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

When driving a car, hitting a pedestrian is considered the most serious offense . Inattention on the roadway can be costly for both driver and pedestrian.

But even the most attentive driver is not immune from such a case. It often happens that a person suddenly runs out in front of a car or a pedestrian appears from nowhere.

Changes are constantly being made to traffic rules, but one way or another, the pedestrian always remains a priority participant in the traffic. Hit-ups can vary in severity, and the punishment for such incidents is also different.

The situation is quite complicated when it turns out that a person was hit to death, what the driver faces will depend on how much he tried to prevent the collision.

If there is a fatal collision with a person, the driver should consider the following important points:

1. All fatal accidents are unique and individual.
2. It is very useful to understand the basics of the law, but it cannot guarantee results.
3. The possibility of a positive result depends on various factors.

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.

Information from traffic rules

Traffic regulations oblige the driver to prevent an accident at a pedestrian crossing. It happens that a pedestrian himself can provoke an accident as a result of reasons dependent and independent of him. In 90% of cases, any evidence does not save the driver from responsibility and he fails. After all, unlike a pedestrian, he knows exactly the traffic rules, which means he is 100% aware of the danger and the consequences of an accident on a zebra crossing.

P 4 of the Russian Traffic Regulations states that a pedestrian can cross the roadway only if he is convinced that it will be safe. Simply put, look left, then right, and then just start moving.

According to Article 14 of the Traffic Regulations of the Russian Federation, the driver of a vehicle is obliged to follow these rules:

1. When approaching an unregulated zebra crossing, slow down and let pedestrians who are walking along it or who are at the beginning of the crossing pass (what is the penalty for not allowing a pedestrian to cross a zebra crossing?).
2. In the event that a driver approaching an unregulated pedestrian crossing has slowed down, road users must follow his example in order to avoid an accident.
3. When the traffic light signal permits, the driver should be given the opportunity to unhindered passage of the roadway at an adjustable zebra crossing.
4. In the event of a traffic jam, the driver should not enter the roadway of the pedestrian crossing.
5. In the case of boarding, disembarking passengers and moving them to the route transport, the driver is obliged to clear the road for proper and safe movement along the roadway.
6. If a car with a “Transportation of Children” sign is stopped, the driver should reduce the speed and, if necessary, stop the vehicle he is driving.

Attention! The driver should be prepared for the fact that a pedestrian may suddenly run out into a pedestrian crossing, so drive through such places with your foot on the brake.

Now you know what will happen if you hit people on a zebra crossing.

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.

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 2022 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).

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

An accident involving a pedestrian can only result in property damage. This circumstance is regulated by the provisions of the Civil Code of the Russian Federation. It is interesting to note: according to current legislation, pets are considered the property of their owner.

The only measure of liability in such situations is compensation for losses incurred by the injured participant. The amount of payments is determined in proportion to the costs of restoring the property.

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

A management company may be appointed in 2022 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.

When will the driver be found guilty?

If the victim died under the wheels of a car, then the guilt of the driver is established based on the available facts. In this situation, it is important to have not only witness testimony, but also recordings from CCTV cameras and DVRs. The following facts will help prove and disprove the guilt of the car owner who hit a pedestrian:

• vehicle speed, which is determined by technical and other means, including braking distance on the road;
• place of incident - outside the city, in the city, pedestrian crossing;
• state of intoxication of the driver and the victim - only the result of the medical examination is taken into account;
• actions of the driver after the accident - left the scene of the accident, called the police, provided first aid, etc.;
• The testimony of witnesses at the time of the accident also influences the court verdict;
• presence/absence of malicious intent;
• legal protection with the support of a lawyer.

Note!

By leaving the scene of an accident after a person has been hit, you risk being left without a license and deprived of your freedom, even if you are innocent!

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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 2022, 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.

What happens to a driver who fled the scene of an accident?

Driving away from the scene of an accident will in any case be considered as aggravating circumstances and the driver may by default be found guilty of a crime.

Here's what to do if an accident occurs:

1. Find out if there are any casualties. If there is, provide them with first aid and immediately call an ambulance.
2. Call the traffic police and an accident lawyer to the scene, and also inform your insurance company.
3. Take the contacts of eyewitnesses to the accident; it is better to ask them to stay until the traffic police arrive.
4. Do not touch anything at the accident site, do not move the car. If it so happens that the car creates a traffic hazard for other drivers, first record on video and photos the position of the vehicle at the time of the accident, and then tow it to the side of the road.

Then all that remains is to wait for the arrival of the traffic police, ambulance, and a representative of the insurance company.

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 2022, 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 2022 - 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.

Scope and legality of the claim for compensation for moral damage

The most difficult thing for a pedestrian to claim is compensation for moral damage.

Moral damage is directly related to physical and moral suffering caused by the incident.

If the victim suffered property damage and/or damage to his health, this is sufficient for the court to recognize the existence of moral damage.

The amount of compensation directly depends on the nature of the harm caused, the severity of the consequences of the accident for the victim, and the fault of the driver who caused the damage.

Moral damages can be recovered regardless of whether the pedestrian is at fault, since it is the driver who is driving the source of increased danger.

In administrative cases, victims can claim moral damages: for minor damage within 50 thousand rubles, with an average of up to 100 thousand rubles.

In criminal cases, the injured party has the right to claim an amount of up to 500 thousand rubles (if serious harm is caused) and up to 1 million rubles (if a pedestrian is deprived of life).