How long does the investigation into an accident with victims last?

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.

If you have any questions, you can ask them free of charge to the company’s lawyers in the form provided below. An answer from a competent specialist will help you make the right decision.

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.

Current deadlines for reviewing road accidents with victims in 2019

Absolutely everyone experiences nervous shock when road accidents occur. In addition to the fact that the driver himself is in a state of shock, it is also hard for the victims, if any. And also the relatives and friends of the victim also become involved in this whole situation. What to do if there is an accident resulting in injuries, what is the procedure? It is also important to know, if there is an accident with victims, what timeframes for consideration of the case should be established. Answers to these questions can be found in legislation. And we will look into this in detail.

What applies to road accidents with casualties?

A traffic accident can lead to a variety of consequences. Sometimes it is possible to avoid any serious consequences, and sometimes this leads to victims . people were injured as a result of a traffic accident , then all further actions should be carried out only in the presence of law enforcement agencies.

The procedure for considering road accidents with victims

If it does happen that there is an accident with victims, then you need to know how to act and how the registration of an accident with victims occurs. If the driver is familiar with the algorithm of actions , then in the event of such an unpleasant event he will not be confused and will do everything correctly.

So what is the procedure for handling such cases?

First of all, you need to report the incident to law enforcement agencies. They are obliged to arrive as soon as possible, formalize and record all the nuances of the incident. But we should not forget that the victim may need help, which means it is necessary to call an ambulance.
Traffic police officers who come to file an accident must carefully inspect the scene and draw up a rough diagram of the accident. They must independently inspect the site and interview witnesses. It is imperative to note the time when the accident occurred, as well as find out how the victim was positioned before the accident occurred and after the incident. And all this information must be confirmed by witnesses, leaving signatures on the papers with the accident report.
This very protocol is drawn up on a specific approved form.
After this, you will need to inspect the car. It is very important to find out whether the car was in working order at the time of the accident or not. In this case, it is difficult to make such conclusions immediately at the scene of the accident, but the traffic police officer is able to conduct a superficial inspection. If there is any doubt, the car will be sent for examination. It is there that they will find out exactly what condition the vehicle was in. This point is especially important for the driver. If it turns out that the car was faulty (although, for example, it had just been taken away from repair or the car was recently purchased at a dealership), then the likelihood that the driver will be punished is negligible.
It is important to find witnesses to the accident. These could be ordinary pedestrians or people who were in the car. Other drivers can also act as witnesses.
If there is a suspicion that the driver is drunk, under the influence of drugs, or there is reason to believe that he is not healthy, then an additional medical examination will provide answers to many questions. This may also apply to the victim.
When all the above measures have been completed, the participants in the accident are given a certificate. It can be submitted to the insurance company. Compensations, if any, will be calculated there.

But what should the victim do in this whole situation if his injuries are not so serious that he was immediately taken to the hospital. In any case, he should immediately seek medical help . This should be done in order to record that all injuries were received as a result of an accident.

Features of the investigation

After traffic police inspectors have carried out all the necessary activities on site, the investigator . It is he who is obliged to check all the available facts, as well as question the witnesses and the driver in more detail. The investigator has the right to order additional examinations to accurately establish the nuances of the accident . When such examinations are carried out, he can draw up a conclusion.

The lawyer and his client must familiarize themselves with all points of the case . The culprit must be explained what preventive measure is being imposed on him and what the essence of the claims is. All such cases are heard in the district court .

Time limits for reviewing road accidents with victims

A traffic accident has occurred, traffic police officers have arrived at the scene, then the question arises, what is the time frame for investigating a traffic accident with victims? It is important to take into account a lot of nuances that may affect the course of the investigation. The period for reviewing an accident with victims should not exceed two months.

But in fact, proceedings in such cases can drag on for up to three months . And this is in cases where the actions of the culprit fall under the article of administrative offenses. But in exceptional cases, at the request of an official ( according to Article 28.7p.5 of the Code of Administrative Offenses of the Russian Federation ), the consideration period can be extended for up to 6 months . And this is if the victim received mild to moderate injuries.

What if deadlines are missed? What documents are required?

What to do if there is an accident with victims, the time frame for considering the case is delayed? In this case, the victim has every right to write a petition to transfer the case to court or to have it closed. But at the same time, the case cannot be brought to court if the specific culprit of the accident has not been identified.

If during the proceedings the investigators nevertheless extended the period for consideration of the case, then it is imperative to request an extension certificate which will indicate:

reasons for extension;
details of the person who extended the deadline (his position and surname);
place of extension and time;
be sure to indicate the date by which the case must be considered;
The head of the department must sign.

Lawyer's recommendations

If you are involved in an accident and do not know how to proceed, then the best decision would be to use the services of a lawyer . It’s good if as a result the victim received some minimal injuries, but if the situation is much more serious, then you cannot do without an experienced lawyer. Therefore, the first recommendation: do not panic, find a lawyer (lawyer).

Any traffic accident must be registered only by law enforcement agencies . Filling out any protocols, diagrams and any other documents without police officers is not recommended . This can only be done if there are no injuries as a result of the accident. The coordinated work of the traffic police and police officers should lead to the collection of all the necessary evidence of the guilt or innocence of the motorist.

No one can force you to sign a protocol if you do not agree with what is written there. Also, the traffic police officer is obliged to ensure that all parties participate equally in drawing up the accident report. If an employee violates the order, then all his actions may be subject to appeal.

Conclusion

Injuries, loss of life - all this can be the sad consequences of a road traffic accident. And such consequences appear more and more often, unfortunately. As a result of such an accident, both the victims and those responsible for the accident, as well as their relatives and loved ones, suffer. Any of these people can receive a heavy moral burden.

What is the period for reviewing an accident with victims? Here everything will depend on what harm was caused to health. It is good if the injuries are minimal and cause minor harm to human health. If all the circumstances of the case are collected, the case will be considered within two months. But if it turns out that a person was seriously injured, then the time frame for considering the case may take up to six months.

How long does the investigation into an accident with victims last?

If the motorist and the victim are unable to act correctly due to stress, and the traffic police officer makes mistakes when filling out documents, it may be impossible to hold the person responsible for the accident accountable. Any traffic accident in which people were injured must be registered in the presence of law enforcement officials. Contrary to existing opinion, it is impossible to register such an accident under the European protocol, even if the victim has only a few scratches. Stages of registration of an accident Registration of an accident with victims should be carried out in several stages: Representatives of law enforcement agencies must immediately arrive at the scene of the accident to record the circumstances of the accident. Upon arrival of traffic inspectors at the scene of the accident, they draw up a diagram of the accident.

Accident investigation

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 damage caused to health, the liability of the culprit 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 Criminal liability occurs 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 The term can 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.

Fatal traffic accident Determination of the severity of the harm caused to health According to paragraph. It also establishes the presence or absence of a cause-and-effect relationship between the traffic accident and the injuries received.

You should also understand what criteria are used to determine the severity of the damage caused. Thus, based on the above-mentioned application: 1Mild damage to health - persistent minor loss of ability to work, as well as short-term health disorder up to 21 days inclusive. 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 serious harm to health. For example, these 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 term of one to one and a half years or administrative arrest for a term of up to fifteen days.

But leaving a victim in danger is another article: 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 of up to eighty thousand rubles or in the amount of wages or other income of the convicted person for a period of up to six months, or by arrest for a term of up to three months, or by imprisonment for a term of up to one year.

Therefore, you should never hide from the scene of an accident, i.e. Established period for considering an accident with victims As when considering an incident without victims, the time frame for investigating an accident with victims 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: Take testimony from witnesses. Conducting examinations. 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 a road accident The injured party as a result of a road accident can receive compensation not only for the physical injuries received. The list of compensation for health damage includes the following items: Lost earnings during incapacity. Costs of treatment, purchase of medications, care, etc. Costs 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 rubles are made by the insurance company in accordance with the provisions: The insurance amount, within 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: and in terms of compensation for the harm caused life or health of each victim, rubles In case of an accident with injuries, the injured party has the right to demand compensation for moral damage on the basis of Art.

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. 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.

Khanty-Mansiysk There are several options: 1.

Investigators talk about the accident investigation

In this regard, many questions arise regarding how the incident should be documented, how long it can last and how the victim should behave in order to count on compensation for damage. Today it’s worth talking about what the investigation of an accident with victims should be like. For the investigation to be successful, it is necessary to correctly document what happened. The inattention of traffic police officers at first can lead to the fact that it becomes impossible to prove the driver’s guilt. Incidents involving victims are always registered with the participation of law enforcement agencies.

Time frame for an accident investigation

We are talking about property victims, for example, in Article 7. How is it? And here is the second participant who did not violate anything and his car received mechanical damage. In accordance with Art. Of the Code of Administrative Offenses of the Russian Federation, a judge, body, or official, when preparing for the consideration of a case of an administrative offense, clarifies issues, including whether the protocol on the administrative offense and other protocols provided for by this Code are correctly drawn up, as well as whether other materials of the case are correctly drawn up. Having fulfilled the requirements of this norm, I come to the conclusion that the protocol on the administrative offense and the materials in the case are not drawn up correctly. So, according to the protocol on an administrative offense, the victim is R.

Liability for road accidents with victims

Receiving an insurance payment Expand According to statistics, for every road accident there is more than one victim, so any motorist can provoke 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 damage caused to health, the liability of the culprit 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 Criminal liability occurs 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 The term can 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.

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If an unreported incident occurs, only a highway patrol inspector will be called. He will also draw up a diagram of the accident, record the explanations of all participants in the incident and witnesses, draw up a protocol on the administrative offense, and include in it a list of damage to the vehicles involved in the accident. Among other things, any material evidence is included in the case materials. It is not mandatory to test drivers involved in road accidents for intoxication. However, it can be carried out if the traffic inspector or any of the participants in the accident have reasonable suspicions in this regard.

Accident investigation in 2019

If a reportable accident occurs, then a task force consisting of a traffic police officer, a police department investigator, forensic experts, and if the driver fled, then a criminal investigation officer must go to the scene of the incident. Upon arrival of the task force, the following documents are drawn up: - protocol of inspection of the accident scene; — protocol of inspection and verification of the technical condition of the vehicle; — certificate of accident; — explanations of the participants in the incident and witnesses; - an act of medical examination of drivers involved in an accident to determine their state of intoxication. In case of unreported incidents, a traffic police inspector from the traffic police service goes to the scene. He draws up a diagram of the accident, receives written explanations from the participants in the incident and, if necessary, from witnesses, draws up a certificate of the road accident with a list of all damage to the vehicles involved and a protocol on the administrative violation. Depending on the picture of the incident, the traffic inspector issues a resolution on the case of an administrative offense or a resolution on the initiation of an administrative case, which will be considered in the future. In addition to the listed documents, material evidence may be added to the case materials. Examination of drivers for intoxication in this case is not mandatory - it is carried out only if the traffic inspector has reasonable suspicions in this regard.

How long does it take to investigate a case of an accident involving 1 person? who died, collision? How is the time frame for investigating an accident with a victim determined?

Procedure for registration and investigation of road accidents

And only after the investigation is completed, an administrative protocol is drawn up. The duration of the investigation should not exceed 1 month, but in exceptional cases it can be extended for another 1 month, Art. In life, it looks like this: a traffic police officer on the spot registers the incident, fills out all the necessary documents and invites drivers to appear after a certain number of days at the traffic police of the area in whose sponsored territory the accident was recorded. Drivers already in the unit will take part in the procedure for analyzing a traffic accident. During the stated period of time, usually from 3 to 30 days, all eyewitnesses of the accident will be interviewed, and the documents compiled by the traffic inspector at the scene of the accident will be carefully studied. You will do the right thing if immediately after an accident, without waiting for the analysis team, contact your insurance company. There you can get professional expert advice and even legal assistance in preparing documents. Often, insurance company specialists conduct their own legal examination of an accident. If necessary, they will provide an advocate or your representative on the debriefing team.

Time limits for reviewing road accidents with victims

Options for registering an offense in case of an accident The inspector has the right, upon detection of illegal acts: to issue a decision on an administrative offense. Other measures can only be applied by the court. Also, this document is not issued if the person subject to liability does not agree with the accusation or the measure applied to him, or he is a minor or a conscript; draw up a protocol on the accident. That is, to record the fact of an accident. The punishment is determined later; make a determination to initiate an administrative case and conduct an investigation; make a determination to refuse to initiate proceedings.

I Maybe someone knows whether E. Radzinsky, who knocked down a girl to death in the summer, has been punished? This is a special form for notification of an accident that can be completed without law enforcement officers.

Free legal consultations We provide free legal support to the population of Russia. The best lawyers and advocates from all over the country help us with this. Ask a question to a legal consultant. Soon you will be matched with a specialist in your region. It may take some time to prepare your response. We will contact you as soon as the answer is ready. There is no such concept as an “accident investigation” at all; there is a procedural concept of an administrative investigation, within the framework of which appropriate examinations can be assigned. An administrative investigation without victims may

Time frame for investigating an accident with casualties

It is sometimes very difficult for families of people who have suffered in road accidents to look at things objectively, and this is understandable, because beloved people are in trouble due to someone else’s fault. In this regard, many questions arise regarding how the incident should be documented, how long it can last and how the victim should behave in order to count on compensation for damage. Today it’s worth talking about what the investigation of an accident with victims should be like.

How to register an accident with victims

For the investigation to be successful, it is necessary to correctly document what happened. The inattention of traffic police officers at first can lead to the fact that it becomes impossible to prove the driver’s guilt.

What should traffic police officers do upon arrival at the scene of an accident? Registration of an accident with victims consists of several stages.

The task force must immediately arrive at the scene of the incident. (We will talk about its composition later).
Upon arrival, an accident diagram is drawn up indicating all the details of the accident.
It is very important to clarify the time of the incident, as well as the position of the victim at the time of the accident. It is necessary that these data be confirmed by eyewitness accounts.
Police officers draw up an accident inspection report.
This document is filled out on a special form approved by the government.
The traffic police must check the condition of the car at the time of the accident: whether it was technically sound.
Typically, inspectors should only conduct a superficial inspection.
If they believe that the car needs a full diagnosis, they may order an additional examination. This factor can be very significant, because if the car has just been serviced and was faulty due to the fault of the service station, then the driver’s fault can be removed in full. The same is true if it is a new car, just taken from the showroom. If the examination reveals a serious malfunction that led to an accident, the driver may be acquitted.
Police officers are collecting information from witnesses.
Their role can be played by both pedestrians and drivers who were nearby at the time of the accident. Persons who have a video recording of the incident are also involved, for example, a car that was driving opposite or behind the culprit and filmed everything on a video recorder.
The traffic police must send the driver of the vehicle for a medical examination.
After all these actions, police representatives draw up a certificate of the accident, which the participants in the accident can provide to insurers.

In almost all cases, this certificate is issued immediately after the incident, only in rare cases the issuance process may take a day. This document can be issued in several copies, depending on how many participants in the accident there were.

Read about the punishment for leaving the scene of an accident here.

Find out how to avoid liability when leaving the scene of an accident at the link: http://1avtourist.ru/rassledovanie-dtp/ostavlenie-mestvetstvennosti.html

What should a victim do after reporting an accident? He should seek medical help. This must be done immediately after the incident. Only in this case will there be irrefutable evidence that the injuries were sustained as a result of an accident, and he can count on compensation.

In fact, in order for the investigation to be completed as quickly as possible, the investigator must collect as much information as possible about the case and register it correctly. It is worth remembering that every person who was involved in an accident, regardless of whether he is the culprit or the victim, has the right to participate in the registration and insist on entering the relevant data into the protocol. Until all parties to the accident come to a common agreement, the protocol or scheme cannot be signed.

If the driver who committed the accident does not agree that he is to blame for the injuries caused to the person, he is not required to sign the protocol. Instead, he can state his version of what is happening on a separate sheet, or on the back. There is also another option: cross out the word “guilty” in the report and write “driver”. In this case, the procedure for investigating an accident with victims can be fully implemented, since law enforcement officers will have to look for evidence of your guilt. What if she really doesn't exist?

Investigation of an accident with victims

How can a person who caused a pedestrian injury be punished? The investigation of an accident with victims will show to what extent the damage was caused. The driver will be punished accordingly.

If the damage is classified as light or moderate, the driver will only bear administrative liability. He will pay a fine, or maybe his driver's license will be revoked. Often a prison term of up to 15 days may be imposed. In addition to these restrictions, the driver is required to pay for treatment and rehabilitation.

How to determine the degree of harm? Typically, this item is calculated based on the duration of treatment of the victim. If it lasted less than 21 days, then the driver will be punished under this category.

But what if a person was seriously injured? His treatment lasts more than a month, and will he remain in a hospital bed for a long time?

In this case, the investigation will decide that the damage was very serious and the offender deserves criminal punishment. The culprit may be assigned:

imprisonment for up to 5 years;
fine from 20,000 rubles;
payments to the victim and his family;
withdrawal of rights.

But how long can this type of investigation last? Let's take a closer look at this.

Time frame for investigating an accident with casualties

Sometimes the investigation period for an accident without injuries differs from the case where damage was caused to people. According to the provisions of the law, the investigation in this case can last no more than two months.

During this period, it is necessary to carry out all the necessary research in order to either close the case or transfer it to the appropriate authorities.
Usually the case goes to the prosecutor, and then to the court. If this period is delayed, you have the right to file a petition to close the proceedings, or to transfer them to court in the state in which they currently exist.

Read here what to do if you hit a cyclist on the roadway.

The time frame for investigating an accident with casualties may vary slightly. The fact is that in order to establish the level of damage to health, sometimes it takes more time. In addition, it is necessary to carry out all examinations (car, medical examination of participants in the accident). This takes time.

Although, according to legal acts, this period also reaches two months, it can be extended by another three. It is also important to consider that the case cannot be brought to court if the culprit of the accident is not found (for example, he disappeared and has not been identified).

Who conducts the investigation of accidents with victims?

After the investigation is completed, the investigator conducts the case. Before this, traffic police inspectors, an investigator and a forensic expert go to the scene of the incident. In cases where the driver fled, a representative of the criminal investigation department is called.