Is the driver to blame if he hits a pedestrian: help from a lawyer

Colony-settlement

. Drivers sentenced to imprisonment end up in specialized colony settlements, where life is in many ways reminiscent of the army way of life. In some cases, they are allowed to leave the colony. In the absence of disciplinary sanctions, you can leave before the appointed time through the parole procedure.

The accused driver tried to attract witness colleagues who worked with the victim: they confirmed his good physical shape. But the court did not take this testimony into account.

We are not trying to shield the driver: maybe he is really guilty. This is what we're talking about: in the event of a collision with a pedestrian, a wide field opens up for manipulation, intentional and involuntary. A slight change in parameters is enough, and the situation is turned upside down. Let’s add to this the peculiarities of Russian justice, the qualifications of experts, the ability to “buy” witnesses, and it turns out that if you want, you can make almost any driver guilty. In addition to malicious intent, courts often do not want to delve into the smallest details of the case that seem important to the accused.

Practicing lawyer Lev Voropaev

said the following: “I specialize in administrative cases, that is, when a pedestrian’s health is slightly or moderately harmed, however, in 80–90% of cases the driver is found guilty. There was a case not long ago when a pedestrian was walking through a red light, and yet the driver was deprived of his license.”

What to do if you hit a pedestrian?

If the driver of a vehicle collides with a pedestrian, the following actions must be taken:

stop the vehicle and do not move it under any circumstances (changing the place where the car is stopped will complicate the trace analysis and may present your actions in a negative way), inform the traffic police about the incident
immediately provide first aid to the victim and call an ambulance, if necessary, deliver the pedestrian to the hospital in person and be sure to inform the traffic police that you are leaving the scene of the accident to urgently transport the victim to the hospital
in any case, try to video or photograph the scene of the accident, take contacts, data of eyewitnesses of the accident to transfer to the traffic police or summon them to court;
do not refuse to undergo a medical examination
notify your insurance company about the incident
contact a lawyer, because you will face legal proceedings both for violating traffic rules and causing damage to a pedestrian

IMPORTANT : when drawing up documents on the fact of an accident, take an active part in their preparation, provide all the information proving that you are not the culprit of the accident, make sure that all data is correct, if you disagree with any circumstance set out in the documents, indicate that you do not agree with them and sign next to your note of disagreement.

One wrong word and you'll go to jail

Lawyers note that it is important not to get confused about the terms. An incorrect remark will be enough for the inspector to draw up a protocol with incorrect data, according to the driver, and then - deprivation of rights and a suspended sentence. It is strictly forbidden to call emergency braking sharp. Sharp braking leads to skidding, which increases the braking distance. Sharp braking is an incorrect action from the point of view of traffic regulations, which can lead to an emergency situation. Skidding a car during emergency braking should in no case be called pulling the car to the side. A diversion, especially if there are casualties or deaths, is almost 100 percent an issue.

Unlocking the wheels, which is necessary to maintain the trajectory, should in no case be called stopping braking and releasing the brake pedal. Such terms will be interpreted by the investigation not in favor of the driver.

It is necessary to warn the pedestrian with a light and a signal at the same time as braking. The bottom line is that, from the point of view of traffic regulations, flashing high beams and honking horns before applying emergency braking are incorrect actions on the part of the driver, and the court can interpret them as the cause of a collision.

There is also no need to tell the inspector about feeling unwell, not to mention the technical problems of the car. The fact is that a painful, tired and nervous state sharply worsens the driver’s reaction. According to the rules, it is prohibited to drive a car in a painful condition that threatens safety (dizziness, nausea, suffocation, pain). Thus, the painful condition will be interpreted not in favor of the driver. In such situations, you can’t take the pity of inspectors either, and an obvious lie can be recorded and in court will become evidence of guilt.

The simple rules described above will help not only to correctly file an accident, but also to provide the driver with “emergency legal assistance.” Further, based on the right actions and the right words, lawyers in court will prove innocence.

How does a pedestrian collision investigation proceed?

The traffic police primarily establishes the circumstances of the collision with a pedestrian:

records data of participants in road accidents
a report of the inspection of the scene of the incident is drawn up
an accident diagram is drawn up
Videos or photos of the accident are examined
interrogation is carried out: the victim, the driver, eyewitnesses and witnesses
The driver is asked to undergo a medical examination

At this stage, the driver must do everything possible to defend his rights and not allow his actions to be misrepresented. It will be important to take contact information of eyewitnesses of the accident, provide photo and video materials that indicate the driver’s innocence, and point out the circumstances set out in the accident report if the driver does not agree with them.

At the same time, the traffic police will have to receive a message about harm caused to a citizen during an accident, such a message will be sent by employees of the medical institution where the victim should go.

Depending on the degree of harm caused, various measures will be taken:

inquiry – in case the victim suffered slight or moderate harm to health
consequence - if the victim suffered serious harm to health or the accident was fatal

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Driver attention on the road is the main measure for the safety of passengers, as well as the driver himself. At the same time, of course, none of us are immune from road incidents, collisions and unpleasant incidents. However, if you are always careful on the road, the likelihood of an unpleasant situation will be significantly reduced. But what to do if a driver hits a pedestrian and must be held responsible for the accident? A coincidence of circumstances, an absurd incident, a careless pedestrian - who is to blame and what to do if a car hits a person while you are driving?

Procedure in case of an accident with an injured pedestrian

Do not remove the car from the scene of an accident under any circumstances. Even if you drive away to clear the road, for violating clause 2.5 of the traffic rules, an administrative protocol will be drawn up against you, on the basis of which the court can deprive you of your right to drive for 1.5-2 years.
Be sure to assess the general condition of the victim.
Search for witnesses. Be sure to write down the names of witnesses to the accident and their contact information. Even if their testimony is not in your favor, do not be lazy - write down all the necessary information, because as the situation develops, your actions will be regarded as helping the investigation. In addition, keep in mind that in the absence of witnesses, the circumstances of the accident, as a rule, do not speak in favor of the driver.
Before the traffic police arrive, be sure to inspect the road at the scene of the accident. If there are skid marks, you must place a warning sign at the beginning of the skid marks. This step will help the expert correctly calculate the speed of the car before braking, and will also prove that measures have been taken to prevent another accident.
If there are shards of glass, plastic and paint (from your car) on the road, record their position. Experts will need this to determine the exact location of the collision between your car and the pedestrian. Also pay attention to the presence of road signs, slope and condition of the road.
Be sure to photograph the scene of the accident, recording nearby road signs, the location of the victim relative to the car, and damage to your vehicle, if any.
While drawing up the protocol, stay close to the traffic police officers to check the correctness of the measurement numbers. Before signing the protocol and diagram, read them and make sure they are correct. If you do not agree with any provision of the protocol or scheme, request that your comments be included in the protocol. It is advisable for your lawyer to be present at the scene of the accident during its inspection (for this he must have a power of attorney, otherwise he will not be able to participate in the inspection of the scene of the accident).
Behave calmly and confidently with traffic police officers. Calmly demand that all material traces at the accident site be recorded - otherwise you will not be able to prove what is not on the diagram and in the inspection report.

What is liability in case of an accident with victims?

The harm that can be caused to a person as a result of an incident, according to the law, is classified as follows:

Mild degree
Average degree
Severe degree

Regarding the last point, the highest degree of harm is determined only by forensic medical examination. Typically, when a victim is treated and recovers in less than three weeks, he or she was only slightly harmed. If more than three weeks - moderate harm.

Now for more specific warnings for motorists.

Causing minor harm will cost you a fine of up to 2,000 rubles, or you will be deprived of your rights for a period of six months to a year. Or, as an option, arrest for 15 days (Article 12.24 of the Administrative Code).
According to statistics from recent years, victims of road accidents are increasingly filing lawsuits with the courts every year. The result of claims is often payments to victims - for full treatment and for moral damage caused. In this case, the amount of physical harm is determined by a medical examination, and the amount of moral harm is determined by a Russian court. In legal parlance, this is usually called collecting the driver's civil liability.
The party who was driving at the time of the collision is liable in any case, regardless of who was at fault for the incident.
If the driver violated traffic rules, which caused serious or moderate harm to a pedestrian, or, even worse, hit a person at a pedestrian crossing, then, in both cases, the accident is grounds for initiating a criminal case, and administrative liability is replaced by Criminal Code .
According to the current letter of the law, after amendments and additions have been made, a driver who hits a person and fled the scene, leaving the victim in danger, faces criminal liability. However, in reality it is very difficult to prove the crime in this case, which usually complicates the investigation of an accident.

What to do if you hit a person to death

Any driver should memorize the following list of actions so as not to get confused in a similar situation himself or to help another driver maintain composure.

If you hit a pedestrian:

Stop immediately, turn on your hazard lights and put up a warning triangle.
Get out of the car and approach the downed person. If he shows no signs of life, feel the pulse in the carotid artery. If possible, provide him with first aid.
Call an ambulance and the police by calling 112.
Call a car lawyer and have him come to the scene of the accident. If you don’t have anyone in mind, call your friends, relatives, and acquaintances who will help you call a lawyer. This is a must do!
If you hit a person to death, do not give any testimony or talk about anything until the lawyer arrives. Say that you will answer any questions only in the presence of a lawyer who is already going to the scene of the accident. Remember, an extra word in such a situation, especially in a state of shock, can cost you your freedom.

Progress

What happens after an accident, what are the consequences in case of harm to a person:

Information about an accident is received by the State Traffic Safety Inspectorate, which decides whether a criminal case will be initiated based on the collision or not (Article 109 of the Criminal Code of the Russian Federation). The investigative body is obliged to make a decision on the materials of the accident within 10 days.
The decision is made by the investigator, who is in possession of the materials on the accident. And here the description of the scene of the incident and the condition of the road surface plays a fundamental role. For example, if the records indicate that the marking line is under a continuous layer of mud (ice, snow) and was not visible to the driver or that a “pedestrian crossing” sign was not detected, then this information greatly simplifies the matter. If, for some reason, the servant of the law did not indicate the details, did not study the scene of the incident and did not write it down in the protocol, then all this can significantly complicate the understanding of the situation.
It is recommended to find witnesses to the accident who can describe the events - since in such circumstances, the case, as a rule, cannot proceed without witnesses.
An important point is the technical capabilities of the car. That is, if you can prove the occurrence of any special conditions at the time of the collision or the malfunction of any parts - everything that would indicate that at the time of the accident you were not able to physically stop the movement of the car - in this case the driver is usually found not guilty. At first glance, it seems that the law only protects the pedestrian. However, this is not quite true. There are several important points that are recommended for those driving.

If the pedestrian is to blame for the accident

If a pedestrian is to blame for the accident, who not only was not injured, but also tried to escape from the scene, detain him and take him to court. Since in this case the law provides for the liability of the pedestrian for the incident, especially if your car was damaged as a result of his actions.
If, as a result of the investigation, it turns out that you did not exceed the speed limit, and the braking distance was not enough to prevent an accident, rest assured that the law is on your side and you are innocent and the pedestrian will be held responsible for what happened.
If a pedestrian was running or crossing the road in the wrong place, that is, where there is no pedestrian crossing, and was hit, in this case the pedestrian himself, who found himself on the roadway, violated traffic rules and the letter of the law, is to blame for the accident.

Conscience is a thousand witnesses

When an accident occurs, the question “who is to blame” turns out to be far from the most important. Because there is nothing more important and valuable than human life. And if a collision does occur, help the victim, call an ambulance, take him to the hospital. And in no case, under any circumstances, hide from the scene of the incident, leaving the victim to their fate. Your cowardice and desire to escape from problems can cost someone's life. And then, when you appear in court (since, most likely, you will still be found and charged with hitting and fleeing the scene of an accident), your action will be a strong aggravating circumstance in the case.

How to avoid hitting a pedestrian?

As we know, the most unpredictable behavior on the road is in children and women. Therefore, the risk associated with them is an order of magnitude higher: remember that familiar feeling, a reflexive increase in attention, when you are driving, and on the side of the road are the very same pedestrians who are in a special risk zone in road accident statistics?

When a pedestrian suddenly appears on the road or is waiting for something and suddenly rushes to run across the road at a red traffic light, across the speeding cars, in these situations the driver has to decide and react. Usually the choice is small: a ditch or an accident. And here I would like to warn the pedestrian: if, due to circumstances, you find yourself on the road among roaring cars, do not panic and do not try to cross the road, just stop, freeze, and the car will go around you: it is much easier to go around a stationary object, this way how predictable and static it is.

According to the results of the protocol, if at the time of the accident the pedestrian was standing on the road, an examination is carried out to determine the visibility for the driver, that is, what the pedestrian was wearing and what the color of the road surface was, as well as the distance from which the driver should or could have seen the pedestrian.

Then the stopping distance of the car is determined. The speed for calculation is determined either by the braking distance or by the driver’s readings. The fact that the calculated stopping distance is less than the distance from which the driver saw the pedestrian means that the driver was physically unable to prevent the accident and the incident is not his fault.

Compensation for hitting a pedestrian

In addition to the fine, which is provided for in the case of minor or moderate harm to the health of the victim - 25,000 rubles, the legislation provides the following grounds for compensation to the victim:

compensation for the cost of medical services, medicines and medical products;
compensation for burial – 25,000 rubles;
compensation for the loss of a breadwinner – 475,000 rubles;

IMPORTANT : The above claims for payment are submitted to the insurance company of the person at fault for the accident. If the amount of money actually spent is higher than the amount paid by the insurance company, the victim has the right to apply directly to the culprit of the accident with a lawsuit to recover the missing amounts.

compensation for moral damage - this claim is submitted directly to the culprit of the accident; the amount of compensation for moral damage caused is determined by the judge depending on the specific circumstances of the case, the physical and moral suffering of the victim.

USEFUL : watch the video on how to file a lawsuit against the culprit of an accident

What rights does a pedestrian have?

Of course, if the driver is at fault, a person who is hit has every right to compensation for the damage caused to him - both to health and property (if his phone or clothes were damaged). In our case, the right to claim from the driver in the event of a fatal collision passes to the closest relatives as follows:

if the car had compulsory motor liability insurance, then relatives of pedestrians will be given 500 thousand rubles, of which 25,000 will be for burial,
if there was no valid policy, then the damage is compensated from the driver in court.

But keep in mind that you will have to wait a long time for payment - both the insurance and other compensation regulatory authorities will issue any decision on the case only after a forensic examination and trial of the guilty driver, and this may take a year or more.

Driver's liability for hitting a pedestrian

The issue is resolved individually, responsibility is determined by the current situation, for example, it is necessary to take into account:

Transition . The road must be empty, and only then can he continue moving. If a pedestrian is hit at a crossing, the owner of the car is considered to be at fault. There are only exceptions in some situations. For example, when a pedestrian deliberately initiated an accident or, God forbid, decided to commit suicide.
A man driving a car hit a pedestrian due to the pedestrian's fault . This case is about careless people who think that only the driver should watch the traffic. Pedestrians, being the culprits of a traffic accident, can also be punished. Road accident rules not only for the driver, but also for all road users.
Although the pedestrian is always right, he is still responsible for his life. In many cases, a pedestrian lies about being hit by a vehicle . The owner of the car will be found guilty in some cases: when a person is hit at a zebra crossing or at a traffic light (when his light is green). The remaining cases mean that the pedestrian will be at fault (

Get ready for hate

From start to finish, the driver will be considered guilty. If the incident was caught on video and published on Krasnoyarsk social networks, you will experience a waterfall of negative comments - from condemnation to direct insults in the rudest form. This can be not just unpleasant, but even traumatic, so it’s better not to read what users write.

There will also be few of your supporters in the police and courts. “A car is an object of increased danger,” so few circumstances can justify you.

Throughout all the processes and even after, you may be haunted by a feeling of guilt and misunderstanding: “Why did this happen to me?” You may also have a fear of getting behind the wheel and generally riding in a car, even as a passenger. If you can't cope with this on your own, you might want to see a psychologist.

An accident with a pedestrian can hardly be called an ordinary incident; it is a serious test for both the driver and the victim. No matter how hard it is, remember - this too shall pass. There are many options for the development of events after an incident, but we hope our advice will help you navigate the solution to the problem.

Online newspaper Newslab, photo by Alina Kovrigina

How to avoid criminal liability if you hit a pedestrian?

The culprits of an accident can be: a driver, a pedestrian, or a car passenger.

Criminal liability arises for causing grievous bodily harm. The degree of harm is determined by medical examination. The driver has the right to challenge the medical examination performed.

The cause of an accident may be the behavior of a pedestrian: crossing the road in the wrong place at a prohibitory traffic light, or the same thing, but in a state of alcohol or drug intoxication. The pedestrian's behavior should be recorded and medical evidence examined.

If the accident occurred due to the fault of the passenger, you should provide a video recording in which such actions will be visible or it will be heard that the passenger carried out the actions that led to the accident.

There are often situations when one of the causes of an accident is poor-quality road surface or poor lighting of a road section - video or photographic recording of the accident site should be carried out.

In addition, the driver should try to provide first aid to the victim, offer to take him to the hospital and inform the traffic police and the ambulance about what happened. The presence of these facts will allow you to avoid criminal liability or minimize it.

Attention : watch the video on how to defend yourself as part of crime 264 of the Criminal Code of the Russian Federation (violation of traffic rules) and subscribe to the free video on our YouTube channel today

Now attention

An important clarification is how to respond to panicky behavior of a pedestrian on the road. For example, if you sharply turn away from a pedestrian, but fly into oncoming traffic and there kill the driver and passengers of the oncoming car or other pedestrians, then the court will regard this as a more serious accident.

You have to choose between two evils: it is better to “catch” one pedestrian on the hood and windshield than two, three or even five people from the oncoming lane. From the point of view of traffic regulations, inspectors and the court, which will certainly happen if a pedestrian is injured or dies, emergency braking is the only correct and legal decision of the driver.

IMPORTANT! No amount of sound signals, high beams or selective swearing will save the driver from prison. The first thing to do if a pedestrian runs onto the road is to apply emergency braking. But after the brake pedal is depressed and the car starts to slow down, you can “beep” the signal and switch the light to the “high-range” mode. Once again - first braking, then everything else. This is a fundamentally important point, which needs to be put into practice and told to inspectors in exactly this order.

Collision with a pedestrian resulting in death

Regardless of the harm caused to the pedestrian, the driver should report the incident to the traffic police and the ambulance. If the accident occurred in a populated area and the victim cannot move forward on his own, the best thing would be to call an ambulance and try not to provide assistance to the victim yourself because there is a risk of causing more harm when providing unqualified assistance, which could lead to the death of the victim.

If the victim shows no signs of life, calling doctors is mandatory, because They are the ones who must witness the death of the victim.

The driver should under no circumstances move the body of the deceased or the car. You should take photographs of the scene of the accident: damage to the car, the condition of the road surface, light sources (if the accident occurred in the dark), video cameras that could record the moment of the accident. You should also conduct video shooting of these objects.

The driver must under no circumstances drink alcoholic or other alcohol-containing drinks or medications, because mandatory, he will undergo a medical examination.

What to do first?

The procedure is governed by Section 2 of the Traffic Regulations and you must perform the following duties in chronological order:

stop the car immediately,
turn on the hazard warning lights,
examine the hit pedestrian and call an ambulance,
perform a first aid; Please note that traffic regulations oblige the driver to do this in any case, but a mistake that aggravates the person’s condition may result in an increase in your sentence; The rules of first aid themselves, of course, are beyond the scope of this article; you can read them from the official manual of the Ministry of Health of the Russian Federation,
call traffic police officers using universal numbers: 102 or 112,
if the pedestrian’s condition requires immediate medical intervention, and the person himself can be moved (there is no suspicion of a spinal fracture or other conditions), then he should be sent on a ride or taken in his car to the hospital, and then return to the scene of the accident.

Who pays for damages in case of an accident at a pedestrian crossing?

If a citizen is hit by a car at a pedestrian crossing, in 95% of cases the driver is to blame. The MTPL policy guarantees reimbursement of funds to the victim, which will be used for medical purposes. To receive compensation, you must keep all receipts from the hospital and pharmacy, and provide a document on the cost of the massage therapist’s services (if necessary). The same should be done with official papers from the sanatorium where the treatment was carried out.

There are cases where insurance organizations resort to tricks to reduce their own costs. They thoroughly study the situation, prove the pedestrian’s guilt, collect evidence of damage to the vehicle (its spare parts), if any, and present the amount to the pedestrian.

The injured party may demand not only money to restore health, but also financial penalties for damage to expensive clothing. Then you need to attach a sales receipt for the item.

In the absence of an MTPL policy, the vehicle owner finances material and moral damage at his own expense. For those who evade paying money, compensation is collected through the courts.

Leaving the accident scene

Leaving the scene of an incident means leaving or removing one of the parties to a long distance. If the participant did not wait for the arrival of authorized persons, deliberately leaving the location of the collision, he faces administrative or criminal punishment.

Moving a vehicle to the side of the road to make way for other vehicles is not considered leaving (Traffic Regulations clause 2.6).

Otherwise, leaving is considered as fleeing the scene of a crime and provides for serious punishment for the person who committed this action.

Reconciliation of the parties

Judicial practice shows that as a result of reconciliation between the parties, criminal liability is removed from the perpetrator of a road incident. By decision of the judge, the terms of the administrative penalty may be reduced provided that the material damage is compensated in full.

Even if the relatives of the deceased pedestrian agree to withdraw all claims against the driver, the trial does not stop; the circumstances of reconciliation can only mitigate the punishment to a small extent.

There are cases in which the pedestrian is to blame, and his frank testimony in court will become an argument for imposing a light sentence.

Advice from a lawyer

If you hit someone today, the tips below may come in handy. If it was “yesterday”, it is better to meet with a specialist and get legal advice.

If you hit a person and the driver himself was injured.

If the driver was immediately taken from the scene of the accident to the hospital, today the relatives need (before the driver’s first meeting with the investigator) to enter into an agreement with an accident lawyer. After this, the lawyer must prepare and explain the legal position, responsibility, and ways to avoid punishment. Next, protect the driver at all stages, right up to acquittal.

What numbers should I call the traffic police?

If you are hit by a car at a pedestrian crossing, to call the patrol service in Russia there are free uniform numbers that can be dialed from any mobile phone:

102 – call the police directly;
112 – call the police through the Ministry of Emergency Situations.

As well as separate numbers for some mobile operators:

002 – Beeline,
020 – Megafon, MTS, Tele2,
902 – Skylink.

It is advisable to save one of the numbers on the gadget as a quick call. This will significantly save time and will not let you down in a stressful situation.

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.

Basic Concepts

Hitting a pedestrian is most often observed on the roadway, including equipped pedestrian crossings. It’s worth noting right away that in this situation the blame may lie with both the driver and the pedestrian himself. However, there is an interesting rule here too. Almost always, if a collision was made at a crossing or in reverse, the driver will be found to be at fault. If the collision occurred outside the pedestrian zone, the pedestrian may be held liable for violating traffic rules.

Among the main reasons that lead to the creation of an emergency situation involving a pedestrian are:

Failure to comply with speed limits near transition zones;
Ignoring current traffic regulations, as well as failure to comply with prohibitory signs and markings;
Incorrect parking in internal thieves and pedestrian areas.

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Mainly, the main reason for the collision may be simple inattention. Regardless of whether the crossing is controlled or not, the driver is required to let pedestrians pass and begin to brake when approaching the crossing. Often, ignoring these rules becomes the main cause of accidents.

If the collision occurred outside a pedestrian crossing

It will be difficult for the driver to prove his own innocence, but if the collision occurred outside the zebra crossing, he can count on mitigation of guilt in certain circumstances. To do this, he needs to secure reasonable arguments:

about the impossibility of avoiding a collision, since the pedestrian literally ran out from the sidewalk and created an obstacle (clause 4.5 of the traffic rules);
prove the intentional actions of the victim (Article 1083 of the Civil Code of the Russian Federation);
using a video recorder or witnesses to the incident, identify the fact of an accident that occurred due to force majeure.

In the last two cases, liability from the driver is removed; the remaining situations do not exempt the motorist from compensation for the pedestrian.

Responsibility

The responsibility of the driver if he hits a person is defined in the Code of Administrative Offenses (Administrative Offenses Code of the Russian Federation) and in the Criminal Code of the Russian Federation. Depending on the culpability of the actions and the degree of harm to health, liability may be (but will not necessarily be) the following:

- in case of minor harm to health (Article 12.24 of the Administrative Code) (short-term health disorder or minor permanent loss of general ability to work) - “the imposition of an administrative fine in the amount of two thousand five hundred to five thousand rubles or deprivation of the right to drive vehicles for a period of one to one and a half years years". In case of guilty actions, the qualification may move into the framework of criminal law.

- in case of moderate severity of harm to health (Article 12.24 of the Administrative Code) (non-life-threatening long-term health disorder or significant permanent loss of general working capacity of less than one third) - “imposition of an administrative fine in the amount of ten thousand to twenty-five thousand rubles or deprivation of the right to drive vehicles for a period of one and a half to two years." But if the qualification goes into Art. 112 of the Criminal Code of the Russian Federation “Intentional infliction of moderate harm to health”, punishment by “restriction of freedom for a term of up to three years, or forced labor for a term of up to three years, or arrest for a term of up to six months, or imprisonment for a term of up to three years.” And if several citizens were shot down, or a helpless minor, the punishment could be “imprisonment for up to five years.”