Hitting a pedestrian - negligence, leaving the scene of an accident - intent

In 2021, more than 168,000 road accidents with injuries were registered. Every year thousands of people are injured or killed on the roads. Who is the victim in an accident: a person or group of persons whose rights were violated as a result of a crime. Violations affect health and property. The course of action in case of an accident is determined depending on the circumstances. If people were injured in an accident, first of all it is necessary to call doctors and provide first aid. Drivers will notify insurance companies soon to receive payments.

What should a victim do after an accident?

There are enough recommendations on the Internet for drivers involved in road accidents. The algorithm of actions in case of an accident is less clear for victims. The sequence of actions after a traffic accident depends on the status of the victim. First of all, it is important to remain calm and not panic. Calmness and a rational approach can save someone's life in a car accident. The optimal course of action in case of an accident with victims will be advised by a lawyer specializing in this field.

Victim - driver

In accidents, drivers, passengers and pedestrians can all be injured. Often the perpetrators try to avoid responsibility or escape from the scene of an accident. This aggravating circumstance will increase the punishment in the future. The procedure to follow in an accident with victims, if the driver is also injured:

1. Turn off the engine and turn on the hazard lights and handbrake;
2. Inspect yourself and passengers for damage;
3. If the injuries are minor, make sure that there are no casualties in the second vehicle;
4. If the driver is seriously injured, call an ambulance by mobile phone or ask passengers, participants in the accident or passers-by to do so;
5. Place warning triangles 15 m before the car within the city, 30 m outside the city;
6. Call the traffic police and, if possible, take a photograph of the accident scene to record the exact position of the vehicles.

At the first opportunity, it is necessary to remove cars from the road and not create obstacles to traffic (clause 2.6.1 of the Russian Traffic Regulations). When all participants have been helped and the drivers have made sure that the lives of those around them are safe, you need to call the insurance company and a lawyer. A lawyer will help coordinate further actions. Behavior in the first hours after the incident is very important. The lawyer will tell you the correct procedure to take in case of an accident: what documents to check, what contacts to take, what you can say, etc.

Additionally

People react to stressful situations in different ways. A traffic accident can frighten, put you into a state of passion or stupor. Important recommendations immediately after an accident:

• If objects and vehicles left at the scene do not pose a threat to others, they should not be touched. Even if other participants in the accident or passers-by ask to remove the vehicle from the road, this cannot be done. The driver risks becoming a victim of auto fraud or being left without compensation. It is recommended to insist on compliance with traffic rules.
• If the other party behaves aggressively, the police should be called along with medical assistance. In case of threats or attempts to use physical violence, you must lock yourself in the car and lock the doors.
• When getting out of your car on a busy highway, use caution.

In case of serious injuries, the driver should not move independently. Try to remain where you are until help arrives.

Victim - passenger

A car is an object and a source of increased danger. Passengers entrust their lives to drivers while traveling on the road. Both drivers involved in an accident are responsible to the passengers. What to do after an accident if you are an injured passenger:

1. Ask the driver to stop and turn on the hazard lights;
2. Check your condition;
3. If there are children in the cabin, adults are still checked first;
4. Call an ambulance if necessary;
5. Leave contact information to the traffic police officers and the driver.

The procedure for considering traffic accidents at the State Traffic Safety Inspectorate involves interviewing witnesses. If passengers require hospitalization, evidence will be collected later. For minor injuries, reports are drawn up on site. In a dialogue with participants, it is easier to find out whose insurance is paying for restoration costs, exchange contacts, etc.

Responsibilities provided for by the Civil Code

The fact that the driver is responsible in any case is stated in Article 1079 of the Civil Code of the Russian Federation. This is due to the fact that driving a car is an activity that creates an increased danger for others, and the obligation to fully compensate for harm, according to the law, rests with the owner of the source of danger. Exceptions are those cases when:

• the vehicle is no longer in possession of the owner due to the fault of third parties or force majeure;
• An accident with minor injuries occurred as a result of the malicious intent of the victim (unfortunately, cases of fraud do occur).

Responsibility of the culprit of an accident with victims

The driver's liability and subsequent punishment for an accident with injuries depends on the severity of the injuries received by those involved in the incident. Depending on the circumstances of the accident and the nature of the injuries of the participants, the culprit is charged with a certain type of liability (civil, administrative, criminal). What threatens the person accused of an offense on the road:

• Compensation for victims. Liability is of a civil nature. The payment is made by the insurance company under the MTPL policy. You can determine which insurance company to contact in the event of an accident based on the policy of the at-fault party. It contains the name and contacts of the company that will pay compensation.
• Fine or deprivation of rights. An administrative offense is qualified in cases where participants received minor or moderate injuries. Punishment for an accident with victims is determined in accordance with Article 12.24 of the Code of Administrative Offenses of the Russian Federation.
• Criminal penalty. Punishment in accordance with the norms of the Criminal Code of the Russian Federation is imposed if there are people seriously injured or killed in an accident.

If, in the opinion of victims, the perpetrator has not been sufficiently held accountable, they have the right to go to court after initial proceedings. The court will also help you obtain compensation if the insurance payment did not cover all expenses. In litigation, it is important to choose an experienced lawyer. Lawyers specializing in road accidents and helping victims are more likely to lead a client to a successful resolution of the case.

Responsibility for an accident by severity

As mentioned above, the severity of the punishment depends on the degree of damage to health. Liability for an accident with moderate injuries can reach 2 years of imprisonment, as well as deprivation of a driver’s license. In case of serious injuries or death of victims, the punishment reaches 5-7 years.

Administrative fines for mild injuries amount to 2.5-5 thousand rubles. Depending on the circumstances of the car accident, the driver pays compensation or may be deprived of his license for up to one and a half years. The driver's liability is determined by the severity of harm to people's health:

• Easy. Minor injuries include abrasions, contusions, bruises and minor cuts. The total time of treatment and disability does not exceed 21 days. Temporary disability means a partial disorder of one of the body systems.
• Average. Moderate injuries include bone cracks, severe sprains or tears of ligaments, muscles, and fractures. The maximum health recovery time is 120 days.
• Heavy. Human life and health were in serious danger. Severe injuries include traumatic brain injuries, loss of limbs, etc. The key feature of this degree is a deterioration in the quality of life forever or for a long period. Recovery from 120 days or more.

The severity of the punishment largely depends on the quality of the legal preparation of the parties and the professionalism of the lawyers. The competence of legal assistants includes the search for mitigating circumstances to reduce sanctions against the accused.

If the victim left the scene of the accident

According to Part 1 of Art. 12.27 of the Code of Administrative Offenses, victims do not have the right to leave the scene of an incident without a good reason. Even if a passenger was injured in the accident, he must remain to draw up a report and give testimony. Hiding from the scene of an accident is allowed only if hospitalization or medical care is necessary. If the victim left the scene of the accident without permission, he may face administrative liability in the form of a fine.

If the victim left the scene of the accident, find him in the interests of other participants. It is especially important to find those involved in the accident whose insurance is paying for the damage. To search for pedestrians and passengers, they use the testimony of eyewitnesses and acquaintances, photographs from street cameras. When the injured driver leaves, it is recommended to write down the license plate number of the vehicle. This will help traffic police officers find the owner of the vehicle.

Criteria for serious harm to health as a result of an accident

What kind of injuries a victim has are classified as serious is stated in Decree of the Government of the Russian Federation No. 522. But what exactly medical experts classify there is determined by Order of the Ministry of Health No. 194n. Let's take a closer look.

Clause 6 states that serious harm to health is a head wound that damaged the skull or intracranial injury. As well as various fractures of the spine, neck, ribs, rupture of internal organs, and abdominal wounds.

All these criteria help in medical research to give the correct conclusion. After all, the fate of the person responsible for the accident depends on their answer. It is noteworthy that experienced experts can determine harm “by eye,” but there are also difficult situations.

If several injuries are received, each of which worsens the victim’s situation, the most severe of them will be considered the final diagnosis. When doctors saved a person from death, no one will acquit the accused. All injuries will be determined based on reality and stated at the time of arraignment.

Where to go after an accident with victims

The company where to contact the victim after an accident under compulsory motor liability insurance is determined by the driver’s insurance policy. According to Art. 1064 of the Civil Code of the Russian Federation, the culprit is obliged to compensate for the damage caused to other road users in full. Whose insurance company should I contact:

• If the drivers' policies are issued by different companies, you should first call the at-fault party's insurer. The victim can apply for payment within 5 working days from the date of the accident. You can find out whose insurance company pays for the injury from the person at fault. Write down the name of the organization and the hotline number.
• Insurance payments to injured passengers are awarded on both sides. The life and health of passengers during travel are the responsibility of the driver. Compensation can be awarded from both the culprit and the second driver.

Payments under compulsory motor liability insurance are assigned for each passenger and driver who received damage. Compensation is also provided to pedestrians if they were hit.

Compensation is calculated based on the severity of injuries. For one injured individual, one insurance company can pay up to 500 thousand rubles under compulsory motor liability insurance. If it is impossible to compensate for all damages under compulsory motor liability insurance, passengers can file a claim in court. The defendant will be the person responsible for the traffic accident. The latter is obliged to eliminate all damage to the health of the victims under insurance and from his own funds.

Should the person at fault for an accident pay money to the victims?

The law does not provide for automatic payments from those responsible for the accident. The Civil Code clearly regulates who pays the victim: the insurance company if there is a compulsory motor liability insurance policy. How to receive payment from the insurer:

• Stay at the scene of the accident. The only reason to leave the scene of the accident is to take the victims to the hospital if it was not possible to call an ambulance. The culprit must return to drawing up the protocol.
• Call your insurer. During the conversation, it is recommended to clarify how best to send notice of the occurrence of an insured event to the company. If the driver notifies the insurance company after 5 business days, the payment will be legally denied.
• Write down the contact details of the victims. If the vehicle was not damaged, it is recommended to obtain a receipt from the other party indicating that there are no property claims.
• Get in touch. There is no need to hide from victims and the insurer. It is important to answer calls and attend meetings. Getting in touch will help you stay up to date with matters, additional expenses, and required examinations.
• Provide accurate information. The insurer pays funds only to compensate for actual damage to health and property.

Please note that insurance companies do not compensate for moral damages. Compensation for mental suffering caused is collected in court directly from the culprit. According to the claim, it is possible to recover additional funds if the insurer’s payment is not enough to fully restore the victim’s health.

Compensation for material and moral damage

Motor vehicles must be insured under MTPL. Thanks to this rule, it is possible to compensate the victim for damage not at his own expense, but with the help of an insurance company.

In order to receive the money due from the insurance company, a citizen needs to collect a package of documents, for example, such as a notification of a traffic accident, a certificate from the hospital describing the harm caused. They are issued by the investigator as part of a criminal case.

You can apply for compensation for additional damage to the investigator by filing a petition for recognition as a civil plaintiff. At the same time, it is possible to file a claim in civil proceedings. Please note that compensation for damages filed separately will only be considered after a guilty verdict has been passed against the culprit!

Of course, if the court awards a larger amount than the insurance company has already given to the victim, the driver will return the remaining difference from his own pocket. If all the conditions specified in the MTPL agreement are met, additional costs can be avoided.

How long does it take to deal with an accident involving victims?

There is no legislative regulation on how long an investigation into an accident with victims lasts. The actual term depends on the qualification of the offense:

• In case of civil liability, the case will be resolved in 30-60 days. It all depends on the efficiency of the traffic police inspectors and the speed of reaction of the insurance company. Consideration of an accident involving victims by the insurer takes no more than 30 days from the date of acceptance of the application.
• The time frame for consideration of an administrative case is regulated by Art. 29.6 Code of Administrative Offenses of the Russian Federation. The maximum period for conducting an administrative process is 2 months from the date the judge received the protocol.
• A criminal investigation can last almost indefinitely. There are no technical restrictions on the consideration of road accidents with victims and the conduct of the process by the law. Sometimes the investigation into an accident with victims is deliberately delayed by the lawyer of one of the parties.

The limitation period for road traffic accidents is a general rule, established by the Civil Code and is 3 years. The period is counted from the date of recording the offense (drawing up a protocol). The parties may file claims related to the case for three years. After the expiration of the SIA, it is also possible to go to court, but the defendant will terminate the process with a motion to end the statute of limitations.

Contact an accident lawyer in Tyumen for advice and assistance in cases involving accidents with victims. A lawyer will advise you immediately after the incident, help you determine further actions, avoid getting confused and prevent violations in drawing up the protocol. An auto lawyer will assist you in the legal process, help you recover compensation for victims or reduce the severity of punishment for the accused.