Liability for an accident with moderate injuries

Liability for road accidents with victims

According to statistics, for every road accident there is more than one victim, so any motorist can cause an accident with harm to the health of the victim or become injured as a result of the accident. Next, we will consider what punishment for an accident with victims is provided for by law, how long it takes to investigate the case, and also what to do if your health was damaged as a result of the collision.

What does the culprit of an accident with victims face?

Depending on the severity of the harm caused to health, the liability of the perpetrator of an accident with victims is established in accordance with administrative or criminal legislation. Administrative punishment is applied in the following cases:

1. Violation of the Rules. causing minor harm to the health of the victim shall entail the imposition of an administrative fine in the amount of two thousand five hundred to five thousand rubles or deprivation of the right to drive vehicles for a period of one to one and a half years.

2. Violation. entailing the infliction of moderate harm to the health of the victim shall entail the imposition of an administrative fine in the amount of ten thousand to twenty-five thousand rubles or deprivation of the right to drive vehicles for a period of one and a half to two years.

Criminal liability arises when life-threatening injuries, mutilations and other serious consequences are caused as a result of an accident. In this case, the penalty is imprisonment for up to two years:

Violation. resulting through negligence in causing grievous harm to human health, is punishable by restriction of freedom for a term of up to three years, or forced labor for a term of up to two years. or arrest for a term of up to six months, or imprisonment for a term of up to two years.

The period may be increased to 3 years in the presence of aggravating circumstances. The latter most often is a state of intoxication revealed during a medical examination. Materials for deprivation of rights in case of an accident with victims in this case are sent administratively to the court immediately. This does not affect the criminal proceedings in any way - the court decision is simply attached to the case.

Determining the severity of harm caused to health

According to clause 4 of section 1 of the order of the Ministry of Health on the approval of medical criteria for determining the severity of harm caused to a person No. 194n, a forensic medical examination is appointed to determine the severity of bodily injuries. It also establishes the presence or absence of a cause-and-effect relationship between the traffic accident and the injuries sustained.

You should also understand what criteria are used to determine the severity of the damage caused. So, based on the above application:

1 Minor damage to health - persistent minor loss of ability to work, as well as short-term health disorder (up to 21 days inclusive).

2 Medium - permanent loss of ability to work by less than ⅓, as well as a long-term health disorder, but safe for life (more than 21 days).

3 More serious consequences are considered severe, and the culprit will have to answer for their infliction under criminal law. But you also need to understand that under certain circumstances, criminal liability can occur even in an accident without serious injuries or injuries.

Possible criminal consequences in an accident without causing grievous harm to health

For example, this can happen after leaving the scene of an accident. The violation itself today falls under an administrative article that provides for deprivation of rights in an accident with or without victims for a period of one to one and a half years:

Leaving the scene of a traffic accident in which he was a participant in violation of the Traffic Rules by the driver entails deprivation of the right to drive vehicles for a period of one to one and a half years or administrative arrest for a period of up to fifteen days.

But leaving the victim in danger is another matter:

Knowingly leaving without help a person who is in a condition dangerous to life or health and is deprived of the opportunity to take measures for self-preservation due to childhood, old age, illness or due to his helplessness, is punishable by a fine in the amount of up to eighty thousand rubles or in the amount of the wages or other income of the convicted person for the period up to six months, or arrest for a term of up to three months, or imprisonment for a term of up to one year.

Therefore, you should never hide from the scene of an accident, because with the current level of saturation of the city infrastructure with security cameras, as well as the availability of video recorders, it is usually possible to find the offender.

Established deadline for considering road accidents with victims

As with the investigation of an accident without injuries, the investigation period for an accident with injuries can reach two months. However, during this period it is not always possible to determine the extent of damage caused to health, so the investigation is sometimes extended to six months.

During this time, investigators:

All participants in the incident are interviewed.

Testimony of witnesses is taken.

It is necessary to understand that when an ambulance is called to the scene of an accident, even if the victim has only one abrasion, until the investigation is completed, a decision from the traffic police, and therefore insurance payments, will not be received.

Where to contact a victim after an accident

An injured party in a car accident may receive compensation for more than just the physical injuries sustained. The list of compensation for personal injury includes the following items:

Earnings lost during incapacity.

Costs of treatment, purchase of medications, care, etc.

Expenses associated with the need for professional retraining due to the inability to work in the previous specialty as a result of injuries received.

These payments in the amount of up to 500,000 rubles are made by the insurance company in accordance with the provisions:

The insurance amount, within the limits of which the insurer, upon the occurrence of each insured event (regardless of their number during the validity period of the compulsory insurance contract) undertakes to compensate the victims for the harm caused, is:

a) in terms of compensation for harm caused to the life or health of each victim, 500,000 rubles.

Art. 7 of Federal Law No. 40-FZ on OSAGO.

In case of an accident with injuries, the injured party has the right to demand compensation for moral damage on the basis of Art. 1100 GK. The Law on Compulsory Motor Liability Insurance does not provide for such a payment, so it must be recovered directly from the culprit of the accident. To do this, a civil lawsuit is brought within the framework of an already open criminal case or civil proceedings. The claim may be filed in the district court of the plaintiff's choice.

Documents for receiving insurance payment

To receive insurance payments under compulsory motor liability insurance, you must submit the following documents to the insurance company:

1 Application for payment of the insurance amount.

2 Conclusion of a medical examination indicating the nature of the injuries, diagnosis, degree of disability, etc.

3 Certificate of monthly income, benefits, pension, etc. on the day of injury to determine the amount of lost earnings.

4 Certificate of incapacity for work (if available).

5 An extract from the medical history (issued at the medical institution), documentation confirming the costs of purchasing medications and paying for services at the medical institution.

If the situation described above occurs, especially with serious consequences, both the injured party and the guilty party will require the professional services of lawyers. They will help you obtain the required compensation from the Investigative Committee in the event of delays or refusal to consider the application, recover the full amount of material and moral damage from the culprit, competently use mitigating circumstances, etc.

About liability for road accidents with victims in 2019

The accident has terrible consequences. And material losses are far from the worst thing, although they can be significant. Liability for accidents involving victims does not exclude the possibility of lengthy litigation and imprisonment. In any situation, it is important for the driver to act correctly - in accordance with universal principles of morality and the requirements of the law. This is the only way to save someone’s life, not to aggravate the situation by inaction, and, perhaps, to reduce the severity of your own punishment.

What is a traffic accident

Even children probably know what the abbreviation means. But not all adults can formulate an accurate definition of an accident. It can be found in clause 1.2 of the traffic rules.

This is an event that occurred during the movement of a vehicle, as a result of which damage to the vehicle, structures, other material damage occurred, and there were injuries or deaths.

The main types of road accidents are collisions, rollovers, collisions, and falling passengers. There are also so-called others, which include all other accidents. These include falling loads, objects thrown by wheels, and collisions with suddenly appearing obstacles. The Ministry of Internal Affairs uses the following classification of incidents in its work:

In addition, the incident can be classified by the severity of the damage caused, injuries, and so on.

What to do in case of an accident with victims

The algorithm of actions of a participant in an accident is defined in Art. 2.5 and 2.6 traffic regulations. Immediately after the accident, you must stop (you can no longer move the car), turn on the emergency lights, set a triangle at a specified distance from the car, call the traffic police and do not touch objects related to the accident. But the most important thing is to provide assistance to the victims. A medical team should be called, and if necessary, send the victims on a passing vehicle or take them to the hospital on their own.

Transporting victims of an accident in your car is the direct responsibility of the driver. You must first report this to the traffic police, and then return to the scene of the accident.

How is the severity of harm to health determined?

The liability of the person responsible for the accident depends on the injuries received by the victim in the accident. According to paragraph 4 of section of the general provisions of the Order of the Ministry of Health No. 194n dated August 17, 2007, the severity of the harm caused to health is determined in a medical institution by a forensic medical expert, and in his absence, by a doctor of another specialty according to the rules established by law and in accordance with the medical criteria set out in the above-mentioned order .

In other words, only an examination establishes the connection between the accident and injuries. The following degrees of severity of damage to health are determined:

Easy. This is a minor but persistent loss of ability to work (by 10%) or a short-term health disorder - up to 3 weeks. The criteria are minor superficial damage.
Average. This is also a persistent, but already significant loss of performance - less than a third (10-30%). It is also a life-threatening but long-term disorder that causes disability for more than 21 days. These are mainly injuries to internal organs, broken limbs and concussions.

The severity is determined by one medical criterion. If there are several of them, the one with the greatest severity is selected. In the case of multiple damages, the degree of damage is determined on a cumulative basis.

Fatalities in road accidents

An accident with fatalities is always a tragedy. The culprit will have to answer to the fullest extent of the law. The Code of Administrative Offenses does not consider violations that led to serious consequences and death.

The Criminal Code works, the degree of guilt is determined only by the court, and further developments depend on the classification of the offense. If there is no corpus delicti or there are mitigating circumstances, the punishment will be lighter. Much depends on the driver’s actions immediately after the accident and his condition at the time of the accident.

Liability for road accidents with victims

The legislation has a wide range of sanctions and provides for bringing the perpetrator to justice:

Administrative

Administrative liability for road accidents with victims is defined in the Code of Administrative Offenses. Verse 12.24 says:

For minor damage to health, a fine of 2500-5000 rubles is provided. or deprivation of rights for a year and a half;
for average damage you will have to pay 10-25 thousand rubles. and driver's license - up to 2 years.

When a traffic violation is committed by a pedestrian, a passenger or another traffic participant other than the driver, light or moderate damage is caused, the culprit faces a fine of 1-1.5 thousand rubles. (Article 12.30 of the Administrative Code). If the driver was drunk or did not have the right to drive a vehicle, a more severe punishment is provided (Article 12.8 of the Code):

arrest up to 15 days;
fine 30 thousand rubles.

Civil

A fine and deprivation of rights in case of an accident with victims are far from the only and not the most severe penalties under the law. The state will receive a fine, but the injured party can also count on payment for the harm caused. And compensation under compulsory motor liability insurance is one of the most effective ways to compensate for damage. In this case, payment can be made not only by the insurer, but also by the culprit of the accident. These issues are regulated by the Civil Code.

Article 1079 of the Civil Code places responsibility for damage caused and the obligation of compensation on the owner of the car that caused the accident. The owner is released from liability if he proves that:

car stolen;
the accident occurred under the influence of force majeure;
the victim acted intentionally.

Driving the vehicle by another person does not relieve the owner from liability. If damage to third parties is caused by several vehicles, their owners will bear joint liability. The amount, frequency of payments and conditions for repayment of incurred expenses are established by the court. A lawsuit is filed, and the culprits or their relatives pay the bills.

Punishment for an accident with victims can be criminal if serious harm is caused. Guilt and the degree of responsibility are determined by the court, taking into account proven mitigating or aggravating circumstances. In Art. 264 of the Criminal Code provides a wide list of prescribed penalties for grievous harm caused unintentionally:

restriction of freedom for up to 3 years or correctional labor for up to 2 years;
arrest up to 6 months or prison term up to 2 years.

For the same violation while intoxicated, the law defines forced labor for up to 3 years or imprisonment for up to 4 years.

For the death of one person, forced labor may be imposed for up to 4 years or imprisonment for up to 5 years. If the culprit was drunk, the judge has the right to imprison him for 2-7 years.

If there are more dead, the following are provided:

forced labor – up to 5 years;
prison term – up to 7 years.

A drunk driver will be punished with imprisonment for 4-9 years, plus deprivation of driving license for 3 years.

If malicious intent is revealed, this is already a criminal offense, which provides for more severe punishment.

If a pedestrian is hit and the driver’s fault is not revealed, liability is assumed under Art. 109 of the Criminal Code. We are talking about correctional, forced labor, restriction or imprisonment for up to 2 years. If there is more than one victim, the time limit is doubled.

Mitigating and aggravating circumstances

There is no concept of “mitigating circumstances” in the Criminal Code, but they are listed in Art. 4.2 Code of Administrative Offenses:

repentance;
voluntary reporting of an offense;
compensation for damage caused before a decision is made on the case;
state of passion, difficult personal and family circumstances;
minority;
assistance to the victim on the spot;
pregnancy or young child.

The Code of Administrative Offenses states that the judge may recognize other circumstances not included in the list presented above as mitigating.

Aggravating circumstances are listed in Art. 4.3 Code of Administrative Offences. In terms of road accidents, the law considers them to be:

repeated violation;
alcohol intoxication;
refusal of medical examination.

In the same way, the court may take into account other circumstances that it considers aggravating the guilt of the offender.

How is an accident with casualties investigated?

The investigation of road accidents with victims should be carried out with the participation of employees of the Ministry of Internal Affairs. They are obliged to check all versions, identify the circumstances and the culprits. The procedure includes trace research, technical analysis, assessment of road infrastructure, compliance with traffic regulations, vehicle operating rules and the actions of participants in an accident.

A task force, consisting of an inspector from the State Traffic Inspectorate, a criminologist and an investigator, leaves for the scene. Immediately issued:

Protocols of inspections of the scene, vehicles and participants of the accident. If it turns out that the accident could have been avoided, this will be reflected in the protocol. If the driver did everything possible to avoid an accident, the court will take this into account.
Road accident diagram.
Explanatory notes.
A decision on an offense or further investigation of the case.
Acts of tests for intoxication, protocols on the suspension of the driver and his referral for examination, on the detention of the vehicle.

The investigator analyzes the materials for signs of a crime and makes a decision on the qualification of the case. An accident is registered according to the Code of Administrative Offenses or transferred to the investigative authorities, after which the Criminal Code is included in the work. The examination of the victims' injuries is carried out by a forensic expert, who is guided by Federal Law No. 73-FZ of May 31, 2001 and draws up a conclusion.

If a criminal case is initiated, the vehicle may be arrested. The arrest is accompanied by the execution of a protocol with price marks, a list of property and equipment.

Duration of consideration of cases of road accidents with victims

The time frame for consideration depends on the qualifications of the case. The decision is made within 15 days. In Art. 29.6 of the Code of Administrative Offenses states that administrative cases must be investigated within 2 months. The judge may extend the term by a month. In criminal cases, the investigation can be extended up to 6 months.

If the victim leaves the scene of the accident

Leaving the scene of an accident is prohibited by law. This is considered an aggravating circumstance, and the punishment for the culprit in this case will always be harsher.

Even an innocent or injured participant in an accident will not be able to avoid punishment under Art. 125 of the Criminal Code for leaving in danger.

This is punishable by imprisonment for up to 1 year. In addition, the insurance company will definitely issue a recourse.

Where to contact a victim after an accident

First of all, you need to contact the insurance company of the culprit. An application for compensation is submitted. The injured party has the right to seek justice in court. In this case, you can count on compensation for:

lost earnings;
treatment costs;
expenses for retraining due to the inability to continue working in the specialty;
moral damage (according to Article 1100 of the Civil Code);
lawyer services.

Recovery is carried out from the person responsible for the accident. The lawsuit is filed in the district court of the plaintiff's choosing.

Payments under OSAGO

According to Art. 7 Federal Law No. 40-FZ (as amended on September 25, 2017), the maximum amount of payment to the victim can be 500,000 rubles. To receive compensation under compulsory motor liability insurance, you must submit a package of relevant documents to the insurance company.

Conclusion

Judicial practice in road accidents with victims confirms that after an accident it is very important to act in accordance with the law, while maintaining restraint:

The responsibility is too high.
It is necessary to comply with traffic regulations after the incident, and then monitor the correctness of the paperwork.
Documentary evidence of expenses is required for compensation.
It is better to compensate the harm caused to the victim before the trial.
You will need the help of lawyers.

Road accident with casualties: Video

Candidate of Legal Sciences. Advocate. Legal practical experience – 7 years. Specializations: Automotive law, tax law, loans and lending, compensation for damage.

Judicial practice of payments for causing harm to health of moderate severity

An accident always entails serious legal consequences. In one case, the culprit of the accident faces administrative liability, in the other – criminal liability. Sometimes you can get by with a fine, but in some situations the culprit has to fully compensate not only the cost of restoring the car after an accident, but also the damage caused to the health of the injured party. Those responsible for road accidents have the most questions when damage of moderate severity is caused.

Moderate harm

The main signs of moderate harm include:

damages and injuries that are not life-threatening (this includes a moderate concussion);
temporary disruption of the normal functioning of organs and systems of the body;
long-term health disorder – over 21 days.

Liability for causing moderate harm to health in an accident

There are three types of liability that arise in the event of personal injury in an accident:

civil liability

Read about fines for road accidents in this article https://roadadvice.club/3382-razmery-shtrafov-za-dtp-v-year-godu-stati-kodeksa-diapazon-shtrafov-prakticheskie-situatsii

about administrative liability when the accident caused damage to both cars and human health. Implies payment of a fine to the traffic police, as well as deprivation of a license, for example, deprivation of rights for fleeing the scene of an accident

Criminal liability arises if the accident caused serious harm to human health or death. Implies imprisonment.

Administrative responsibility

The average severity of injury to health in an accident entails civil or administrative liability, but if the accident ends in death, then criminal liability begins.

If we talk about administrative liability, then as a punishment the driver will be deprived of his driver's license, but for a period of no more than 24 months. In some cases, the court awards an administrative fine to the culprit of the accident. This happens when the victim has not suffered too much damage. If after an accident one of the victims died, then we will be talking about criminal liability.

When causing moderate harm to health, the basis for punishing the culprit of the accident is Article 12.24 of the Code of Administrative Offenses of the Russian Federation.

As judicial practice shows, in most cases the perpetrators of road accidents, due to which the injured party received injuries of moderate severity, are punished:

a fine, its size ranges from 10 to 25 thousand rubles,
compensation for moral and property damage,
deprivation of rights for two years.

Determining the amount of damage to the victim

When determining damage to health, the monetary equivalent is used and contains the following components:

cost of inpatient or outpatient treatment;
cost of rehabilitation treatment;
the cost of a taxi when traveling to a medical facility;
the cost of medications used to treat the victim.

Compensation for damage of moderate severity

Responsibility for causing harm occurs only when the actions of the perpetrator of the accident can clearly trace the signs of an administrative offense or a crime that is criminally punishable. In both cases, the culprit of the accident is obliged to compensate for the damage caused.

Russian legislation clearly states that compensation for moral damage occurs regardless of the degree of guilt of the perpetrator of an accident, but is carried out only when actual damage has been caused to the victim’s health. The amount of compensation depends on the decision of the court, which will carefully study all the circumstances of the accident and interrogate witnesses, if any. The amount of compensation is also influenced by the degree of guilt of the driver who is found to be at fault for the accident. The court will analyze his actions, which caused the accident. The plaintiff can independently name the amount of compensation for moral damage to health, but this does not mean that the court will satisfy his demands. Having assessed all the circumstances, the degree of guilt and the severity of the damage caused, the court will determine the final amount of payments.

Arbitrage practice

The collection of compensation for damage to health of moderate severity during an accident is considered quite often in Russian courts. This can be partly due to the increase in the number of accidents on the roads. Most courts already have some form of policy for handling such cases. All citizens who were injured in an accident can file a claim for moral damages, provided that they were recognized as the injured party and no administrative measures were taken against them.

The plaintiff will be able to receive compensation for damage if he or his relatives were injured in an accident due to the fault of the second party. The receipt of compensation is not affected by which of the victims was driving. Everyone who was in the car will be able to count on payments for damage to health of moderate severity in an accident. The court will independently examine all the circumstances of the accident and only after that will make a decision, determining the amount of compensation for moral damage.

Liability for road accidents with victims

Even the most careful and responsible drivers are not insured against road accidents. At night, there is a risk of not noticing a pedestrian walking along the roadway without a flicker. Some motorists rush around the city at great speed, not bothering to turn on their turn signals. And liability for road accidents with victims means serious sanctions, including being sent to places not so remote. It is better for the driver to know in advance what he may encounter in order to behave correctly in the event of an accident.

Victims after an accident: what should a driver do?

First you need to turn on the hazard warning button, get out of the car and place a warning sign at a distance of 15-30 meters from the car. This will prevent a new accident.

The first thing you need to check is the state of health: your own and other people involved in the accident . If the driver’s life is not in danger, he is obliged to go to the victims, but not to step on spilled liquids, scattered fragments of the car, or broken glass. Is it dangerous.

Next, the driver must get people out of the car if they cannot do this themselves. Provide emergency medical care. If your skills are not enough, call passers-by for help. Call an ambulance, reporting the exact coordinates of the scene of the incident. Then call your insurance company to report the incident.

If the driver himself needs emergency help, he can go to the hospital in an ambulance, and call one of his relatives, friends or acquaintances to the scene of the accident.

The driver should under no circumstances attempt to escape . They will be able to find him with almost 100% probability: with the help of surveillance cameras, video recorders, and eyewitness testimony. The following sanctions are provided.

Article 12.27 of the Administrative Code:

deprivation of driver's license for 1-1.5 years;
arrest for 15 days.

For such adverse consequences to occur, the very discovery of a violation is sufficient, and it does not matter whether there are any wounded.

Article 125 of the Criminal Code:

up to 80 thousand rubles of penalties;
collection of wages for six months;
arrest for three months;
correctional labor (maximum – for a year);
imprisonment (maximum one year).

The driver cannot be prosecuted under this article if he did not know that other people were in danger (the violation was not deliberate). Also, for criminal liability to occur, the victim must have been unable to help himself for one of the following reasons:

he is a small child or a frail elderly person;
disease;
helplessness (for example, a person has lost consciousness or suffered a severe leg injury).

In any case, it is not worth the risk to avoid being guilty of the illness or death of another person, as well as a criminal from the point of view of criminal law. The driver’s actions determine what responsibility he will face in the future.

Another important step is to call the traffic police and report the accident . There are many telephone numbers where you can call traffic officers, in particular:

112 – emergency number, by which the applicant will be redirected to the traffic police;
002 – traffic police telephone number for Beeline subscribers;
020 – number for MTS, Megafon, Tele2 subscribers.

It is difficult to remain calm until the traffic police arrive. If victims of road accidents are conscious, most likely the driver will not be able to avoid the conflict. However, you need to control yourself and, if possible, do the following:

find witnesses to the accident, arrange with them to testify, ask for contact information (last name, first name, patronymic, residential address and telephone number);
photograph the situation: cars, road, markings, signs, scattered objects, participants in the accident;
reassure the victims.

How to investigate an accident with victims: actions and deadlines

Traffic police officers, a criminologist and an investigator arrive at the scene of the accident. The driver must answer the official’s questions honestly and not say anything unnecessary. Do not refuse a medical examination to determine alcohol intoxication, otherwise in the future this fact may be recognized as a priori established.

It is useful for the driver to monitor the progress of drawing up the inspection report. This is the main document that is subsequently investigated by the court in the event of administrative or criminal proceedings. Before signing the protocol, you need to carefully read its contents. If any inaccuracies or incomplete information are discovered, this must be indicated in writing and the document must not be signed.

During this period, witnesses to the accident are interviewed, the scene of the accident is examined, inspections and examinations (medical, technical) are carried out. If officials manage to find the culprit causing minor or moderate bodily harm, the materials are transferred to the judicial authority. Proceedings for an administrative offense are initiated, the consideration period of which is 2 months.

Identification during the investigation of a driver guilty of causing serious injury or death of a person results in the initiation of a criminal case. Here the review period stretches for many months. First, an inspection (up to 30 days) and a preliminary investigation (2 months) are carried out, and then the materials are sent to the court.

Types of liability

For causing harm to the health of at least one participant in the accident, the legislator provided for three types of legal liability:

civil law;
administrative;
criminal

Moreover, for the first type of liability to occur, officials do not even need to prove the guilt of the offender.

After an accident, a person's health may suffer. The degree of severity is determined by forensic experts. One of three options is possible here:

Easy degree. The person received a minor injury and was on sick leave for no longer than 3 weeks. This includes cuts, bruises, sprains, due to which the patient cannot go to work, and temporary impairment of any system (for example, vision).
Average degree. The victim cannot go to work for a long time (more than 3 weeks) due to serious health problems. Or during this time any organ loses its functions. But the consequences of the accident still do not threaten human life. Examples of moderate harm: broken and cracked bones, loss of a finger.
Severe degree. The problem that arises poses a danger to a person or leads to other serious consequences for him: it worsens the quality of life, deprives him of the opportunity to work fully, and disfigures his appearance.

Examples of severe:

abortion;
severe injury to the head, chest, abdomen;
acute hypoxia;
loss of vision, hearing;
severed limb;
large scars, scars, burn marks on the face that cannot be cured.

Civil liability

It is compensatory in nature and provides for the payment of money so that the victim can restore health and return to full-time work.

Since civil liability insurance of the car owner is mandatory (OSAGO), the responsibility to pay money to the victim of an accident is assumed not by the driver, but by his insurance company. Driving a car without registration of compulsory motor liability insurance is prohibited.

If a driver without insurance (with an expired policy) hits a pedestrian or collides with a car, causing injuries to people, he will pay compensation for the damage. Plus he will pay 800 rubles of the fine under Part 2 of Article 12.37 of the Administrative Code.

The payment limit for compulsory motor liability insurance is 500,000 rubles. The insurance company will pay this money. If the actual amount turns out to be higher, the remaining amount will be reimbursed by the driver of the car.

What is included in the monetary equivalent of damage caused to health?

paid treatment in a medical institution: stay in a ward, medical and rehabilitation procedures, tests, surgeries, injections;
medicines;
purchase of special equipment for treatment and recovery (crutches, wheelchair, exercise equipment, exercise therapy items);
cosmetic procedures to restore the former appearance;
travel expenses to a medical facility, including temporary relocation to another country for treatment;
nursing services;
temporary disability (lost earnings during forced sick leave);
expenses for retraining in another specialty if, for health reasons, it is not possible to work at the previous job.

Also, in court, the victim can demand compensation for moral damage, citing the fact that he faced severe mental suffering and physical pain. All of the above will cost the driver a tidy sum.

Administrative responsibility

The basis for this type of liability is Article 12.24 of the Code of Administrative Offences. The severity of the sanction depends on whether the harm caused to the person is mild or moderate.

Punishment options for mild cases:

fine 2.5-5 thousand rubles;
deprivation of driver's license for 1-1.5 years.

Punishment options for medium severity:

fine 10-25 thousand rubles;
deprivation of driver's license for 1-1.5 years.

Where does this discrepancy in numbers come from? And how do you understand what decision the court will make? The government representative takes into account the circumstances of a particular case, the degree of guilt of the driver and the victim, the personal profile of the offender, and his assistance to officials in the investigation of the accident. Typically, the court imposes a low fine if the driver quickly admitted his guilt, provided assistance to the victims, and actively participated in establishing the circumstances of the accident.

On the contrary, aggravating circumstances are attempts to evade responsibility (hiding from the scene of an incident, unwillingness to give evidence, its contradictory nature), alcohol intoxication, and gross violation of traffic rules.

Criminal liability

The basis for the application of criminal sanctions is Article 264 of the Criminal Code. Its rules provide for punishments of varying degrees of severity, which depend on the following factors:

degree of danger of consequences;
number of victims;
presence of alcohol intoxication.

Let's consider what options for criminal penalties face a driver who finds himself in an accident with victims through his fault.

Serious harm caused to one person

restriction of freedom for up to 3 years;
forced labor for up to 2 years;
arrest for up to six months;
sent to a colony for up to 2 years.

The sanctions become stricter if the accident occurs after drinking, and look like this:

forced labor for up to 3 years;
sent to a colony for up to 4 years.

Death of one person

forced labor for up to 4 years;
sent to a colony for up to 5 years.

If the driver was “tipsy” at the time of the accident, then his responsibility is increased: the culprit is imprisoned for up to 7 years.

Death of two people (or more)

forced labor for up to 5 years;
colony up to 7 years, and in a state of alcoholic intoxication - up to 9 years.

When considering the materials, the court takes into account the same circumstances that were described above in the section on administrative liability. The court is most severe towards drivers who got behind the wheel after drinking a glass of strong drink, which led to serious consequences.

Conclusion

Thus, the presence of victims as a result of an accident entails heavy moral, temporary and financial losses for the driver, even if he is innocent. The legislator has provided not only administrative and criminal sanctions, but also civil law mechanisms for collecting money. Therefore, you should be extremely careful on the road, and if an accident does occur, do not try to evade responsibility, so as not to receive the maximum punishment.

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Road traffic accident with injured persons

Rarely does a traffic accident occur without casualties. In this case, the victims mean not only those who received serious injuries, but also those who received minor bruises and scratches. In case of such an accident, it is important to know in advance what measure of liability is provided for by law, in which cases compensation for damage falls on the shoulders of the person responsible for the accident, and in which cases it implies deprivation of a driver’s license and freedom.

Decor

Traffic rules clearly regulate the procedure to be followed in case of an accident with victims. Thus, the driver is obliged to immediately stop the vehicle, provide assistance to the victims, and then call the traffic police.

If people were injured as a result of a traffic accident, the driver must strictly follow the instructions:

Provide primary medical care to victims yourself. If the injuries caused are serious, call an ambulance immediately. If the life and health of the victim is in danger, it is allowed to send him by passing cars to the nearest medical facility.
Call the traffic police.
Record the location of vehicles after the accident, infrastructure facilities, belongings and other details related to the accident with victims. Recording via video or photography is encouraged.
If the movement of other vehicles is impossible due to an accident, then after recording the position of the participants in the accident, it is necessary to clear the roadway. Moreover, if there is a shoulder for detour, then it is not recommended to touch vehicles involved in a traffic accident with injured persons.
Interview eyewitnesses of the accident and record their information.

What do traffic police officers record when registering a traffic accident?

Employees arriving at the scene of an accident are required to draw up a diagram of the traffic accident, which the car drivers sign. If one of the drivers is injured and is not able to adequately perceive what is happening, then the road accident diagram is signed by him later. In addition, the following information is entered into the protocol:

data of drivers and vehicles (including MTPL or CASCO numbers of each participant);
testimony of participants in the accident and witnesses;
list of damage received by transport;
injuries sustained in the presence of victims.

The latter are made after examining the victims by ambulance staff.

Responsibility in the Code of Administrative Offenses for road accidents with victims

If there are victims during an accident, then in addition to the road accident report, an administrative or criminal case is also opened. Depending on the degree of harm caused, several types of crimes differ:

The first two types of crimes are considered within the framework of criminal proceedings, while causing harm to health is an administrative offense. According to Article 12.24 of the Administrative Code of the Russian Federation (KOAP), the following types of punishment are provided:

Who assesses the damage caused to health?

Representatives of the medical institution to which citizens end up after an accident are designated by law as responsible for assessing the damage caused to health in road accidents involving victims.

For example, if a person suffered a broken arm during an accident, then the damage is assessed as moderate severity. However, if, as a result of a broken arm, a person develops a latent disease, then medical workers assess the damage as causing grievous harm to health. Accordingly, the case of an accident can be reclassified from administrative to criminal.

Liability of the at-fault driver in an accident with victims

The person responsible for the traffic accident with the victims is determined during the investigation of all the circumstances of the accident. Moreover, if the culprit admits his guilt, the consideration of the dispute is significantly accelerated. The responsibility of the perpetrator can be both administrative and criminal. For example, if a person died in an accident, then the law classifies the crime as a criminal one. If the culprit of the traffic accident was under the influence of alcohol, drugs or toxic substances, the degree of liability increases.

In addition to criminal prosecution, the driver is deprived of the right to drive a vehicle, and is also additionally required to compensate for the damage caused to the victim. As a rule, compensation is expressed in payment for medical services and compensation for the period of loss of ability to work.

If a person dies in an accident, then all the circumstances of the case are examined to qualify the charge: murder by negligence or murder in an accident.

Actions of the at-fault driver in a traffic accident

On the official website of the traffic police there is a reminder for drivers on how to behave after a traffic accident with victims. First of all, someone involved in the accident must remain calm. The rules stipulate that the person responsible for an accident with victims is identified during the investigation. However, the driver, who actually caused a road accident, is obliged to provide assistance to all victims, inform the traffic police about the incident, and record the position of all objects related to the incident. If it is not possible to call traffic police officers using mobile communications, there are no passing cars or witnesses, it is allowed for the victims to be sent by the culprit in their own transport to a medical facility.

Before leaving the scene of an accident, it is necessary to record the location and circumstances of the accident using photos or videos, as well as place an emergency sign on the roadway. If a person died during an incident, you cannot leave the scene of the accident; you must inform the traffic police about the incident by all possible means.

Punishment for an accident with victims at a pedestrian crossing

A pedestrian crossing is a specially designated place on the road that can be used by pedestrians. Drivers do not have the right to refuse to let a person cross a zebra crossing. Therefore, all traffic accidents with collisions at a pedestrian crossing a priori occur only through the fault of the driver who is driving the vehicle. The penalty depends on the degree of harm caused to the pedestrian.

If a pedestrian is slightly frightened or bruised, the driver has the right to resolve the conflict on the spot if the victim does not mind. If a person crossing the road at a pedestrian crossing suffers light or moderate damage to health, the driver is obliged to provide first aid and call the traffic police. The punishment will be determined by the court. In case of serious harm to health or death, a criminal case is opened against the culprit of the accident with the victims.

The severity of the punishment is also influenced by the circumstances of the accident. In particular: at what speed were the vehicles and the pedestrian moving, at what moment the person began moving along the crossing, the driver’s actions after the accident. If the culprit fled the scene of the crime, then his actions immediately fall under the Criminal Code of the Russian Federation - leaving a person in danger (Article 125 of the Criminal Code of the Russian Federation).

Punishment for minor harm to the victim

The Administrative Code clearly establishes the types of punishment for causing minor harm to health - an administrative fine or deprivation of the right to drive a vehicle at the discretion of the court. Moreover, the latter means complete deprivation of rights, regardless of category. For example, if a person has the right to drive a motorcycle, a car and a truck, then if punished by deprivation of a driver’s license, the right to drive all types of transport is lost. The term of imprisonment ranges from 1 to 1.5 years.

When imposing an administrative fine, the degree of damage caused is taken into account. The legislation sets the minimum payment amount - 2.5 thousand rubles. The court cannot oblige you to pay less than this amount, therefore the culprit of an accident with victims, identified during the investigation and trial, will be obliged to pay at least this amount. The maximum fine is set at 5 thousand rubles.

Moderate punishment

The minimum amount of an administrative fine for an accident involving victims who suffered moderate damage to health is set at 10 thousand rubles. Therefore, if during the investigation and trial the culprit of the accident is identified, then at a minimum he will have to pay this amount. The maximum fine is set at 25 thousand rubles. The final amount is determined during the investigation. For example, the size of the administrative fine is influenced by the degree of injury to the victim and the degree of guilt of the driver.

If several people were injured during an accident, then a separate measure of liability is established for each of them. Already from the totality of all punishments, the court establishes one, the one that the guilty person will suffer. For example, if one of the victims received minor damage to health during an accident, and the other suffered moderate damage, then the culprit may be ordered to compensate for damage in the amount of the total amount under both articles of the Administrative Code of the Russian Federation.

If moderate damage to health is caused in an accident, the perpetrator may be punished in the form of deprivation of the right to drive vehicles for a period of one and a half to two years.

Punishment for moderate harm to the victim caused by a driver under the influence of alcohol

Alcohol intoxication is an aggravating circumstance in a traffic accident. Thus, for driving a vehicle while intoxicated without incident, punishment is provided in the form of deprivation of rights for a period of 1.5 to 2 years, as well as an administrative fine in the amount of 30 thousand rubles. If the accident occurred due to the fault of a drunk driver, as a result of which the victim suffered moderate damage to his health, then the culprit is charged with punishment under two articles of the Administrative Code: 12.24 and 12.8. In this case, a fine of 30 thousand rubles is imposed, the license is confiscated for 1.5-2 years, and an additional fine of 10-25 thousand rubles is issued. For a repeated crime, the penalty increases.

Punishment for road accidents with severe injuries

A severe degree is understood as a persistent loss of working capacity of more than one third of the possible one, causing serious harm to health. That is why in case of a traffic accident, as a result of which a person was seriously injured, not an administrative, but a criminal case is opened. The penalty under Article 264 of the Criminal Code is provided for in the form of imprisonment for a term of up to three years. In this case, actual imprisonment can be replaced by forced labor for up to two years. The final decision is made by the court after studying all the circumstances of the case.

Fatal traffic accident

If the injured person dies during an accident, the case goes from administrative to criminal. In this case, it does not matter when exactly the victim died - directly during the accident or after receiving injuries in a medical facility. A fatality in an accident is usually classified as homicide by negligence, but is regulated by Article 264 of the Criminal Code. If the culprit was not intoxicated, then the punishment is provided in the form of imprisonment for a term of up to five years or is replaced by forced labor for a term of up to four years. In this case, the person is prohibited from holding certain positions or engaging in certain activities for this period. The right to drive a vehicle is also lost for a period determined by the court.

Features of road accidents with victims

The circumstances of the accident can be very different. For example, a driver may not be able to control the vehicle due to bad weather conditions, which will lead to a traffic accident with injuries. In this case, it will be illegal to charge him with the highest degree of responsibility, since little depends on him. That is why, when determining the degree of guilt, all circumstances of the accident and the actions of the participants in the accident are always considered. If the culprit of the incident violates the established traffic rules, then this is also taken into account when imposing a punishment.