Punishment for hitting a child at a pedestrian crossing

Collision with a pedestrian at a pedestrian crossing in 2019

What to do if you hit a pedestrian?

First aid

So, if you hit a person, you need to stop the car, put up an emergency sign, and call the ambulance and traffic police officers.

“An important point: first of all, you need to call an ambulance and only then try to help the person yourself,” recommends Andrei Katsailidi, a practicing lawyer, manager of the law office “Katsailidi and Partners . – The sooner the doctors arrive, the better for the victim. I recommend that the driver not take on too much. If you can help by using a car first aid kit, for example, to stop bleeding, feel free to do so. But, if the victim has serious injuries and fractures, it is better not to touch him, since illiterate actions can only aggravate the situation.

When to take you to the ambulance

“Even if it seems to you that you yourself will take the person to the hospital faster than the ambulance arrives, it’s better not to risk it,” the lawyer advises. — There are cases when a person can get up and walk from a painful shock, even walk with you to the car, but this will harm his health. So, it’s better to wait for the doctors - they will help the victim and describe his real, unaggravated condition after the accident.

The same applies to situations in which a person seems to have no injuries. Wait for the doctors who will be able to record this fact - otherwise later you will have to answer for the bruises that he received in a completely different place.

“Remember that if you help a person who has been knocked down, it will not only be correct from a humane point of view, but will also be counted as a mitigating circumstance in court,” advises Katsaylidi. - After all, if you hit a pedestrian, you will have to pay him compensation, even if it happened by accident.

Be careful with traffic police officers. Tell us how everything happened in the smallest detail, for example, if the pedestrian was staggering like a drunk before the accident, note this. Emphasize how the asphalt was: wet or dry? In short, pay attention to the smallest details.

Check that everything is described truthfully, pay attention to whether they recorded the presence of braking distance on the road (this indicates that you tried to brake), watch how all measurements are recorded and, most importantly, carefully read the document before sign it. If something does not suit you, make a note about it in the document.

“An important point: if possible, videotape everything that happens and take the telephone numbers of eyewitnesses,” advises Katsaylidi. - In case of any accident, this will be a good help. It is also worth considering where there may be surveillance cameras nearby that could have recorded the moment of the accident. It happens that drivers relax, because the traffic police officer says, they say, you are not to blame, and the passenger is safe. But it is unknown how the situation will turn out later - what if the victim consults with his wife, and she tells him to go to court? It's better to be safe!

Hit a child at a pedestrian crossing

By coincidence, he hit a child at a pedestrian crossing. Nothing serious, the blow was not strong, he was slightly hurt and there was a suspicion of a broken arm. The final examination has not yet been carried out, but tentatively there is either mild harm to health or no harm at all. My parents are threatening me with a criminal case, convincing me to give them a substantial amount of money, otherwise they will allegedly open a criminal case against me and deprive me of my driver’s license. What really threatens me? Will it be taken into account if a child appeared on the road unexpectedly and ran out from behind a car?

Answer: The current criminal legislation does not provide for liability for causing mild harm to a minor due to a violation of the Traffic Rules. Your actions will most likely contain the elements of an administratively punishable act.

After carrying out the necessary examinations and establishing the degree of harm to health (if harm of mild or moderate severity is established) caused by a collision with a child, the police will most likely open an administrative case under Part 1 (Part 2 - in case of harm to the health of moderate severity). gravity) Art. 12.24 Code of Administrative Offenses of the Russian Federation.

This article provides for liability for violation of traffic rules resulting in minor or moderate harm to health. The sanction under Part 1 is a fine from 2.5 to 5 thousand rubles or deprivation of the right to drive a car from a year to a year and a half.
If no harm is caused to the victim’s health, then traffic police officers, if you are guilty of hitting a child, will draw up a report under Art. 12.18 of the Code of Administrative Offenses of the Russian Federation - for failure to provide an advantage to a pedestrian in the pedestrian crossing area. Liability under this article is provided in the form of a fine from 1 to 5 thousand rubles. But this is only if the examination establishes the absence of any harm to health.

According to established practice, persons brought to trial for the first time in this category of cases and who admit their guilt are extremely rarely deprived of the right to drive a vehicle; most often the punishment is a fine.

In terms of compensation for damage caused by a collision, even if minor damage to health is confirmed, the parents of the victim are unlikely to be able to obtain payments in excess of 20-40 thousand rubles as compensation for moral damage and compensation for treatment. The amounts recovered in practice may vary by region. There is no talk of any criminal case and there cannot be any.

A gross violation of the rules by the victim, which contributed to the accident or was even the cause of it, will be an unambiguous mitigating circumstance for the driver, and in some cases may lead to the termination of the proceedings.

If a child unexpectedly jumped out from behind a parked car directly under the wheels, and the driver took all measures to comply with the Rules (obeyed the speed limit, reduced speed when approaching a crossing, etc.), then the question of exemption from liability can be raised, or about a significant mitigation of punishment, since there is no direct guilt here.

Alas, the Civil Code does not exempt the owner of a car, as a source of increased danger, from compensation for damage to health, and treatment, if any, will most likely have to be paid for.

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If you hit a child at a pedestrian crossing. What to do and what is the punishment?

An accident with a child pedestrian is a stressful, unpleasant, but very common situation that many drivers face. So, a driver at a pedestrian crossing hit a child who suddenly jumped out from behind a parked car or ran headlong across the crossing. Is the driver at fault for this accident, what could he face and what to do in this case?

When does responsibility arise for a child hit at a crossing?

The current criminal and administrative legislation does not establish any special or differentiated liability depending on the age of the person who caused harm to health as a result of violating the Road Rules.

The driver will be held liable regardless of the age of the victim - the determining criterion will be the degree of harm caused to the child. An examination will determine the degree of harm. The age of the injured child or teenager will not have any legal significance.

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If guilt is nevertheless established, final responsibility will directly depend on the following factors:

What is the severity of harm to the child’s health?
Was the driver who hit the child sober or drunk?

Let’s look in more detail at possible situations, and if you are involved in an accident with a child hit, you don’t have to look for answers on your own. It’s much easier free of charge about the prospects of your case using our hotline phone numbers.

If no harm is caused

In the event that the child is not harmed as a result of the collision, the driver is liable under Art. 12.18 of the Code of Administrative Offenses of the Russian Federation for failure to provide priority to a pedestrian when crossing a crossing.

The fact of the absence of bodily injuries is established either by the results of the examination, or, if there is no doubt about the absence of injuries, by the statement of the legal representatives of the injured child - his parents when drawing up a protocol on the spot. Under this article, the guilty driver is given a fine of up to 1,500 rubles.

Theoretically, it is possible to recover material and moral damage through the court regarding:

Property and personal belongings of the victim. For example, if a hit-and-run child dropped and broke his phone or tore his clothes;
Moral damage. The amount of compensation for such cases will be scanty (no more than 1-5 thousand rubles).

In practice, litigation to recover damages under such an article practically never occurs.

If harm to health is mild or moderate

In cases where the examination establishes the fact of harm to the health of the downed child of mild or moderate severity, the police will initiate an administrative case under Part 1 or 2. 2 of Art. 12.24 Code of Administrative Offenses of the Russian Federation (screenshot 4), respectively.

The sanction for these offenses will range from 2,500 to 5,000 rubles in fines for minor harm to health and from 10,000 to 25,000 for moderate harm to health. Alternatively, in both cases the driver may be deprived of the right to drive a vehicle for up to one and a half years.

If at the time of the collision the driver is found to be intoxicated or refuses to undergo a medical examination for alcohol, he will be additionally deprived of his driver’s license for 1.5 to 2 years. In this case, the aggravating circumstance of intoxication when imposing punishment under Art. 12.24 of the Code of Administrative Offenses of the Russian Federation will not be considered, since separate liability is established for being drunk when hitting a child.

If serious harm has been caused or the child has died

Causing serious harm to health as a result of violating traffic rules entails criminal liability and is punishable by Part 1 of Art. 264 of the Criminal Code of the Russian Federation. The driver faces a prison term of up to 2 years with deprivation of a driver's license for up to three years, or an alternative punishment in the form of forced labor or restriction of freedom.

The death of the victim will entail increased punishment, namely imprisonment for up to 5 years with deprivation of the right to drive a vehicle.

IMPORTANT: Committing a crime while intoxicated increases the severity of the punishment significantly and the act will be qualified under Part 2 or Part 4 of Art. 264 Code of Criminal Procedure of the Russian Federation. Read more about punishment for a fatal accident here.

The decisive factor in determining the final amount of punishment will be the driver’s admission of guilt, the absence of previous administrative and criminal liability, as well as compensation for damage to health, as well as moral damage. When a “non-drunk” accident occurs and does not result in death, there is always the opportunity to end the case by reconciling with the injured party, compensating her for the harm and agreeing to terminate the case.

When attracted under Art. 264 of the Criminal Code of the Russian Federation and it is obvious that you were guilty of hitting a child at a pedestrian crossing, it is mandatory:

Do not conflict with his relatives;
Provide compensation for moral and material damage;
If necessary, help in organizational terms: take the child to the hospital, agree on all possible assistance in the future;
Promise to pay for the treatment in full or immediately allocate the amount of money, documenting everything with a receipt.

If there is no fatality, then if the driver hits a child at a crossing and compensates for the damage, the proceedings against him may be terminated after reconciliation of the parties.

Mitigating circumstances and exclusion of fault

The circumstances of the accident are very important. If the examination establishes that the driver complied with traffic rules and did not have the opportunity to prevent the incident, then he may be released from liability. This is possible in cases where the driver slowed down when approaching a crossing, did not see a child nearby, and the latter jumped right under his wheels from behind a parked car.

To protect your rights, it is strongly recommended to acquire a video recorder, since the circumstances recorded by it can become the main evidence of the driver’s innocence.

In other cases, when the driver was moving at the permissible speed, but, noticing a child nearby, did not slow down, and the child suddenly ran out onto the road, it is unlikely that it will be possible to avoid liability, but this will serve as a mitigating circumstance. In any case, you should consult with a lawyer.

Consultation with a car lawyer, lawyer

Ask a question to a specialist in the field of defense in administrative and criminal cases. Arising from a traffic violation. If you hit a child at a crossing and face liability, a decision needs to be made at lightning speed, because competent defense determines whether you will be left with your license in your hands and without a criminal record, or whether you will have to compensate for the harm caused, and even end up “behind bars.”

Ask a question right now in chat, by phone or in the form below.

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What to do if you hit a pedestrian? Punishments and fines for road accidents, legal advice.

A car is not only a convenient means of transportation, but also a source of increased danger . The owner is fully responsible for the damage caused by it. The biggest danger when driving a vehicle is hitting a pedestrian. He is not protected by anything, and such accidents can have very serious consequences. And not only for the pedestrian, but also for the driver.

Let's try to figure out what is the liability for an accident involving a pedestrian and is it possible to avoid it?

○ What is a collision (road accident) with a pedestrian.

A pedestrian collision is an accident in which a car hits a person or a person runs into him. This category of road accident also includes harm caused by a collision with transported cargo or another vehicle.

Based on this, it is possible to determine the conditions under which an accident will be considered a collision with a pedestrian.

It must occur as a result of the vehicle moving or stopping.
There must be a collision between a pedestrian and a car or load.

It does not matter where the collision occurred, on the roadway, crossing, sidewalk or in a residential area. Another thing is how it will be regarded by law enforcement agencies, what the punishment will be. After all, in addition to the collision itself, liability will also be imposed for related violations, for example, for ignoring the conditions of passage of residential highways, driving on the sidewalk, etc. So what is the price of such inattention?

○ Types of punishments and fines.

The legislation provides for three types of liability for hitting a pedestrian: criminal, administrative and civil. Which of them the driver will be subjected to depends on the severity of the consequences and the circumstances of the event. One of the fundamental criteria is the degree of harm caused to the pedestrian’s health. It can be mild, moderate or severe.

✔ Civil liability.

Even if the driver is not found guilty of hitting a pedestrian, this fact itself will entail liability for the citizen. This is based on Art. 1079 of the Civil Code of the Russian Federation, which recognizes a car as a source of increased danger, and the owner or other person legally possessing it is responsible for any harm caused by it:

“Citizens whose activities are associated with an increased danger to others (use of vehicles) are obliged to compensate for harm caused by a source of increased danger, unless they prove that the harm arose due to force majeure or the intent of the victim.”

In turn, Art. 1083 of the Civil Code of the Russian Federation indicates the circumstances under which the amount of liability may be reduced:

“If the gross negligence of the victim himself contributed to the occurrence or increase of harm, depending on the degree of guilt of the victim and the causer of harm, the amount of compensation should be reduced.
In case of gross negligence of the victim and the absence of guilt of the harm-doer in cases where his liability occurs regardless of guilt, the amount of compensation should be reduced or compensation for harm may be refused, unless otherwise provided by law. If harm is caused to the life or health of a citizen, refusal to compensate for the harm is not allowed.
The court may reduce the amount of compensation for damage caused by a citizen, taking into account his property status, except in cases where the damage was caused by actions committed intentionally.”

That is, if you cannot prove that the pedestrian deliberately threw himself under the wheels, you will not be able to avoid compensation for moral and material harm to life and health. But it can be reduced if:

It will be possible to prove the intent or negligence of the pedestrian that caused such harm.
The court will take into account the financial situation of the defendant.

If it is established that there is no harm to the life and health of the pedestrian or only material, then the court may completely reject the plaintiff’s claims if it is proven that the pedestrian himself is to blame for the accident.

✔ Administrative responsibility.

Most of the culprits bear precisely this responsibility. It is provided for a collision with a pedestrian, which caused minor or moderate harm to health. Let's immediately determine what rises underneath it. A health disorder up to 21 days can be considered mild, resulting in a persistent minor loss of ability to work up to 10%. That is, if the treatment takes no more than 3 weeks and the victim does not significantly lose the ability to work, you can pay a fine of 2500 - 5000 rubles. In extreme cases, you will be registered as a pedestrian for a period of one to one and a half years under Part 1 of Art. 12.24 Code of Administrative Offenses:

“Violation of the Traffic Rules or the rules for operating a vehicle, resulting in minor harm to the health of the victim, entails 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.”

Even if the victim requires treatment for more than 21 days, and he loses more than 10% of his ability to work, but less than 1/3, the responsibility will still be administrative, since the harm will be of moderate severity. During the proceedings, the culprit will have to pay a fine of 10,000 - 20,000 rubles , and possibly part with his driver’s license for 1.5 - 2 years under Part 2 of Art. 12.24 Code of Administrative Offenses:

“Violation of the Traffic Rules or the rules of operation of a vehicle, resulting in the infliction of moderate harm to the health of the victim, entails 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.”

These measures may seem harsh to some, but they are quite adequate to the danger of the offense.

✔ Criminal liability.

The worst possible consequence of an accident is death or serious harm. Responsibility for such incidents is provided for in the Criminal Code of the Russian Federation, but even this is considered by many to be insufficiently severe. Art. 264 of the Criminal Code of the Russian Federation distinguishes between liability for causing harm in an accident, death, and also the commission of an accident while intoxicated. If everything is clear with the concept of “death,” then under grave harm in Art. 111 of the Criminal Code means causing:

". dangerous to the life of a person, or resulting in loss of vision, speech, hearing or any organ or loss of organ functions, termination of pregnancy, mental disorder, drug addiction or substance abuse, or resulting in permanent disfigurement of the person, or causing significant permanent loss of general ability to work by at least one third or, known to the culprit, complete loss of professional ability to work. »

The minimum that threatens for a collision resulting in serious harm to health under Part 1 of Art. 264 CC:

Up to 3 years of restriction of freedom.
Up to 2 years of imprisonment with deprivation of the right to hold certain positions or conduct certain activities for up to 3 years.
Up to 2 years of forced labor with deprivation of the right to hold certain positions or conduct certain activities for up to 3 years.
Up to 6 months of arrest.

In all other cases, the punishment increases and reaches a possible imprisonment of 4 to 9 years for hitting a pedestrian by a drunk driver. But even this punishment is not considered adequate by everyone, and proposals to increase this punishment periodically arise.

○ Lawyer's advice: how to avoid a fine.

The amount of liability a driver will incur largely depends on his behavior immediately after the accident. It is important not to panic, immediately stop the car, turn on the emergency lights, and put up a sign. After this, protect the victim from other cars and call an ambulance and the traffic police. The most common mistake is to immediately take the downed person to the hospital. This should only be done if his condition really causes concern for his life. Then this will be regarded as an emergency, but even in this case you need to leave your car where it is.

Do not give in to persuasion to let the victim go; he may not understand the extent of the harm from the shock or “remember” about it the next day and write a statement about leaving the scene of the accident.

Record the circumstances of the event as much as possible, ideally if you have a recorder installed in your car, but additional filming on a tablet or phone will not hurt and will be additional evidence.

Be sure to read the protocol; if you do not agree with the circumstances indicated in it, be sure to write it down. All this will be beneficial during the appeal.

Remember that when a pedestrian is hit, not only he, but also the driver and the car suffer. If a pedestrian crossed the road in an unintended place, was intoxicated, or there are other facts proving the pedestrian’s guilt, you can also file a claim for compensation for damage only caused to you and your property.

Hitting a pedestrian. What is the fine if you don’t let a pedestrian pass? Watch the story below on Channel One.

Published by: Vadim Kalyuzhny , specialist of the TopYurist.RU portal

Knocked down a pedestrian at a pedestrian crossing: punishment

Hitting a pedestrian at a pedestrian crossing is punishable under Article 12.24 of the Code of Administrative Offenses of the Russian Federation if the violation of traffic rules is proven. When considering the case, not only the nature of the actions of the driver, but also the pedestrian will be established. In this article, we will look at what threatens a car owner who hits a pedestrian at a zebra crossing, and in what cases sanctions can be avoided.

Conditions for bringing to responsibility

Pedestrian crossings serve to move citizens across the road and are marked with appropriate markings and road signs. To ensure the safety of drivers and pedestrians, markings may be accompanied by the installation of traffic lights. Let us highlight the key rules that drivers and pedestrians must follow within the designated crossing:

if there is no traffic light, the pedestrian has unconditional priority for moving along the crossing - each driver is obliged to stop before the markings and let the citizen pass, and resumption of movement is allowed only after the completion of the crossing;
if the green light is on for cars to move, the driver is not obliged to let pedestrians who violate their rights pass - there will be no liability for violating traffic rules, but compensation for harm to health from a source of increased danger is allowed;
if the green light is on for a pedestrian, the driver is completely prohibited from crossing the zebra crossing - punishment for violating traffic rules will follow, even if the driver did not hit the pedestrian at the pedestrian crossing.

Thus, compliance with the rules of crossing and passing through pedestrian markings is the responsibility of not only the car owner, but also the pedestrian.

According to the rules of Article 12.24 of the Code of Administrative Offenses of the Russian Federation, punishment will follow only for causing harm to the health of a pedestrian in mild or moderate form. In addition, the fact of traffic violation must be established (for example, refusal to give way to a pedestrian and continuing to move). To be held liable, the following conditions must be established:

the fact of traffic violation must be recorded by a traffic police officer, or by a photo and video camera - all circumstances of the violation are reflected in the procedural protocol;
the fact of hitting a pedestrian must result in slight or moderate harm to health - if more serious consequences occur (death, serious bodily injury), punishment will follow according to the Criminal Code of the Russian Federation;
the degree of harm to health is estimated and confirmed as a result of a medical examination.

Thus, if no damage to health resulted from the collision, the punishment under Art. 12.24 Code of Administrative Offenses of the Russian Federation does not threaten. However, for violating traffic rules, the driver may be charged with other charges, including with more lenient sanctions.

Additional sanctions may be imposed if the car owner flees the scene of the accident without good reason. The legal basis for leaving the scene of a collision will be the delivery of the injured citizen to the hospital if it is impossible to call medical personnel or immediate assistance is required in a medical facility.

Procedure for bringing to responsibility

All circumstances of a collision with a pedestrian must be recorded in the protocol. The obligation to call traffic police officers to the scene of an incident is provided for by the Traffic Regulations - failure to comply with this rule will be regarded as a violation of the law. When drawing up a protocol, the traffic police inspector indicates the following information:

date, time and place of collision with a pedestrian;
information about the official who compiled the protocol;
information about the car owner and pedestrian;
vehicle registration details, driver's license details, compulsory motor liability insurance policy;
a link to the clause of the traffic rules that the driver violated, as well as to the article of the Code of Administrative Offenses of the Russian Federation, which provides for punishment;
the circumstances of the collision with a pedestrian, reflecting on the diagram the location of the crossing, road signs, traffic lights, as well as the trajectory of the victim and the car;
explanations and objections of the car owner.

If signs of intoxication are detected in the driver, a referral for a medical examination may be issued. Unreasonable refusal to undergo this procedure will entail an independent punishment under the Code of Administrative Offenses of the Russian Federation - a fine with deprivation of rights.

The type and amount of penalties for hitting a pedestrian will depend on the nature of the injuries. To do this, the victim must undergo a medical examination, following which:

slight harm may be established when the health disorder is short-term in nature, or a minor loss of ability to work occurs;
average harm can be recorded, in which long-term damage to health is not life-threatening, or resulted in loss of ability to work by no more than 1/3;
If serious injuries or death are detected, a criminal case will be initiated.

The medical report will be included in the administrative case file, which is sent for consideration to the court. If the expert’s conclusion contains a conclusion about the presence of serious harm or the death of the injured pedestrian, the materials will be transferred to law enforcement agencies for punishment under the Criminal Code of the Russian Federation.

Since the sanctions under Art. 12.24 includes deprivation of a driver’s license; only judicial institutions can consider the case. The driver is notified of the place and time of consideration of the material when drawing up a protocol, or by a court summons. Failure to appear in court does not interfere with the proceedings, and the driver will receive the final decision in person in court or by mail. You can file a complaint with a higher authority within 10 days from the date of receipt or delivery of the decision. Accordingly, the judicial act will come into force after consideration of the complaint on the merits, or after 10 days for appeal.

At all stages of the administrative process, the driver is guaranteed the right to defense. The defense attorney may be a professional lawyer or another representative admitted by the court to the case. The list of powers of the representative will be defined in the power of attorney.

What is the penalty for hitting a pedestrian?

If guilt in violating traffic rules is confirmed by the case materials, the type and amount of punishment will depend on the degree of harm to health:

In case of minor bodily injuries, sanctions will follow under Part 1 of Art. 12.24 of the Code of Administrative Offenses of the Russian Federation - the court may impose a fine in the range from 2500 to 5000 rubles, or apply deprivation of rights for a period of 1 to 1.5 years;
for average harm the punishment will be imposed under Part 2 of Art. 12.24 of the Code of Administrative Offenses of the Russian Federation - the fine can range from 10,000 to 25,000 rubles, and deprivation of rights for a period of 1.5 to 2 years.

The choice of punishment will depend not only on the nature of the injury and the actions of the driver, but also on the behavior of the pedestrian. For example, if mutual guilt was established, but the pedestrian was intoxicated, the court may limit itself to a fine for the driver without depriving him of the right to drive. In the opposite situation, if the pedestrian has complied with all legal requirements of markings and signs, the car owner faces a maximum period of deprivation of rights. The imposition of a fine and deprivation of rights at the same time is not allowed; the court must choose only one punishment.

For voluntary execution of a sanction in the form of a fine, a period of 60 days is given . If the driver does not meet this deadline, the decision will be sent for enforcement to the FSSP service. The punishment in the form of deprivation of rights begins to flow from the moment the driver’s license is actually handed over or it is confiscated by the traffic police.

Compensation for moral damage

Even in the absence of consequences for the health of a pedestrian, a collision with a car causes moral harm. It can be recovered according to the norms of the Civil Code of the Russian Federation; for this, the following rules are taken into account:

the claim is filed by the victim, regardless of whether the driver is held liable under the Code of Administrative Offenses of the Russian Federation, however, if there is a resolution under Art. 12.24 of the Code of Administrative Offenses of the Russian Federation does not need to prove the fact of a collision again;
the plaintiff is obliged to justify the amount of compensation for moral damage, but the final amount of payment will be determined by the court, taking into account the degree of mental and moral suffering from the collision;
the calculation of the amount of compensation does not depend on the size of the fine in an administrative case or on the period of deprivation of rights.

To consider a claim for compensation for moral damage, the court may request administrative material. The execution of a judicial act on compensation for moral damage takes place according to general rules - through the FSSP service.