Report about an accident

An accident is a road traffic accident: causes, types, consequences

Road traffic accidents are road accidents that may involve cars and people. They can occur for various reasons, and the consequences of such accidents can vary significantly. Most often, such situations arise due to the inattention of car owners, ignorance of traffic rules or the faulty condition of vehicles. Each car owner must take a responsible approach to driving in order to avoid accidents that can lead not only to damage to the integrity of valuable property, but even to harm to the health or lives of people.

Definition of an accident

A traffic accident is an incident that occurs exclusively when vehicles are moving. If damage is caused to a parked car by people, then this situation is not considered an accident.

An incident can be determined by various signs, which include:

the presence of serious consequences represented by violation of the integrity of property or harm to people;
it is possible to establish the exact location of the incident;
At least two participants in the accident are recorded.

The consequences of an accident can be different, as there may be bodily harm to people or even death. This causes material damage to the vehicles.

Characteristics of the accident

An accident is a collision between a car and people or other vehicles. The process is implemented only when at least one car is moving. Cars can move along the road, adjacent territory, parking lot or highway.

The main characteristics of the accident include the presence of at least two participants, and the infliction of certain damage must also be established. The registration procedure can be carried out with the involvement of traffic police officers or when drawing up a European protocol by two car owners.

Main varieties

There are quite a few types of incidents that differ in different nuances and available participants. An accident on a highway or on another section of the road can be represented by the following types:

Collision. It is carried out by two moving cars or one moving car can collide with a parked car. This type of accident is the most common in the city. Collisions can occur even with stationary vehicles. Therefore, it can be oncoming, lateral or passing.
Rollover. It involves the rollover of one or more vehicles as a result of an accident on the highway or on another road. Typically, this situation occurs due to too strong an impact, bad weather conditions or due to technical malfunctions in the car.
Hitting an obstacle. An obstacle is a stationary object, such as a tree, fence or stone. This action may cause damage to the vehicle or passengers.
Hitting a pedestrian. Such an incident occurs when a moving car hits a person located on the roadway or on the side of the road. The citizen can ride a bicycle.
Passenger fall. This accident is represented by an incident in which a person in a car falls out of the car for various reasons. This usually occurs due to sudden braking, changing direction, or colliding with other objects on the road.

Traffic police inspectors must determine the specific type of accident at the scene of the incident.

For what reasons do incidents occur?

The causes of road accidents are numerous, but most often they arise due to the inattention, negligence or illiteracy of drivers. Some car owners do not know the basic provisions of traffic rules at all, so they regularly violate these rules, which often leads to accidents.

Often after an incident it is not possible to determine the underlying cause of the incident. Under such conditions, the court appoints an expert examination of the accident, which consists of a comprehensive study of all the circumstances of the accident.

The main reasons why accidents occur include:

drivers violate traffic rules;
car owners do not have enough experience and qualifications to quickly respond to any emergency situation;
there is any technical malfunction in the car;
the load is incorrectly positioned;
the load on the vehicle is poorly secured;
road users behave incorrectly, and this includes not only car owners, but also pedestrians or cyclists;
Road conditions are unsatisfactory, so drivers cannot respond optimally to large amounts of snow or heavy rain.

According to statistics, accidents most often occur due to drivers’ incorrect reaction to certain circumstances. Additionally, pedestrians often cross the road in the wrong place or at the wrong color of the traffic light.

Frequent traffic violations by those responsible for accidents

The causes of road accidents can be different, but it is often determined by traffic police officers that the culprit of the accident violated basic traffic rules. This includes cases:

exceeding the speed limit;
driving fast in dangerous conditions;
violation of overtaking rules;
driving through the intersection on red;
transportation of people or goods in violation of the rules;
vehicle overload.

A particularly significant offense is driving while intoxicated. Recent changes in legislation have led to the fact that for such an action not only a significant fine of 30 thousand rubles is imposed, but also the citizen is brought to criminal liability for a repeated violation.

In a drunken state, the car owner cannot rationally assess the road situation, and his reaction also slows down significantly. This often leads to accidents with casualties and significant damage to vehicles.

Consequences of accidents

Every car owner tries in every possible way to prevent an accident. This is due to the negative consequences of road accidents. They can be presented in different forms depending on the circumstances of the accident. These include:

significant damage is caused to cars, so they lose their original market value and attractive appearance, and expensive repairs are also required;
may cause harm to the health of passengers, pedestrians or motorists;
Road accidents often result in death for those involved;
the person responsible for the accident does not receive compensation from the insurance company, so he must pay for the repair of his car from his personal savings;
If citizens violated traffic rules before the accident, they will be held administratively or criminally liable, depending on the circumstances of the case.

If the culprit of an accident, as a result of violating traffic rules or being in a drunken state, hits a pedestrian or collides with another car in the oncoming lane, which leads to the death of the participant in the incident, then he is held criminally liable. Such an accident with victims leads to the fact that the driver receives a real prison sentence, so you must be careful when driving.

What actions does the car owner take after an accident?

Every driver should know what needs to be done immediately after an accident. To do this, the following actions are implemented:

it is not allowed to leave the scene of an accident, as this is a serious offense, and this applies not only to the culprit, but also to the injured party;
the car stops, after which the emergency lights come on;
an emergency stop sign is placed in front or behind;
if citizens who have been damaged are found, they are given first aid if the drivers have the appropriate training, after which an ambulance is called;
if the case is an emergency, then one of the participants in the accident is allowed to leave the scene of the accident to take the victim to the hospital, after which he must return to the scene of the accident;
if cars interfere with the passage of other cars, then all the nuances related to the accident are recorded using photographs;
The traffic police are called.

You are not allowed to leave the scene of an accident as this is a serious offence.

Is it possible to do without traffic police officers?

If only two cars are involved in an accident, there are no injuries and minor damage is caused, then car owners can use the European protocol to file the accident themselves. In this case, they can save a lot of time, but they must have information about the rules for filling out this document.

If drivers have disagreements about who is at fault for the incident, they will definitely have to turn to the traffic police for help. Additionally, witnesses to the accident are involved, who can testify about how the drivers acted before the collision.

Further actions

If you need the help of traffic police officers, you will have to wait for their arrival. Together with the inspector, an accident report is drawn up, and the traffic police officer records the testimony of all participants in the incident, and can also interview witnesses.

Drivers must receive copies of all documents drawn up from the inspector, since only if they are available can they count on compensation from the insurance company.

Traffic police officers perform different actions:

identify victims;
prepare a protocol and other documents related to the accident;
ensure the safety of evidence;
identify all participants in the accident;
find witnesses or evidence provided by surveillance camera footage;
if necessary, they organize the further movement of cars along the road.

Often, car owners flee the scene of an accident, so the inspector’s duties include identifying signs of the car, after which the owner of the car is put on the wanted list.

What documents are being prepared?

The traffic police inspector is required to prepare numerous documentation, copies of which are given to those involved in the accident. These documents include:

a protocol for examining the accident site, which indicates all the facts of the accident, the location and time of the incident, and also describes the participants in the accident, weather conditions and the condition of the road surface;
diagram of the incident, for which appropriate measurements are first carried out using suitable equipment, which allows one to establish the position of the vehicles before the collision, the location of the impact, as well as other important features;
vehicle inspection report, including a description of all visible damage received as a result of the accident;
if there are signs that the driver is intoxicated, then a medical examination is carried out, based on the results of which a corresponding report is drawn up;
written explanations of the participants in the accident and identified witnesses;
certificate of accident.

All documents can be studied by participants in the incident, and they can express disagreement with various information specified in the papers.

What to do if there is a disagreement?

Often there is no evidence of guilt of any participant in the accident, so to establish guilt it is necessary to go to court. The court may order an accident examination, which is designed to comprehensively assess the circumstances of the accident.

To do this, the immediate scene of the accident is studied, cars are checked, and documents drawn up by traffic police officers immediately after the accident are analyzed. Based on the results of the examination, a court decision is made.

Based on a court decision, the person responsible for the accident is held accountable depending on the severity of the damage caused to property or the health and life of people. If there is no need for a trial, then a fine is imposed by the traffic police.

Conclusion

An accident is an unpleasant event for every car owner. It comes in different forms, and accidents occur for various reasons. There are always negative consequences of such an incident, so drivers must approach their responsibilities responsibly.

Car owners need to understand what they should do after an accident, as well as how to properly report the incident. Under certain conditions, a European protocol can even be drawn up by both participants in the accident.

Topic: Causes and consequences of an accident. Report

A road traffic accident is an incident committed with the participation of at least one motor vehicle in motion, as a result of which harm is caused to the life or health of an individual, his property or the property of a legal entity. Road traffic accidents are divided into groups depending on the severity of the consequences, the nature (type) of the accident, the location of the incident and other characteristics.

According to the severity of the consequences, road accidents are divided into 3 groups: fatalities, bodily injuries and property damage. Bodily injuries are divided into severe, less serious, and minor.

By type, accidents are divided into vehicle collisions, vehicle rollovers, collisions with obstacles, collisions with pedestrians, collisions with cyclists, collisions with stationary vehicles, collisions with horse-drawn vehicles, collisions with animals, and others. The latter type of accident includes, for example, a fall of transported cargo, a fall of a passenger, or a blow from a detached wheel.

A study of road accidents showed that they most often occur in the summer-autumn period - from June to October, when the traffic volume of private cars on the roads sharply increases. Road accidents are also distributed unevenly by day of the week: the largest number of them falls on Friday and Saturday, when at the end of the work week people rush out of town. The surge in accidents occurs at the evening peak, which is explained not only by an increase in the intensity of traffic and pedestrians, but also by the onset of twilight (in the autumn-winter period), as well as by the fatigue of road users accumulated over the working day and a certain amount of haste.

The causes of road accidents are divided into 5 main blocks - drivers, pedestrians, vehicles, and other road conditions. The biggest block of reasons is drivers. In some forms, there are up to 25 causes of accidents caused by drivers. The most common are drunkenness, speeding, failure to keep a distance, violation of overtaking rules, driving incorrectly at intersections, disobeying traffic lights, etc.

pedestrian block includes up to 10 reasons, the most common of which are drunkenness, crossing in an unspecified place, crossing in front of nearby traffic, unexpected exit due to an obstacle, etc. Not all pedestrian road users have fully realized the real danger that the road poses. The pursuit of a momentary gain in time again and again pushes another thoughtless pedestrian under the wheels of a vehicle. Few of these violators think about the sad consequences that such frivolous behavior on the road can lead to. And few people remember that roads were originally intended for traffic and the presence of pedestrians on them should be minimal in time and clearly regulated by traffic rules, otherwise there is a real threat to the health and life of the violator, as the above facts eloquently demonstrate. Self-preservation is the main motivation of any pedestrian to comply with simple traffic rules

The vehicle block includes about 20 reasons, the most common of which are damage to the brake hoses and other parts of the brake drive, breakdown of steering gear parts, rupture of the tire (front wheel), wear of the tire tread, etc.

road conditions block also includes about 20 reasons, the most common of which are slippery surfaces, uneven surfaces, limited visibility, poor roadside conditions, etc.

The block of other reasons includes the fault of cyclists: drunkenness, sudden departure from a lane, failure to comply with the order of travel, etc.; the guilt of drivers and passengers; natural disasters, such as falling trees, etc.

2. Anyone who gets behind the wheel or inside a car should remember that there is always a risk of becoming involved in an accident. Unfortunately, even 100% compliance with the Traffic Rules does not always guarantee complete safety, because There are people on the road who, through their illegal actions, can cause an accident. Therefore, the task of everyone who is in the car is to minimize possible negative consequences in the event of an accident.

Every road user needs to remember that most accidents could be avoided if everyone followed simple safety rules and strictly followed the rules of the road.

Main types and causes of road accidents

Officially, a road traffic accident (RTA) is a traffic situation involving at least one car, which led to damage to property or harm to human health. There are several common causes of road accidents, depending on the main culprit.

We are talking about road accidents caused by drivers, poor road conditions, adverse weather conditions or poor technical condition of the vehicle (for example, faulty steering). Pedestrians and cyclists are often to blame for accidents.

Main causes of road accidents

In the vast majority of cases, accidents occur due to intentional or accidental violation of traffic rules. Both from drivers and from pedestrians. This is the main cause of accidents. We are talking about a wide variety of violations - failure to comply with the speed limit, ignoring the rules for driving or crossing intersections, driving into the oncoming lane or driving through a prohibiting traffic light, failure to maintain distance, violation of the rules for crossing a railway crossing, not wearing a seat belt.

Often, traffic violations are made unintentionally or provoked by other factors. Causes of road accidents:

Drinking alcohol while driving. According to global statistics, about 35% of all accidents occur with the participation of drunk vehicle drivers. And we are talking only about officially registered cases; often an examination is simply not ordered, because intoxication does not manifest itself outwardly. Alcohol significantly reduces the speed of reaction and maneuvers, and also leads to drowsiness (especially in combination with fatigue);
Communication while driving. Nowadays there are a huge number of electronic gadgets that drivers can use while driving. And we’re not even talking about communicating on a mobile phone, but about sending emails, browsing social networks, using Viber, WatsAPP and other programs. All this significantly reduces the driver’s attentiveness and leads to a slower reaction to danger. Thus, talking on a mobile phone reduces reaction speed by 15-20%, and typing electronic messages reduces attentiveness by 6 or even 10 times;
Poor technical condition of the car. The technical condition of a vehicle does not often cause accidents, but it can lead to very serious consequences, including death. For example, due to an incorrectly configured brake system of the car or a non-deployed airbag;
Poor quality of road surface. This also includes malfunctioning traffic lights, incorrect placement of road signs, and ignoring the rules for applying road markings. The problem with roads is further aggravated by the fact that road services are extremely rarely held accountable for accidents caused by potholes and holes on dangerous sections of the road;
Incorrect behavior of pedestrians on the road. This mainly concerns jaywalking or crossing an intersection when the traffic light is red. Most often, collisions with pedestrians who do not comply with traffic rules are made in the dark. Therefore, when walking in the evenings and at night, you should take care of the presence of reflective elements on your clothes;
Bad weather conditions. When driving in fog, heavy rain, snow or ice, the viewing range is significantly reduced, the adhesion of the tires to the road surface is reduced, and the braking distance of the car is noticeably increased. These are just some of the adverse weather factors that are a common cause of road accidents.

There are several classifications of road accidents. For example, there is a division of road accidents according to the severity of the damage caused - with death, with harm to human health and with material damage. The overwhelming majority of accidents involve property damage, but in 2017 alone, more than 17 thousand people died as a result of road accidents in Russia, and more than 194 thousand people were seriously injured.

The main classification of road accidents is related to the characteristics of their occurrence, which are set out in the Traffic Rules. Types of accidents:

A collision between two cars or a collision between a vehicle and a rolling stock. It can be caused by a technical malfunction of the car, a sudden stop by one of the drivers, or failure to maintain the required distance between two vehicles;
Hitting an obstacle. The obstacle must be motionless; it can be absolutely any object, from a tree or pole to a road fence or house;
Colliding with a stationary vehicle (as well as a trailer or semi-trailer);
Rollover, vehicle overturn (if they are not caused by other types of accidents);
Hitting a pedestrian. This includes cases where pedestrians were injured due to a load or other object falling from a vehicle;
Hitting a cyclist;
Hitting a horse-drawn vehicle. The latter refers to any draft animals, as well as the carts that they transport;
Hitting animals, that is, any wild and domestic animals and birds. For such an incident to be considered a traffic accident, there must be property damage. That is, these animals must belong to someone;
Other types of incidents. There are many types of road accidents that occur relatively rarely - derailment of a tram, falling loads or throwing foreign objects onto a person by a car wheel, hitting a suddenly appeared obstacle, passengers falling out of a moving car or falling from a motorcycle due to a sudden change in speed or trajectory traffic, hitting people who are not participants in the traffic.

How to protect yourself from road accidents?

It is not enough to know the main causes and types of accidents on the road; it is necessary to strictly follow the measures to prevent them. There are several dozen or even hundreds of such measures; we will mention only the most important of them. Not only the safety of your property, but also the health and even lives of people depends on compliance with safety measures:

Always slow down before public transport, intersections and pedestrian crossings;
Turn on your car's turning lights in a timely manner. You cannot do this too early or late so as not to mislead other drivers;
Drive slowly along rows of parked cars. A child or an unlucky driver can run out of them at any moment;
Never overtake on a right turn. Its visibility is noticeably limited, and due to a sudden loss of control, it is easy to get into the oncoming lane and collide with a car traveling at high speed;
On highways located outside cities, you should drive exactly in the middle of the road. There is a high probability that a wild animal or pedestrian will suddenly run out onto the highway;
Maintain distance between cars. In good weather it should be at least 2 seconds, in bad weather - 5 seconds (we are talking about the meters that the car travels in the specified time);
Overtake with at least 100 or 200 meters to spare. In some situations, a free oncoming lane can save not only health, but also life;
Change lanes only after carefully assessing the traffic situation. Modern motorcyclists and bikers are able to cover a distance of a hundred meters in a matter of seconds;
Always assume that the driver in the next car is drunk or a greenhorn. This will help you carefully monitor all maneuvers on the road;
Watch out for cars in the next lane. If your neighbor suddenly stops, this may mean that he is letting a pedestrian pass, which you cannot yet see;
Never interfere with overtaking. If another car is trying to “press” you, then slow down and pull to the side of the road. This will protect you from accidents and save you a considerable number of nerve cells;
You can apologize for an unsuccessful maneuver on the road by briefly turning on the emergency signal. Always use this sign, it can smooth out many conflict situations.

Finally, let’s voice the most basic rule of safe driving - “Give way to the Fool.” It is known as the “Three D Rule” and only means that you should never follow the lead of an unbalanced, inadequate or aggressive driver. If such a driver is spotted on the road, you should immediately give way. Trying to deal with inappropriate behavior means once again provoking an accident and wasting your nerves.

Topic: Causes and consequences of an accident. Report

road conditions block also includes about 20 reasons, the most common of which are slippery surfaces, uneven surfaces, limited visibility, poor roadside conditions, etc.

Every road user needs to remember that most accidents could be avoided if everyone followed simple safety rules and strictly followed the rules of the road.

Report about an accident

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Articles and comments by Human Rights Center “Logos”
Road traffic accident (RTA). Concept and types

Contents of the publication:

Road accident. Definition of the concept
Road accident registration by Rosstat
Types of road traffic accidents (RTA) in ODM 218.6.015-2015
Types of road traffic accidents (RTA) in the repealed 1998 Rules
Another type of accident is a non-contact accident.
Who is considered dead or injured in an accident? “Limited visibility” and “road conditions associated with accidents”

Road accident. Definition of the concept

Road traffic accident is an event that occurred during the movement of a vehicle on the road and with its participation, in which people were killed or injured, vehicles, structures, cargo were damaged, or other material damage was caused (Article 2 of the Federal Law of December 10, 1995 N 196 - Federal Law “On Road Safety”)

The identical definition of the concept of “road accident” is contained in clause 1.2 of the Road Traffic Rules of the Russian Federation, approved by Resolution of the Council of Ministers - Government of the Russian Federation of October 23, 1993 N 1090.

Road traffic accident; (RTA): An event that occurred during the movement of a vehicle on the road and with its participation, in which people were killed or injured, vehicles, structures, cargo were damaged, or other material damage was caused (clause 3.1.2 of the Recommendations for the recording and analysis of road accidents). -transport accidents on highways of the Russian Federation, approved by the order of Rosavtodor dated May 12, 2015 N 853-r).

A road traffic accident (RTA) is an event that occurred during the movement of a vehicle on the road and with its participation, in which people were killed or injured, vehicles, cargo, structures were damaged (lost since May 12, 2015 Rules for accounting and analysis of road traffic -transport accidents on highways of the Russian Federation, approved by the Federal Road Service of Russia on May 29, 1998).

Road accident registration by Rosstat

Rosstat Order No. 887 dated December 29, 2017 “On approval of methodological provisions for transport statistics” (this order was not officially published) contains the following provisions:

Deceased - a person who died at the scene of a traffic accident or died within 30 days after the accident.
Wounded - a person who received bodily injuries at the scene of a road traffic accident, which led to his hospitalization for a period of at least one day, or the need for outpatient treatment.

State statistical reporting on road traffic accidents includes information only on road traffic accidents in which people were killed or injured .

Road traffic accidents are taken into account according to the following main criteria:

types (collision, rollover, collision with a standing vehicle, pedestrian, obstacle, cyclist, passenger fall);
places of commission (in populated areas, on public roads, private roads, toll roads, non-public roads, at railway crossings and other places);
reasons, the main of which are: violation of traffic rules (including by vehicle drivers), technical malfunction of vehicles and unsatisfactory conditions of maintenance and arrangement of the road network;
categories of victims (drivers, cyclists, passengers, pedestrians);
participants in incidents (including those involving pedestrians and children under 16 years of age);
time of occurrence (days of the week, time of day).

Types of road traffic accidents (RTA)
in ODM 218.6.015-2015

In the Industry road methodological document ODM 218.6.015-2015, valid since May 12, 2015, “Recommendations for recording and analysis of road accidents on highways of the Russian Federation,” approved. By order of Rosavtodor dated May 12, 2015 N 853-r, only the following types of accidents are identified:

road traffic accident with victims: An event that occurred during the movement of a vehicle on the road and with its participation, in which at least one person was killed or injured (clause 3.1.3). In this case, injured in an accident is understood to be a person who received bodily injuries in an accident that resulted in his hospitalization for a period of at least one day or the need for outpatient treatment (clause 3.1.10). who died in an accident as a person who died at the scene of an accident or died from its consequences within the next 30 days.

road traffic accident with particularly grave consequences: A road traffic accident in which 5 or more people died, 10 people or more were injured. (clause 3.1.4).

The previous Rules for accounting and analysis of road accidents on highways of the Russian Federation, approved by the Federal Road Service of Russia on May 29, 1998, contained a more detailed description of a road accident, which differed more favorably from the current Recommendations approved by Rosavtodor on May 12, 2015.

Types of road traffic accidents (RTA)
in the repealed 1998 Rules

In the Rules for recording and analysis of traffic accidents on highways of the Russian Federation, in force until May 12, 2015, approved. By Order of the Federal Road Service of Russia dated May 29, 1998 N 168, road traffic accidents were divided into the following types:

Collision is an incident in which moving vehicles collide with each other or with railway rolling stock.

This type also includes collisions with a suddenly stopped vehicle (in front of a traffic light, during a traffic jam or due to a technical malfunction) and collisions of railway rolling stock with a vehicle stopped (left) on the tracks.

Rollover is an incident in which moving vehicle overturned (for example, the court came to the conclusion that the overturning of a truck crane on the territory of a joint stock company cannot be regarded as a traffic accident, since it did not occur while the vehicle was moving along the road, as provided for clause 1.1 of the Traffic Rules; resolution of the Federal Antimonopoly Service of the West Siberian District dated October 28, 2008 N F04-6437/2008 (14507-A70-11) in case N A70-470/11-2008).

Collision with a stationary vehicle is an incident in which a moving vehicle collides with a stationary vehicle or a trailer or semi-trailer.

Hitting an obstacle is an incident in which a vehicle runs over or hits a stationary object (bridge support, pole, tree, fence, etc.).

A pedestrian collision is an incident in which a vehicle hits a person or the person collides with a moving vehicle.

This type also includes incidents in which pedestrians were injured by a load or object transported by a vehicle (boards, containers, cable, etc.).

A collision with a cyclist is an incident in which a vehicle hits a cyclist or the cyclist collides with a moving vehicle.

A horse-drawn vehicle collision is an incident in which a vehicle hits draft animals, as well as the carts transported by these animals, or the draft animals or carts transported by these animals hit a moving vehicle. This type also includes hitting an animal.

Passenger fall is an incident in which a passenger falls from a moving vehicle or in the cabin (body) of a moving vehicle as a result of a sudden change in speed or trajectory, etc., if it cannot be attributed to another type of accident.

A passenger falling from a stationary vehicle while boarding (disembarking) at a bus stop is not an accident.

Another type of accident is an incident not related to the types indicated above. This includes the fall of a transported load or an object thrown by a wheel onto a person, animal or other vehicle, a collision with persons who are not road users, a collision with a suddenly appeared obstacle (a fallen load, a separated wheel, etc.), etc.

Another type of accident is a non-contact accident.

The last paragraph of paragraph 3 of Appendix 3 to the specified rules for recording and analyzing traffic accidents on highways..., apparently, also included “ another type of accident ”. We are talking, in particular, about so-called non-contact accidents.

In a non-contact accident due to the fault of the driver of the vehicle (who violated the traffic rules), harm is caused to third parties, while there is no physical contact between the vehicle of the harm-doer and the vehicle of the injured person (as well as any other object to which the harm was caused). For more information on the topic of non-contact road accidents, see the article “Non-contact road accidents. Arbitrage practice"

Falling objects on a car, snow from roofs - an accident?

To classify an event as an accident, it matters whether the “injured” car was moving at the time the damage was caused or was parked, because from the definition of the concept of an accident it follows that a road accident is an event that arose primarily while the vehicle was moving along the road.

For example, the court indicated that “from the plaintiff’s statement of claim it is clear that at the time the damage was caused, the car was parked next to the building; the basis for the claim was damage to the car as a result of falling snow, and not a traffic accident ” (resolution of the Federal Antimonopoly Service of the Central District dated 04.02 .2014 in case No. A09-1079/2013)

Stopping a vehicle - process of movement - accident?

The answer to this question determines whether the incident that occurred when stopping the car is considered an accident or not. Accordingly, whether the event is considered an insured event or not.

According to paragraph 1.2 of the Traffic Rules, a “road accident” is an event that occurred during the movement of a vehicle on the road and with its participation, in which people were killed or injured, vehicles, structures, cargo were damaged, or other material damage was caused.

At the same time, road traffic is a set of social relations that arise in the process of moving people and goods with the help of vehicles or without them within the boundaries of roads. Intentionally stopping the movement of a vehicle for up to 5 minutes, as well as for longer if it is necessary to board or disembark passengers or load or unload a vehicle, is a stop.

According to paragraph 1.1 of the Traffic Rules, these Traffic Rules establish a uniform traffic procedure throughout the Russian Federation.

Consequently, paragraphs 1.1 and 1.2 of the Traffic Rules, in their interrelation, relate stopping a vehicle to the process of road traffic.

According to Article 2 of the Federal Law of December 10, 1995 N 196-FZ “On Road Traffic Safety,” the term “ road ” means a strip of land or a surface of an artificial structure that is equipped or adapted and used for the movement of vehicles. The road includes one or more carriageways, as well as tram tracks, sidewalks, shoulders and dividing strips, if any. A similar concept of a road is contained in paragraph 1.2 of the Traffic Rules.

For example, guided by the above rules of law, the Third Arbitration Court of Appeal, in its ruling dated December 09, 2013 in case No. A33-11923/2013, indicated that “since the controversial event occurred at the unloading site of the company..., specially designed for the passage of cars through it for their unloading , that is, being a road, and stopping a vehicle to unload it is part of the road traffic , then the overturning of the vehicle belonging to the plaintiff occurred as a result of a road traffic accident - an insured event provided for in a voluntary insurance agreement.”

Who is considered dead or injured in an accident? “Limited visibility” and “road conditions associated with accidents”

In the now no longer in force Rules for recording and analysis of traffic accidents on highways of the Russian Federation, approved. FDS RF 05/29/1998 N 168 contained definitions of the following terms:

"4. A person who died at the scene of a traffic accident or died from its consequences within the next seven days is considered dead

5. A wounded person is considered to be a person who received bodily injuries in a road accident that resulted in his hospitalization for a period of at least one day or the need for outpatient treatment. In this case, the provision of outpatient treatment is confirmed by documents (certificates) of the medical institution.

6. Limited visibility - the visibility distance for given driving conditions does not meet regulatory requirements due to the geometric characteristics of the road or weather conditions.

7. Road conditions accompanying an accident - actual road conditions at the site of the accident at the time of its occurrence. The fact that unsatisfactory road condition(s) was the cause of the accident is determined by a court decision (based on the results of the investigation).”

Alexander Otrokhov, Logos Legal Center (Omsk), 04/15/2015. (as amended on May 17, 2019)