Hitting a pedestrian in situations - penalties and how to avoid them?

Hitting a person - what liability can there be?

So, as we indicated above, this type of accident can entail anything from absolutely nothing to punishment in the form of:

• administrative fine or deprivation of rights under the Administrative Code,
• articles of the Criminal Code for a pedestrian killed or seriously injured,
• civil liability in the form of compensation for material and moral losses to a person.

Table of punishments under the Code of Administrative Offenses and the Criminal Code for a hit-and-run pedestrian

We propose to consider a concise table of violations and penalties for both the driver and the pedestrian, and then understand each of them in detail.

Now let's look at each case separately and figure out what standards of punishment apply in these situations.

Forensic examination of an injured pedestrian

Typically, accidents involving pedestrians, where they were injured, last quite a long time - up to 1 year. The reason for this is the fact that the harm caused to their health has been established. The same situation occurs in accidents involving only cars, it’s just that in such cases there are fewer victims, so for an accident with a collision with a pedestrian this becomes more relevant.

The duration of the administrative investigation here directly correlates with the lengthy process of ascertaining injuries and their extent. As a result, the driver is given a certain punishment if he is guilty.

But even a pedestrian under compulsory motor liability insurance will not be able to receive compensation from the driver until the completion of the forensic medical examination and a decision on the liability of the motorist.

Hit a pedestrian at a crossing, sidewalk or on a turn, the driver is to blame - fines and deprivation of license

The most common and, perhaps, deplorable situation for motorists is a collision with a pedestrian in a zebra crossing zone. In this case, the pedestrian road user is right, and the driver is guilty in almost all cases. In this case, the driver is charged with violating the following points:

• 14.1 Traffic rules, if the collision occurred at an unregulated pedestrian crossing,
• 14.2 of the Rules, if the collision occurred in a zebra crossing zone regulated by a traffic light,
• in addition to one of the above, they may be charged with 10.1 traffic rules - a “universal” clause that fits many situations, requiring you to choose a speed in order to anticipate the danger and avoid it.

The penalties in this case depend on a large number of factors. Let's list them all.

If the pedestrian escaped with fright, but there was no collision

Then the driver is entitled to one single punishment - a fine of 1.5 to 2.5 thousand rubles under Article 12.18 of the Code of Administrative Offenses for not allowing a pedestrian to pass at the crossing. This fine can also be issued on camera and is applied for failure to give way to pedestrian road users.

Fatal accident with a pedestrian - what does the law say?

The legislative framework can be grouped into 2 main areas of regulation:

1. rules of conduct for road users: regulations, prohibitions and instructions,
2. responsibility for violations of these rules: both the driver for hitting a pedestrian to death with or without his fault, and the pedestrian himself.

So, the first group is almost exhaustively dictated by the Rules of the Road. In particular, the following points are key in the most common situations of fatal accidents:

• general clause 1.3 of the traffic rules, obliging every road user to comply with the rules relating to them,
• paragraph 1.5 prescribes in all cases to act on the road in such a way as not to create a danger to traffic,
• “universal” paragraph 10.1 - this is what is most often attributed to drivers who did not have time to stop in front of a pedestrian and hit him to death,
• 4.1 obliges pedestrians to move only on sidewalks and pedestrian paths, and only in exceptional cases - on the side of the road, to wear reflective vests in certain cases,
• 4.3 – cross the road at a pedestrian crossing and only in exceptional cases, outside of them,
• 2.6 obliges the driver to call an ambulance and provide first aid to a pedestrian injured in an accident.

Most often such accidents occur:

• failure to give way to a pedestrian at a crossing,
• on the sidewalk when the car owner loses control,
• on the roadway on the highway in the dark (often with the participation of drunken pedestrians),
• in courtyards and parking lots when reversing trucks,

But the second group of punishments is already more extensive, and it is this that we will talk about next.

Important note!

If there is no harm to health, but there is property damage

Then there is civil liability. For example, if a pedestrian fell and got dirty as a result, you hit his dog (pets are considered property under the Civil Code of the Russian Federation).

In this case, the damage will need to be compensated according to the victim’s expenses for restoring his property (the same clothes) to its original condition.

If a pedestrian is slightly harmed

Then there is a risk of deprivation of rights under Part 1 of Article 12.24 of the Administrative Code. But this norm does not imply an unconditional deprivation of the right to drive. The driver may be assigned, at his choice, a person reviewing the case:

• a fine of 2,500 to 5,000 rubles for hitting a pedestrian causing minor damage to health,
• deprivation of rights for 1-1.5 years.

This is an administrative liability, and it does not cancel the civil liability - compensation for the costs of restoring health and property damaged as a result of a hit-and-run accident.

Please note that in this article, minor harm means minor loss of health or minor loss of ability to work. The 2021 legislation does not specify what.

If moderate harm to health is caused

By average damage, legislators already understand loss of health for a long time, but without risk to life, or loss of ability to work by at least a third.

And for such harm to a pedestrian who is hit, the driver faces either a fine of 10 to 25 thousand rubles, or deprivation of his license for 1.5-2 years.

If the driver was drunk

Then, according to administrative law, unlike criminal law, he will simply be given another punishment - deprivation of rights for drunkenness (Article 12.8 or 12.26 of the Administrative Code - the latter, if he refused a medical examination).

Does OSAGO compensate a pedestrian?

Yes. The vehicle insurance is designed to protect the driver from liability to other road users. And this is not limited to compensation for damages under compulsory motor liability insurance when causing damage to other cars.

In particular, OSAGO works in the following situations:

• if you hit a pedestrian and got him dirty, his clothes were torn, his phone was broken, and so on, then the pedestrian’s insurance will compensate for property damage within the established limit of 400 thousand rubles,
• if, as a result of a collision with a pedestrian, he is killed or harm is caused to his health, then OSAGO will compensate for this harm; the limit is already 500,000 rubles,
• and even if the driver fled the scene of the accident, then according to the auto civil law the pedestrian is subject to compensation in the form of a compensation payment; basis – paragraph 1 of Article 18 of the Federal Law “On Compulsory Motor Liability Insurance”.

And even more unexpected - even if the pedestrian is at fault, he will still be able to receive compensation from the car owner's insurance. But we’ll talk about this possibility a little lower – in terms of civil liability.

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A pedestrian hit at a crossing - when does criminal liability arise?

A management company may be appointed in 2021 in cases where:

• the pedestrian who was hit suffered serious injury,
• he was shot down to death.

By the way, there is no longer any difference between an accident and a pedestrian being hit, or an accident with another car and its driver or passengers being injured.

At the same time, serious harm to health in criminal law means the following consequences for a pedestrian (according to PPRF No. 522):

• if the consequence was disfiguring scars on the face of the person who was hit,
• the citizen’s overall ability to work is lost by more than a third, or the employee’s professional bias is completely lost,
• when a pedestrian, as a result of a collision, has lost his sight, hearing, or another organ has ceased to function, or it is completely lost,
• when the injury has a risk of death,
• if you hit a pregnant woman and the fetus died as a result,
• when the damage led to mental illness.

If serious damage to health is caused due to the driver’s negligence

Please note that here and below we are talking specifically about the case if you hit a pedestrian, and at the same time you are charged with a traffic violation related to this accident (which caused the collision).

In case of causing serious damage to the health of a pedestrian, the driver faces one of the punishments chosen by the judge, from forced labor to imprisonment. But depending on whether the driver is intoxicated (refusal of examination is equivalent to intoxication), different articles of the Criminal Code are applied.

If the driver was sober, then for grievous harm when hitting a pedestrian he faces (at the discretion of the court in order of severity of punishment):

• restriction of freedom up to 3 years,
• forced labor for up to 2 years,
• arrest for up to six months,
• imprisonment for up to 2 years.

All these measures are provided for by Part 1 of Article 264 of the Criminal Code.

But if the driver is drunk, then the liability becomes stricter (Part 2 of Article 264 of the Criminal Code):

• forced labor for up to 3 years,
• imprisonment for up to 4 years.

What to do if you hit a person

The driver's procedure for colliding with a pedestrian is as follows:

• stop the car and turn on the emergency lights;
• protect the victim, protect him from other vehicles;
• put up a warning triangle;
• call an ambulance and traffic police patrol;
• turn off the DVR recording (if available) so that a recording of the moment of the accident is preserved;
• provide first aid to the victim (if the driver does not have such skills, then it is better to wait for the doctors to arrive so as not to cause even more harm);
• wait for the arrival of the specified services and be present when the accident report is completed.

Important : the injured citizen must not be released; he may be in an inadequate state due to shock. Another option: a pedestrian who fled the scene of an accident after some time can file a statement with the police that the vehicle that hit him left the scene of the accident.

What is the punishment if a pedestrian is hit and killed?

Let's continue the topic of criminal liability when a pedestrian road user suffers injuries incompatible with life as a result of an accident.

If the hit pedestrian died as a result of the accident, then the sober driver, as of 2021, faces (part 3 264 of the Criminal Code):

• forced labor for up to 4 years,
• imprisonment for up to 5 years.

But if the driver was drunk at the time of the accident, then the responsibility becomes stricter again - the driver will be sentenced to imprisonment for 2-7 years (Part 4 of Article 264 of the Criminal Code).

If you hit several people to death

In this case, the responsibility becomes even stricter. For a collision with 2 or more people who die as a result of an accident, the driver will be punished in the form (Part 5 of Article 264 of the Criminal Code):

• forced labor up to 5 years,
• imprisonment for up to 7 years.

If the motorist is confirmed to be intoxicated, then he is threatened with Part 6 of Article 264 of the Criminal Code with imprisonment from 4 to 9 years.

Arbitrage practice

Accidents at crossings involving citizens traveling on foot occur every day in different regions of the country. Judicial practice in such cases is very diverse; for illustration, let us consider two illustrative and frequently encountered examples.

Gr. Ivanov, driving his car along the street, did not notice a man at an unregulated, unlit pedestrian crossing, but managed to brake at the very last moment. The victim fell and suffered a bruise to his arm. Traffic police officers and an ambulance were called. At the court hearing, Mr. Ivanov was charged, according to Art. 12.24 of the Code of Administrative Offenses, the penalty is a fine in the amount of 3,000 rubles and compensation was awarded to the injured pedestrian in the amount of 2,000 rubles.

Gr. Petrov, being drunk at the wheel of his car, drove through a red light and hit a citizen. Sidorov at a pedestrian crossing. Witnesses to the incident called an ambulance and the traffic police. The injured gr. Sidorov died on the way to the hospital. After considering all the circumstances of the accident, the court sentenced Mr. Petrov according to Part 4 of Art. 264 of the Criminal Code of the Russian Federation to 5 years in prison.

Hit a pedestrian in a place not allowed for crossing or due to the pedestrian’s fault

In this case, everything becomes more complicated for the pedestrian in terms of liability, and the hit pedestrian still has legal rights. But, alas, responsibility will not be completely removed from the driver, even without his fault in the accident.

And, if everything is clear for a pedestrian: he violated traffic rules - pay for damage to the car, then what is the matter with the driver, why should he be punished without being guilty?!

The answer to this question is given by Article 1079 of the Civil Code of Russia. It is he who defines the vehicle as a vehicle of increased danger, and the driver as the owner of a source of increased danger (IPO). But most importantly, the Civil Code of the Russian Federation regulates that the operator of an IPO, regardless of guilt in an accident, must compensate for the damage caused by such a source.

There are two exceptions to this obligation in our case:

• when a pedestrian deliberately jumped under the wheels (and this still needs to be proven),
• when the collision occurred under the influence of force majeure.

Thus, the following drivers are recognized as owners of IPO:

• cars in a collision with pedestrians or cyclists,
• even bicycle drivers in accidents with pedestrians.

As a consequence of this established practice of legislation in 2021, we find that if a pedestrian is at fault in an accident involving a car and a pedestrian, then regardless of the outcome and consequences for both participants, the pedestrian pays for the restoration of the car, and the driver pays for the harm caused to the pedestrian (even in absence of the driver’s fault)… However, the damage to the pedestrian is paid for by the motorist’s insurance under MTPL, if he has valid insurance.

Most often, accidents involving a collision with a pedestrian due to the latter’s fault occur:

• on a country road,
• on long highways,
• in places of heavy pedestrian traffic, where some representatives of this category of road users are simply too lazy to reach the pedestrian crossing.

Another unpleasant surprise in the legislation of 2021 - if suddenly a driver hits a pedestrian and flees the scene of an accident when the pedestrian is at fault, then the owner of the car will be responsible, because Article 1079 of the Civil Code refers to the owners of vehicles as sources of IPO. Of course, this is provided that the escaped driver is not identified, and the car itself is known by license plates. But even in this case, the damage to the pedestrian is covered by the car owner’s compulsory motor liability insurance.

Controversial situations and ways to avoid punishment

It happens that during an accident with the death of a pedestrian, controversial situations arise when the driver is not to blame for his death . If this is proven, then the severity of the punishment will not be determined or the court will come to the driver’s defense.

For example:

• when a pedestrian crosses the road in the wrong place, and the driver did not see him. At the same time, all traffic rules were observed, the speed was not exceeded;
• when a pedestrian created a situation in which it was necessary to collide with other vehicles or a crowded place;
• a drunken pedestrian on the road creates the risk of an accident (you can find out more about what to do if a driver hits a drunk pedestrian here).

In any case, it is difficult to prove the guilt of a pedestrian, especially if he died himself. Most of the responsibility will always remain with the driver, but he has the right to protect himself from false accusations.

False accusations can be countered by doing the following::

1. collecting evidence that the pedestrian violated traffic rules;
2. prove compliance with traffic rules by the driver;
3. pay attention to the completion of documentation by police officers;
4. contacting a lawyer;
5. do not give any testimony until the lawyer arrives.

Compliance with these actions should ensure legal safety for the driver.

The driver's actions in this case

Rely on these rules:

Be sure to write down the details of the persons so that they can be found and called to court as witnesses.

If you don’t indicate something, it will be difficult to defend your case later.

• It is advisable to call your lawyer to the scene of the accident, who will participate in the inspection of the vehicle. If you don’t have a car lawyer, urgently call your relatives so that they can find one.

Remember one important detail - do not give any testimony until the lawyer arrives! After all, every carelessly spoken word can subsequently result in imprisonment for the maximum possible term.

Under no circumstances flee the scene of the accident. Such an act will be considered an aggravating circumstance when making a court decision.

The driver's actions in this case

Rely on these rules:

• leave the car in the same place, do not drive it away under any pretext. In cases where the car is removed from the roadway in order not to create obstacles to the movement of other vehicles, the driver will face liability for violating traffic rules (clause 2.5) in the form of deprivation of his license for 1.5 - 2 years;
• then examine the victims and assess their condition. If the person is alive, immediately call an ambulance and (if possible) begin providing first aid to the victim;
• call the police. The traffic police and an investigation team will go to the scene of an accident involving the death of a person;
• look for witnesses to the incident. A fatal accident will be considered in accordance with the Criminal Code, and eyewitness testimony will become a powerful argument in determining innocence;

Be sure to write down the details of the persons so that they can be found and called to court as witnesses.

• Before the traffic police representatives arrive, you can inspect the road. Hazard signs are posted at the point where the braking mark begins. This will allow experts to correctly determine the speed at which the vehicle was moving;
• If there are fragments of glass or other car parts, their location should be recorded. The culprit of the accident? Such elements will help experts determine the location where the collision between the car and the pedestrian occurred. It is worth paying attention to road signs, slopes and the presence of potholes on the roads;
• all elements that are associated with an accident should be photographed;
• when the authorized bodies draw up documentation, check whether all circumstances are correctly reflected and whether the measurement indicators are error-free. Do not sign anything until you are sure that the information provided is correct. It is allowed to express disagreement with individual written points - it will be submitted in the form of a comment;

If you don’t indicate something, it will be difficult to defend your case later.

• It is advisable to call your lawyer to the scene of the accident, who will participate in the inspection of the vehicle. If you don’t have a car lawyer, urgently call your relatives so that they can find one.

Remember one important detail - do not give any testimony until the lawyer arrives! After all, every carelessly spoken word can subsequently result in imprisonment for the maximum possible term.

Under no circumstances flee the scene of the accident. Such an act will be considered an aggravating circumstance when making a court decision.