An accident involving a pedestrian is a very common occurrence, and it is sad when it results in death. If an accident occurs, it is very difficult to sensibly assess the situation.
In such cases, it is better to make yourself a reminder of actions so as not to get confused. Ordinary actions will invigorate the mind and prevent you from making mistakes that will lead to worse consequences. It is important to remember that an accident involving the death of a pedestrian is a complex and scary situation. In any case, the driver is primarily responsible for this.
What fine and/or other preventive measures are provided?
An accident involving a pedestrian being hit to death requires a number of procedures and the completion of specialized documentation, after which a conclusion is made - the culprit is given a fine for hitting a pedestrian or another preventive measure. The case is being conducted by the court and traffic police officers, they consider the case of violation and decide whether to initiate a criminal case or not (the case is under Article 109 of the Criminal Code).
Before imposing a punishment, you should pay attention to the collection of mitigating and aggravating circumstances (for example, weather conditions, the moral and physical condition of the pedestrian or driver, lighting, the condition of the road surface and the car). The culprit is awaiting punishment for 10 days.
Each case of an accident involving a fatal pedestrian is individual, but the culprit bears a fine or punishment in the standard form:
- confiscation of driver's license;
- imprisonment for up to 7 years;
- forced labor for up to 4 years;
- monetary and material fines.
Each incident has nuances that vary the terms of service and punishment . For example, aggravated: more than two people died while intoxicated. For this, the driver is imprisoned for up to 9 years.
If the driver is at fault
The driver's fault in most cases occurs when traffic rules are violated or simple inattention. For example, speeding in front of a pedestrian crossing or in a crowded place, untimely braking or dangerous maneuver by vehicles.
A frequent location for road accidents with an increased mortality rate is a pedestrian crossing (controlled and uncontrolled). The incident here is considered under Article 13, paragraph 1 of the Traffic Regulations, and the driver’s guilt is proven under Article 264 of the Criminal Code.
You can find out more about the punishment for hitting a pedestrian at a pedestrian crossing here, and you can read in more detail about what the fine will be for not allowing a pedestrian to cross a zebra crossing in this material.
If a dangerous situation was caused by someone crossing the road
The blame for an accident lies with the pedestrian if he provoked a dangerous situation or set up the driver . For example, in practice there are many cases of collisions with pedestrians at night - it is very difficult to see a person in dark clothes, without reflectors on them, in an unlit place on the street - it is not easy for the driver to quickly react and control the controls.
A dangerous situation is created by drunken pedestrians walking along the road, children playing near it, and people who do not know the traffic rules.
A pedestrian guilty of the death of a driver or other persons is punished with imprisonment from 4 to 7 years. If a pedestrian causes an accident but dies, the driver bears administrative and criminal liability for this. But, if during the investigation the undeniable guilt of the pedestrian is proven, then the investigation may take the side of the driver’s defense.
If the driver is intoxicated
The state of alcoholic intoxication of a motor vehicle driver, as well as leaving the scene of an accident, is an aggravating circumstance when dealing with an accident involving the death of a pedestrian. According to Article 264 of the Criminal Code of the Russian Federation (Part 4), a drunken or runaway driver who hits a pedestrian to death receives a sentence of 5 to 12 years. According to Part 6 of the same article - from 8 to 15 years in case of death by two or more persons.
If you fled the scene of an accident
Leaving the scene of an accident resulting in the death of a pedestrian entails not only an administrative, but also a criminal violation of traffic rules. According to the circumstances of the violation, the degree of punishment is revealed; leaving the place is an aggravating fact. A driver who leaves the scene of an accident, leaving a dead pedestrian (or dying) is liable under the following articles:
- If minor or moderate harm to health is caused - 12.27 Code of Administrative Offenses, Part 2 - deprivation of a driver's license, arrest for 15 days;
- If grievous harm was caused - 264 Criminal Code part 2 - forced labor for a term of up to 5 years or imprisonment for a term of 3 to 7 years.
Causes and statistics of accidents with pedestrians
Most often, drivers are responsible for accidents at pedestrian crossings. This happens for the following reasons:
- over speed;
- traffic violation;
- poor visibility at an unregulated crossing;
- lack of driving skills;
- a sudden acute attack of any disease, for example, a heart attack;
- severe fatigue, inadequate reaction to the situation on the road;
- vehicle malfunction;
- difficult road conditions, for example, ice.
An accident caused by a pedestrian can be caused by:
- non-compliance with traffic rules;
- alcohol or drug intoxication;
- a sharp deterioration in health.
The factor of chance is present in the case of guilt of both the driver and the pedestrian. But according to statistics, the proportion of such accidents is much smaller than accidents caused by other reasons.
Here are the statistics of accidents at pedestrian crossings involving pedestrians according to the State Traffic Safety Inspectorate of the Russian Federation for 2022 (data taken from the official website of the State Traffic Safety Inspectorate):
- number of accidents - 19,591, of which: due to the fault of drivers - 16,871;
- due to the fault of pedestrians - 1733;
For comparison, the same indicators for 2016:
- number of accidents - 18,498, of which: due to the fault of drivers - 15,573;
- due to the fault of people on foot - 1639;
The trend is disappointing: the number of accidents at pedestrian crossings is showing an increase. The ratio of at-fault drivers to at-fault pedestrians remains the same: approximately 10 to 1.
Liability for a fatal collision
In the event of a hit-and-run accident, the driver of the vehicle bears responsibility:
- civil;
- criminal;
- administrative;
- legal;
- property;
- material.
Material
- Article 1064 of the Civil Code talks about material compensation for damage after a collision. For example, this is damage to clothes, mobile devices, bicycles;
- According to Article 1085 of the Civil Code, the driver is obliged to compensate for the damage caused to health: to pay for a course of treatment, medications, a recovery course, and care for the victim.
If there is compulsory motor liability insurance, it covers damage (but not more than 400 thousand rubles and 475 thousand for treatment for lost income, 25 thousand for funeral).
- Harm caused to the person or property of a citizen, as well as harm caused to the property of a legal entity, is subject to compensation in full by the person who caused the harm.
By law, the obligation to compensate for harm may be imposed on a person who is not the cause of harm. The law or contract may establish the obligation of the harm-doer to pay compensation to the victims in excess of compensation for harm. The law may establish the obligation of a person who is not the causer of harm to pay compensation to victims in excess of compensation for harm. - The person who caused the harm is released from compensation for harm if he proves that the harm was not caused through his fault. The law may provide for compensation for harm even in the absence of the fault of the harm-doer.
- Damage caused by lawful actions is subject to compensation in cases provided for by law. Compensation for harm may be refused if the harm was caused at the request or with the consent of the victim, and the actions of the harm-doer do not violate the moral principles of society.
Property
According to Article 1085 of the Criminal Code, the culprit driver will be liable for compensation for damage caused during a collision and resulting in death. Damage is compensated to the relatives of the deceased in the following order:
- funeral expenses;
- maintenance of family or relatives left without guardians;
- compensation for moral damage under civil liability.
Criminal
The culprit of the accident bears criminal liability . Punishment for a pedestrian who was hit to death under Article 264 of the Criminal Code is imprisonment for a term of 3 to 12 years.
It is important to consider factors that influence the degree of punishment. They can either increase or decrease the period.
For example, the state of intoxication of a driver or pedestrian, leaving the scene of an accident, the number of people hit, weather conditions.
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.
What to do if an accident occurs?
According to the rules of the traffic rules, article 2, clause 6, a driver who hits a pedestrian must take the following actions:
- do not leave the scene of an accident;
- if the person can still be saved, then provide him with first aid;
- call an ambulance and wait for it to arrive;
- call the traffic police;
- clear the roadway for other traffic so as not to create a traffic jam, this will allow an ambulance to arrive (be sure to first record the position of the car during an accident and other circumstances in a photo or video for evidence in the case);
- according to Art. 2 clause 5 of the traffic rules, you can not touch the car if it does not interfere with traffic (it is important not to forget to put up an emergency sign);
- record data from eyewitnesses and transfer them to authorities;
- if you are insured, then call the company and report the incident, you can contact a lawyer.
It is important not to get confused if an accident occurs. Maybe you can still save a person. In this case, you do not need to have a special medical education, but you can do the basic things in your hands - stop the bleeding, perform artificial respiration, perform a closed cardiac massage, apply bandages to the fractures.
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::
- collecting evidence that the pedestrian violated traffic rules;
- prove compliance with traffic rules by the driver;
- pay attention to the completion of documentation by police officers;
- contacting a lawyer;
- do not give any testimony until the lawyer arrives.
Compliance with these actions should ensure legal safety for the driver.
Features of the crime
If a citizen is the culprit of an accident, then liability is provided for in Chapter 27 of the Criminal Code. In the event of an accident with a pedestrian, when his death occurs, the punishment will be imposed in accordance with Article of the Criminal Code No. 264.
It also defines the elements of this crime. If the death of a pedestrian occurred directly at the scene of the accident, then the guilt of the person driving the vehicle will be established based on the facts of failure to comply with traffic regulations.
During the court hearing, all existing circumstances of the accident will be taken into account. In this case, it will not be possible to recover from a person the material and moral damages of a relative of a citizen who died in an accident.
Any crimes with a lethal outcome are the most serious, and in this case, a vehicle is an object that poses an increased danger to other road users.
Based on this, a driver who even slightly violates traffic rules is found guilty and punished. If a pedestrian is hit to death, the court, when considering the crime, will take into account all the circumstances, including how the driver of the vehicle tried to prevent the accident. The severity of the punishment will be determined based on the following circumstances:
- the number of people injured in the accident;
- number of citizens injured;
- what condition the driver was in at the time of the accident;
- whether the driver has committed similar crimes in the past.
Punishment will not be imposed only in the event of the death of the person responsible for the accident or voluntary reconciliation with the relatives of the deceased citizen.
How can the traffic police prove your involvement in the accident?
The traffic police inspector, according to Article 25.1 of Part 1 of the Code of Administrative Offenses, is obliged to inform the violator and prove his guilt . But the inspector is not obliged to justify his evidence in the accusation to the driver, but only presents it. It is important to remember that according to the code, the presumption of innocence in relation to traffic rules does not apply, although it is possible to appeal the decision (the culprit is given a period of ten days).
The traffic police officer is responsible for maintaining the safety of citizens, therefore he has the right to accuse of violation. The employee is not required to prove guilt in an accident on the spot, but he may have testimony and evidence at his disposal (for example, a video recorder, road surveillance cameras, photographs of eyewitnesses). In this case, the driver receives a whole package of evidence with justification during the investigation.
If the culprit does not agree with the accusation, then this should be indicated in the protocol and ask for a copy of it to send to the court for appeal. A traffic police officer who has photo and video evidence must indicate it in the protocol , and also records the data of the technical device or means that filmed the incident. If the inspector reported the materials, but did not write about them in the protocol, it is necessary to indicate this deviation in the protocol. The inspector may record a conversation when a violation is accused.
The method is designed for emotionally unstable drivers who cannot conduct a conversation competently and do not know how to use legal terms - the driver’s breakdown will be another proof of guilt. The inspector can prove the driver’s guilt, which will be recognized in court, if the driver signs the protocol, which does not indicate evidence of his guilt.
If such a circumstance is noticed, then sign only after the accused points out this discrepancy and the actions of the traffic police officer or writes disagreement with the accusation. If there are suspicions that the actions of a traffic police officer are illegal, then you should risk reminding him of Article 12.35 of the Code of Administrative Offenses.
It is important to remember that knowledge of the law will protect the driver from false accusations and will allow him to behave competently when detained.
Some nuances about where the driver hit the pedestrian are also important:
- outside the pedestrian crossing;
- on the sidewalk and in the yard.
Driver's first actions
It is important to assume that any fatal accident is stressful for a person. To begin with, it is important to calm down and not take rash actions. Experienced lawyers recommend taking the following steps if you are involved in an accident and the death of a pedestrian:
- We stop the car, turn off the engine and turn on the emergency lights. Next, we get out of the car and put up a warning triangle to avoid an accidental accident involving other vehicles.
- We check the condition of the injured party. If the culprit does not have a medical education, it is better not to touch the victim.
- We call an ambulance and the police. It is important to be in close proximity to the injured person. If this is not possible, you can ask witnesses to the incident or other passengers in the car to do so.
- Before the ambulance and police arrive, we interview people who saw the situation with their own eyes and record their testimony.
- We take photos of the event site from different angles. It is important to pay special attention to the length of the braking distance. If there is a recording from the recorder, it is advisable to save it.
- We get acquainted with the papers that are drawn up by the traffic police officers, sign them and take copies.
- We turn to an experienced lawyer for help. It is important that a person has the skills to solve such problems.
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It is worth understanding that the decision of the judicial authority and the degree of guilt largely depend on the correctness of the actions of the person responsible for the accident. Until the police arrive, touching anything is prohibited, as is leaving the scene of the accident. It is important to quickly come to your senses and collect evidence that will allow you to protect your interests in court in the future.
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