury in an accident

A person who has been seriously injured as a result of an accident has the right to receive compensation for moral damages. This right is provided for in Article 1100 of the Civil Code (paragraph 2).

The injured party may claim compensation for moral damages in the following cases:

a person who has received a serious injury has partially or completely lost his ability to work, which has caused long-term depression;
the injuries received by the victim are not completely eliminated after the course of treatment;
the victim, after the accident, developed a mental illness or his psychological state was disturbed;
an injury sustained in an accident regularly causes the victim severe physical pain (spinal injury);
During the accident, the person who took part in the incident died - in this case, close relatives of the deceased receive compensation for moral damage.

The amount of compensation for moral damage is determined by the judicial authority. On average, it can fluctuate between 50-500 thousand rubles (as of 2019).

Reconciliation of the parties

Reconciliation of the parties is the best opportunity to avoid criminal liability, provided for in Article 76 of the Criminal Code. To achieve reconciliation, you will need to draw up a document in which the culprit admits guilt in the accident.

Reconciliation of the parties is possible if the parties to the accident fulfill several conditions:

the guilty party did not commit the crime intentionally;
the guilty person became a participant in an accident for the first time with serious consequences for the health of the injured party;
affected citizens agree to reconciliation;
the physical injuries inflicted are classified as mild or moderate;
the guilty citizen made amends to the victims - compensated for moral damage, paid for treatment.

Reference. Reconciliation of the parties occurs according to the following algorithm:

The guilty party turns to the victim in an accident with a request to conclude a settlement agreement.
The victim agrees to reconciliation and indicates the desired amount of financial compensation.
The parties to the accident draw up and sign a document.
The culprit pays the victim the agreed amount.

Conclusion

In a situation where there is an accident with serious injuries, the following points should be highlighted:

the degree of serious injury is determined by a medical professional;
for the perpetrator of an accident, criminal liability arises if the victim is diagnosed with serious injuries or death;
the injured party has the right to compensation for moral damages and costs incurred during the treatment period;
with the consent of both parties, it is possible to sign a reconciliation agreement.

If you need the help of a qualified lawyer in an accident with serious consequences, contact the Society for the Protection of Motorists' Rights. Our lawyers will help in any circumstances.

Causing harm to health in an accident

Road accidents, unfortunately, have become an integral feature of cities. They pose a real threat to the life and health of both drivers and pedestrians.

The car is defined as a source of increased danger , so the driver bears responsibility for accidents. Before getting behind the wheel, he should check that all systems are working properly.

After all, for causing harm to health in an accident, the law provides for liability up to criminal liability.

How is severity determined?

Causing harm to health as a result of an accident entails trouble for the injured persons and the driver who was driving the car.

Various situations may arise on the road, and the ability to avoid an accident is not always entirely up to the driver. There are many factors that lead to an accident :

intoxication;
lack of rights;
car malfunction;
driver's health condition;
violation of traffic rules;
inattention and so on.

Every time a driver, while driving, runs the risk of unintentionally causing harm to the health of another person. In any case, he will be to blame for the accident.

However, the severity of the punishment will be minimal if he could not have avoided the accident . First things first.

There are only 3 types of injuries that participants in an accident on the road can receive:

Separately, there are cases where there is death. The severity of injuries caused is determined by a forensic medical examination.

The forensic expert examines the victim, records anatomical and physical injuries, and assesses the mental state.

There are certain criteria that help determine the nature of injuries:

the impact of injuries on later life;
duration of ill health;
impact of damage on work ability;
loss of any organ, cessation of functioning of the organs of hearing, vision, speech;
inability to continue professional activities.

Each of these criteria creates a certain degree of severity of harm caused to health. The full list is contained in the order of the Ministry of Health of the Russian Federation dated October 24, 2008 No. 194 .

Types of degrees

Determining the severity of the harm helps to punish the culprit and help the victim. The perpetrator may be brought to both administrative and criminal liability.

Causing minor harm to health in an accident is regulated by Art. 12.24 Code of Administrative Offenses of the Russian Federation . According to this article, minor harm means a short-term impairment of health and short-term loss of ability to work.

Signs of minor harm include:

minor concussion;
loss of ability to work from 1 to 20 days;
disruption of the functioning of body systems and organs lasting up to 3 weeks.

Causing harm to health of moderate severity in an accident is regulated by the same article of the Code of Administrative Offences. Signs of this type of damage are:

long-term but not dangerous health impairment (more than 21 days);
permanent disability of one third;
moderate concussion.

The situation is much more serious with the infliction of serious harm or death of one or more persons. Proceedings are initiated and an investigation begins.

If a forensic expert determines that serious injuries were caused due to negligence, then Article 264 of the Criminal Code of the Russian Federation will be applied to the accused .

If intent is proven, the sentence is imposed under Art. 111 of the Criminal Code of the Russian Federation .

Causing serious harm to health in an accident is characterized by the following injuries:

persistent loss of ability to work (more than 120 days);

penetrating head wound;

fracture of the skull, occipital and facial bones;

intracranial injury, hemorrhage, brain damage;

penetrating wound in the neck area;

spine fracture;

closed damage to internal organs and blood vessels;

rib fractures;

penetrating wound of the abdominal cavity;

loss of an organ or any organ function (vision, hearing, speech, arms, legs, etc.);

facial disfigurement that cannot be corrected;

abortion;

mental disorder.

Types of liability for damage caused to health in an accident

It is important to note that in this matter there is an opportunity not to apply punishment to the driver . It is necessary to distinguish between concepts such as “driver” and “car owner”.

For example, if the driver was the wife of the car owner, who was driving the car by proxy, she becomes the culprit of the accident. In this case, it is not she who compensates for the damage, but her husband as the legal owner of the car.

The owner is completely exempt from liability if the traffic accident was caused by the theft of a car, force majeure of natural or other origin, or the prior intent of the victim.

For example, a pedestrian was hit through his own fault. If an accident occurs due to a vehicle malfunction, the organization that performed the technical inspection is responsible for this.

For causing any harm to health in an accident, administrative and criminal liability is provided.

Minor harm to health is punishable under the Code of Administrative Offenses:

Fine from 2500 to 5000 rubles.
Deprivation of rights from 1 to 1.6 years.

Average harm involves liability in the form of:

Fine from 10,000 to 25,000 rubles.
Deprivation of rights from 1.6 to 2 years.

Then criminal liability begins. Severe punishment is provided for causing grievous bodily harm :

Drunk or negligent - imprisonment for up to 4 years, forced labor for up to 3 years without the right to engage in professional activities.
Road accidents resulting in death - imprisonment for up to 9 years without the opportunity to hold certain positions or engage in professional activities for 3 years.
If there was intent, the maximum penalty will be 15 years in prison.

Compensation to the injured party

To confirm the harm to health, victims must collect documents, including a certificate of the accident .

If damage has been caused to property , then documents will be required to prove ownership of it, the amount of damage caused and the costs of eliminating it.

In case of injury to health , the following factors are considered and provide for compensation:

full compensation of lost income, taking into account all types of profit of the victim (including business activities, work under civil and labor contracts, etc.);
reimbursement of actual treatment costs and additional costs (care, medications, sanatorium rehabilitation, etc.).

To receive compensation, victims must provide:

Documents about the amount of lost earnings due to the harm caused. Issued from work or the relevant institution.
Documents that confirm the costs of doctors' services and medications (receipts, checks, documents for payment of medical services, extracts from the medical history).
Conclusions of experts and medical institutions on the degree of disability.
Documents indicating funeral expenses if there was a death.

In addition, moral damages for causing harm to health must also be compensated. Moral harm is the moral and physical suffering of the victim, aggravating his condition.

The fact of moral damage is taken into account in parallel. Compensation for it depends on the level of harm caused and the consequences for the victim.

Moral damage also needs to be proven with the help of witness testimony and doctor’s reports.

Damage compensation procedure

The actions of the victim depend on whether the owner of the car has a compulsory motor liability insurance policy or not .

If insurance is available, the victim can turn to the insurance company or the person responsible for the harm for payments.

The at-fault driver is obliged to inform the victim about the details of the insurance contract . Next, the latter must provide insurers with documents about the accident, the amount of damage to health and the insurance payment.

The insurance company must review the application within 30 days and make a decision on payment or refusal. There is a penalty for late payments.

Payments under compulsory motor liability insurance for personal injury depend on the type of damage. By the way, if the MTPL policy was purchased after October 2014 and until 2019, then the largest payment amount will be no more than 500,000 rubles.

If the car owner’s liability to third parties is not insured or he himself is unknown, then the victims can contact the Russian Union of Auto Insurers to receive compensation.

also has the right to go to court with a claim for compensation for harm caused to health.

How to file a claim for damages

If the culprit refuses to pay compensation for damage caused to health in an accident, then you can sue. The statement of claim is written in any form .

The following package of documents must be attached to it::

a certificate of an accident drawn up in accordance with all the rules by traffic police officers;

an expert’s report, where he assesses the victim’s injuries;

checks, receipts that confirm treatment expenses;

certificates that determine the amount of income for the time associated with the accident.

Accidents happen every day. Therefore, the driver must always be careful on the roads.

For causing light, medium and severe damage to health, the law provides for liability up to imprisonment.

In addition, it is necessary to compensate the victim for all his medical expenses, lost income and moral damage. Be careful while driving!

Liability for grievous bodily harm in an accident

Accidents involving a vehicle can cause serious consequences for the health of its participants. If serious harm to health is caused in an accident, Article No. 264 of the Criminal Code of the Russian Federation provides for severe punishments for the culprit, including imprisonment for a long time. It is possible to receive a reduced sentence, but this requires meeting a number of conditions.

Basic definitions

If, after an accident on the road, a person is injured, as a result of which organs or parts of the victim’s body may cease to function, such consequences are called grievous bodily injuries sustained in an accident. The current order of the Ministry of Health of 2008 No. 194 contains a list of bodily injuries related to this group. Examples of injuries from this list:

significant injuries;
burns of a large area of the body;
fractures of the limbs, which can cause disruption of their function;
partial or complete loss of vision and hearing;
loss of organs or body parts;
other injuries with serious health consequences.

When a victim in an accident receives several types of injuries at the same time, the severity is determined by the most significant one.

Criteria for assessing severity

When investigating such accidents, a special examination is ordered with the involvement of medical personnel. During its implementation, it is established:

resulting in injuries;
the degree of loss of performance of each of the victims.

A medical expert, who is a member of the commission, records all injuries received and establishes the presence of psychological disorders in the victim. The above order of the Ministry of Health makes it possible to classify injuries received by a person according to the following parameters:

how the resulting injuries can affect a citizen’s life;
whether the injuries may affect the victim’s performance;
the time it takes a person to fully recover from injuries;
percentage of hearing loss, vision loss and other sense organs;
loss of body parts or internal organs.

Which article regulates

If serious bodily injury was caused in an accident, the culprit will be held criminally liable. For serious harm caused to health during an accident, Article No. 264 of the Criminal Code of the Russian Federation provides for various penalties. It includes 6 parts and two additional notes. Each part determines the punishment for the crime committed, which has its own characteristics.

The first part establishes the types of offenses, without aggravating circumstances. The second part of this article defines the types of offenses with aggravating circumstances. One of them is the driver being drunk while driving. Parts 3 to 5 of Article 264 establish penalties in the event of the death of one or more persons as a result of an accident.

Note No. 1 explains that liability under this article may arise not only for the drivers who drove the car, but also for any other vehicles.

Note No. 2 says the following: if a dose of alcohol is detected in the driver’s blood that exceeds the established minimum limit, this is interpreted as driving a vehicle while intoxicated. The same note contains an explanation that punishment under this article must be applied to persons who committed an accident while under the influence of narcotic drugs and for those who did not undergo a medical examination to determine the alcohol content in the body.

Corpus delicti

If grievous bodily harm was caused in an accident, Article 264 establishes a specific corpus delicti.

When an accident occurs, which results in significant damage caused to a person, the object of the crime will be a violation of the current traffic rules, which are a prerequisite for the safety of society. In this case, an additional object of the crime is established in the form of a threat to human life, health and safety.

The object of the violation committed is a car or other mechanical vehicle. These do not include self-propelled mopeds and similar vehicles. If such vehicles are the subject of the offense, then such an act is qualified under Article 268 of the Criminal Code, parts 1 and 3.

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The subject of the crime in question cannot be a vehicle that does not have an engine that drives it. The objective side of an accident in which a citizen suffered serious harm to health includes violation of traffic rules or the operation of the subject of the crime. The subjective side of this violation includes causing harm to health as a result of the driver’s careless actions. If it is established that this accident occurred due to the direct malicious intent of the driver, then such an act will be classified as a crime committed against the person.

The subject of the crime in question is a citizen who simultaneously meets the following characteristics:

capable;
age over 16 years;
the driver of the vehicle that caused the accident.

In this case, it is not necessary to have a valid driver's license. A citizen who has caused an accident causing serious harm to health may not have a driver’s license at all, or they may have been confiscated for committing other traffic violations.

Penalties applied

If the crime is classified under Article 264 of the Criminal Code, then the citizen who committed it will be given one of the punishments listed below.

Serious bodily injury in an accident and conditions for processing payment

Despite the constant improvement of the law by introducing amendments to it, the accident rate on Russian roads is not decreasing. Since moving ground vehicles pose an increased risk, the greatest damage is serious harm to health in an accident. Of course, this is better than the death of a person. Nevertheless, the severity of harm in an accident and the terms of payment require careful consideration.

What harm to health is considered serious?

There are certain regulatory documents that help determine the amount of damage caused. The severity is determined not only by the number and characteristics of the injuries themselves. The recovery period in days is also important, as is the state of the body at the final stage of treatment. Forensic experts divide physical damage in road accidents into three main types:

Light damage.
Medium (staying on ballots for 21 days or more).
Severe (staying on ballots for six months or more).

Attention! As a result of examining the victim, a forensic medical expert identifies his physiological injuries. Accordingly, the psycho-emotional state of the patient is taken into account.

Serious bodily harm is described in the medical reference book. The list is quite impressive, but here are a few points of frequently occurring injuries. Here is their list:

Loss of any organ, including loss of the ability to see, hear, speak, or think.
Persistent disfigurement of parts of the face.
Termination of pregnancy, as well as premature birth due to an accident, or miscarriage.
Sustained loss of a person’s ability to work – from 30% or more (disability).
Complete loss of professional suitability and ability to work – 100% (disability).
Getting a heart attack, thromboembolism, gangrene, impaired blood supply to the brain; pulmonary, kidney or liver failure as a result of a car accident.
Burns exceeding 30% of the skin for II degree and 15–30% for III degree.

How is the compensation amount calculated?

First, let's discuss compensation for moral damage by the at-fault driver. It is he and no other organization that compensates for this type of damage. Federal Law No. 142 of July 2, 2013 regulates the moral costs of the victim.

In the case where the initiator of the collision refuses to voluntarily cover moral costs, then it is appropriate to go to court. Reconciliation of the parties occurs when the guilty party voluntarily eliminates all the damage of the innocent party. The judge will consider the offender's degree of culpability, physical condition, earnings and marital status.

The physical losses of hit-and-run victims are usually dealt with in court. When causing serious harm, the following types of expenses are taken into account:

To restore health (medicines, medical procedures and other medical services).
For road transport needs related to this accident (trips to medical institutions, driving to clarify the circumstances of the accident, etc.).
Full coverage of lost earnings due to an accident, taking into account entrepreneurship or work under an employment or civil law contract.
Additional expenses that require payment.

The degree of guilt of the offender also affects the amount of compensation. Often, a car accident occurs due to reasons beyond the driver's control. These include factors such as:

ice, hail, snowstorm, rain, fog and other weather conditions;
poor visibility at night;
insufficient road lighting;
unsatisfactory condition of public roads;
forced violation of traffic rules in order to avoid facing more serious consequences;
mutual guilt, when the perpetrator of the collision partly becomes the victim.

It is important! The calculation of the amount of payment is based on Article No. 151 of the Civil Code of the Russian Federation.

Having current liability insurance after an accident is of great importance. In 2019, the maximum limit for covering damage to the life and health of each victim is 500 thousand rubles. Health damage exceeding the limit set by the state is replenished by the initiator of the collision.

The amount of compensation for damage to health as a result of an accident is determined according to the table. It contains a list of injuries and wounds received in accordance with the assigned amount to be paid. The presence of several injuries to one patient is summarized (No. 40-FZ “Law on Compulsory Motor Liability Insurance”).

Causing harm by negligence

Before driving, every car owner is required to check the technical condition of his vehicle. Any deviation from the norm, including lack of sleep or overwork of the driver, is punishable. A collision of two or more vehicles committed due to negligence leads to the initiation of a criminal case for an accident.

Firstly, causing harm through negligence to citizens (pedestrians, passengers) is regulated by the Code of the Russian Federation, Article No. 264, Part 1 of the Criminal Code of the Russian Federation. Secondly, damage caused as a result of a car malfunction is regulated by Article No. 24, paragraph 2. Part 1 of the Criminal Code of the Russian Federation.

Aggravating circumstances may include:

alcohol intoxication of the transport manager;
toxic or narcotic intoxication of the driver.

Punishment for causing serious injury

Punishment for causing grievous harm in an accident involves two types of liability - moral and criminal. The defendant's behavior before and after the car accident matters in determining the final verdict. The court's decision on serious harm may be any of the following:

imprisonment for up to 3 years;
confiscation of driver's license or forced labor for up to 2 or 3 years;
arrest up to 6 months;
imprisonment or imprisonment of the right to drive vehicles for up to 2 years.

The defendant's assistance during the conduct of the case and the preliminary investigation reduces correctional measures to 2/3 of the maximum value.

On a note! The malicious intent of the initiator established during the investigation is punishable by imprisonment for up to 15 years.

It should be understood that under the most difficult circumstances, the policyholder of the MTPL policy will have to go to the courts. It is the policyholder who is responsible for civil liability insurance of those persons who are allowed to drive the car. The owner of the car, who is not a car insurance policyholder, may not have a direct connection to what is happening if he was not involved in a car accident.

Accordingly, an expired MTPL policy or simply its absence relieves the insurers of all liability. In this case, compensation claims are presented only to the person at fault for the accident. Payment is made from the personal savings of the initiator of the accident, either voluntarily or through the court.

Limitation periods

The statute of limitations for retrial may vary. For example, moral damages do not have a specific measurement of time for re-filing a claim. In contrast, a statute of limitations of 3 years is established for those who have suffered physically or financially. This three-year period begins to apply from the date of the traffic accident.

A secondary consideration of the case can be “raised” if the amount of payment due does not fully cover the damage caused to the human body. Perhaps injuries incompatible with life led to the death of the participant in the accident, or other unclear issues arose. In any case, to file a claim, you will need all the documents presented for the first time.

Arbitrage practice

A clear example from judicial practice clearly demonstrates how legislation works, especially in relation to traffic police officers. Thus, the driver of a foreign car from a well-known company hit a curb at excessive speed. As a result of an erroneous maneuver, the car skidded into the traffic controller's location. A traffic police officer was seriously injured.

Despite the reckless driver's full admission of guilt and reimbursement of all pre-trial costs on his part, the judge imposed a severe punishment. Since the life and health of civil servants of law enforcement agencies are under special care, the culprit was sentenced to 4 years in prison.

Another example eloquently speaks about the responsibility that lies with the driver transporting cargo for an accident with injured pedestrians. Without conscientiously securing the transported cargo in the form of an oak beam, the driver of the car cat. “B” “Gazelle” indirectly caused severe injuries to pedestrians. One of them was an elderly woman who suffered a fracture in the hip area due to a beam falling onto the side of the road.

The victim filed a petition for reconciliation with the judicial authority. The Gazelle driver had no criminal record and took care of his two children. Taking into account numerous other mitigating factors, the court made the following decision:

deprive the culprit of his driver's license for three years;
pay a fine of 5,000 rubles.

Bodily injuries bring not only physical suffering, but also aggravate the mental state of the victim, which makes his situation almost hopeless. Therefore, it is extremely important for every motorist to think about the consequences of their careless actions on the roads.

Rules for determining the severity of harm to health

It will be useful for drivers to know what criteria exist for determining the degree of harm to health in an accident, and the regulations establishing this procedure. The damage to health and the amount of moral and material damage to the victim that will have to be paid depend on the specific degree.

What laws establish the order

Medical criteria for identifying the severity of health are established by Order No. 194n of April 24, 2008 of the Ministry of Health and Social Development of Russia. An attack on human health is considered to be a violation of physiology and integrity when causing damage. The amount of damage to health is calculated according to the severity of the harm. This indicator is determined by experts during the examination.

There are 3 degrees of severity:

They are established only during a forensic examination, regardless of the fact that the degree can be determined visually. This condition is established in the Criminal Procedure Code, Art. 196.

A forensic medical examination must be carried out without fail in the following cases:

Determination of the cause of death.
Determination of the nature and degree of harm to health.
Checking the physical and mental state if there is doubt about the person’s sanity.
When checking adult citizens for pedophilia who are suspected of sexual activity towards a minor.
Determining drug addiction in a suspect.
The state of the victim when there is doubt about the ability to testify.
When determining a person’s age if there are no documents.

To find out the degree of harm, the expert gives the answers:

Do the injuries threaten a person’s life, or can it cause death?
What could be the consequences of injuries?
Time period for loss of ability to work.
What is the percentage of loss?
Severity.

The degree of severity of health is explained in detail in special Rules issued in Decree of the Government of Russia No. 522 of August 17, 2007.

Medical criteria

They contain a list of injuries and conditions that are life-threatening. This is an aptly named disease, identified by characteristics. After examination and diagnosis, the expert calculates the nosological unit. It allows you to compare and identify the severity of harm to health.

The forensic expert uses the following rules:

To identify the severity of harm, one sign is enough. If there are several signs, then the most severe one is taken into account.
The time of damage is also taken into account. If this happened in different periods, then the assessment is made separately. When aggravated, different damages are taken into account together.

If doctors prevented the death of a person through their intervention, then the degree of severity is established without taking this fact into account. Next, we will analyze the types of damage to the human body according to severity.

Serious harm

If one of the following factors is present, then the damage is classified as serious:

The victim is unable to work.
Severe consequences.
A danger has been created for human life.
Threat to life.

In turn, life-threatening consequences are divided into groups:

Head contusion, severe wounds, spinal injuries, fractures, organ rupture.
The life of the victim is in danger, his body cannot cope without the help of doctors: shock, kidney and liver failure, large loss of blood, sepsis, purulent wounds.

Injuries that are not life-threatening, but contribute to serious consequences:

Loss of performance by 30% or more.
Irreversible skin damage.
Abortion.
Substance abuse, drug addiction.
Mental disorders occurred as a result of the injuries.
Loss or dysfunction of organs.
Loss of speech, vision or hearing.

The following factors include dangerous harm:

mental disorder;
hearing, speech, vision or organ loss;
blood loss;
coma, shock, burns;
damage to large blood vessels;
bone fractures;
organ damage;
cranial trauma.

How is average harm determined?

If a person has moderate injuries, then the consequences are not fatal, and there is also no danger of severe conditions:

Damage to health for a long time (more than 21 days).
Efficiency is lost by 10 to 30%. It is determined according to the table that can be found in the “Medical Criteria”. For example, loss of visual acuity.
Disruption of systems and organs is temporary.

Definition of mild

In this case, there are two types of factors:

Efficiency is lost by no more than 10%.
The health impairment lasted up to 21 days.

Blood leaks, skin wounds and abrasions that do not cause loss of ability to work are not considered harmful to health. Both a corpse and a living person, as well as documents: medical reports and other materials, can be sent for examination.

Only original medical reports indicating complete data on the type of injuries and other information necessary for conducting a forensic examination are accepted for registration.

Now it’s time to find out how the degree of harm to health in road accidents is determined.

How will a driver be punished for causing harm in an accident?

The severity of the harm will be determined by a forensic expert. When deciding on the type of punishment, the condition of the victim, aggravating and mitigating circumstances, and the behavior of the person responsible for the accident are taken into account. If he helps the victim and tries to make amends, this will soften his consideration.

For grievous bodily harm, the culprit driver may be punished by:

A person died due to negligence. The most severe penalty is 5 years in prison. But they may be prohibited from engaging in certain activities for 3 years, or sentenced to up to 4 years of forced labor.
A person died due to the actions of the culprit, who was drunk. This is deprivation of engaging in certain activities, positions for 3 years, or from 2 to 7 years of imprisonment.
If, as a result of the actions of a drunken culprit, more than 2 people died due to negligence, then he faces deprivation of the right to work in a certain place or hold a position for 3 years, as well as from 4 to 9 years of imprisonment.
More than 1 person died due to negligence. In this case, the following types of punishment are threatened: 7 years of imprisonment, deprivation of a position or the right to a certain job for 3 years.

The legislation defines more lenient types of punishment for the perpetrators whose actions caused moderate harm to health . In this case, the share of disability plays a role. He may be punished with a fine of 10 to 25 thousand rubles , or may be deprived of his driving license for a period of 1.5 to 2 years .

An employee of the State Traffic Inspectorate draws up a diagram of the accident, finds out the state of the culprit (drunk or sober), draws up a document about the damage to the cars, conducts interviews with participants and witnesses. Then all information is entered into the protocol.

For minor damage to health, the punishment is even less. This could be a fine from 2.5 to 5 thousand rubles, or deprivation of rights from 1 to 1.5 years .

How to compensate for damage

Compensation is paid for average severity of health, taking into account whether the culprit has an insurance contract. The victim is obliged to present all documents to the insurance company. In addition, you can make a demand for payment of funds spent on treatment or lost wages. The procedure for compensation is specified in the insurance law, and the amount of payments depends on many parameters.

The maximum payment amounts can be assigned:

Up to 500 thousand rubles – for harm to the health of the victim, if the contract was signed on April 1, 2015.
Up to 160 thousand rubles - for similar damage, but the contract was drawn up before April 1, 2015.
No more than 400 thousand rubles - damage was caused to the property of the victim (the agreement was drawn up after October 1, 2014).
No more than 160 thousand rubles - damage to several persons (the agreement was signed before October 1, 2014).
Up to 120 thousand rubles – damage caused to the property of 1 person (contract until October 1, 2014).

Sometimes it happens that after an accident it turns out that the culprit does not have an insurance policy. In this case, he must compensate for the damage from his own money. However, such payments rarely occur on a voluntary basis. Victims are most often forced to solve this problem by turning to the judicial authorities.