✔ What are the consequences of failure to report minor accidents? ✔ If the accident occurred at a pedestrian crossing

On the evening of December 11, two people died as a result of an accident involving a police officer in the Serpukhov district of the Moscow region, reports “ Interfax" with reference to the press service of the regional department of the Investigative Committee of the Russian Federation.

The Investigative Committee noted that the woman hit pedestrians in her personal car, violating the rules traffic. At the time of the accident she was intoxicated. The pedestrians who fell under the wheels died on the spot.

A criminal case has been initiated against the culprit of the accident under article . This police officer was immediately fired, the press service of the Moscow Region Department of the Ministry of Internal Affairs said.

. . . . . About this to the City News Agency “ Moscow " reported the press service of the Main Investigations Committee of the Investigative Committee of Russia for the Moscow Region.

. . . . . As a result of a traffic accident, the victims died on the spot ", the department said.

Every driver who follows traffic rules tries to avoid an accident. However, there are situations when nothing can be done - and harm has been caused to an animal or even a person. What does the law require from the driver in this case?

○ What to do if you hit a pedestrian?

The worst situation for a motorist is when a person is hit by his car. Even if all traffic regulations were met, the speed limit was carefully maintained, and the car was absolutely in good working order, a pedestrian can cross the road in in the wrong place, suddenly step out onto the roadway from behind a parked car, or get hit in some other way. Unfortunately, the car has always been and remains a source of increased danger, which the owner cannot fully control, and unpleasant accidents can happen at any time.

What should the driver do in this case?

✔ What to do after an accident?

From the point of view of the law, the driver’s actions after a collision are described in paragraph 2.6 of the traffic rules. The rules require the motorist to:

1. Immediately provide assistance to the victim.
2. Call an ambulance and the police, and remain in place waiting for their arrival. Only in an emergency is it possible to leave the scene of an accident, but only in order to take the victim to the hospital.
3. Clear the roadway for moving traffic if a car is obstructing the passage. Before this, you need to record (including with the help of photography or video) the position of the car, the victim, signs of braking and other circumstances related to the case. In the same case, if a car left on the roadway can be driven around, clause 2.5 of the traffic rules applies, according to which the driver only needs to display an emergency stop sign and wait for the arrival of law enforcement officers.
4. Record the information of eyewitnesses and transfer them to the arriving police officers.
5. Contact your insurance company and lawyer. These requirements are not in the traffic rules, but they are necessary to compensate for the damage to the victim and avoid unfair punishment.

Separately, it is necessary to stipulate the provision of first aid. Now it is no longer called medical: no one requires every driver to have medical knowledge. However, there is a certain minimum that everyone can do. It includes:

• Stopping bleeding, including using a tourniquet.
• Artificial respiration if the victim is not breathing.
• Closed cardiac massage if there is no heartbeat.
• Applying splints to fracture sites if you plan to deliver the victim to a medical facility on your own.

However, if an ambulance is expected to arrive, it is better to leave this to professional doctors. First aid can only be provided if there is a serious risk to the health or life of the pedestrian.

✔ Recording of circumstances and registration.

Police officers are required to record all traces of the scene where the accident occurred. However, the driver himself can do something.

First of all, you need to use photography. Because now Cell phones Almost everyone has one, and most models have a camera, so it makes sense to take a careful photograph:

• Position of the victim and the vehicle.
• Vehicle damage.
• Brake marks on the asphalt.
• Fragments if the glass or plastic bumper of the car was broken during an accident.
• Condition of the asphalt (dry, wet, covered with snow, mud, etc.).

Filming can (and should!) be done during an inspection of the scene by police officers. It is highly advisable to set up the equipment so that the date and time when it was taken is printed on the picture.

When drawing up a protocol, it is necessary to ensure that all circumstances and measurement data are entered into the document accurately. If the driver does not agree with what is recorded in the protocol, he has the right to make a note about this in a special column, and later - indicate this first in the explanations, and later, if a case is initiated, in the interrogation protocol.

○ Liability for an accident with a pedestrian.

An accident in which a pedestrian was injured is a reason for taking legal action against the driver. Let's figure out what they are and how to avoid unfair punishment.

✔ How to prove innocence?

When talking about hit pedestrians, it is necessary to remember: a car is a source of increased danger. This means that it will be possible to avoid liability only if it turns out that the pedestrian himself is to blame for the accident. However, there is a difference between civil liability and compensation for harm - and criminal or administrative law, when the driver will not compensate for the damage caused, but will be responsible directly to the state.

Therefore, in order to ward off false accusations, the driver must take the following steps:

1. Collect as much evidence as possible that a pedestrian violated traffic rules. DVR recordings, testimonies of witnesses, passengers in the car, eyewitnesses - anything will do.
2. Prove that the driver himself complied with traffic rules, in particular, maintained the required speed limit. Fixing the brake mark, which is usually clearly visible on the asphalt, will be very helpful here.
3. Carefully monitor what police officers record in their documents, carefully read all protocols and, if you disagree, put a mark about it.
4. Contact a lawyer as soon as possible. This applies to cases where, as a result of a collision, a pedestrian either suffered serious harm or was completely killed. Ideally, you should call a lawyer directly to the scene of the accident.

In the event that a case can be brought against criminal article, the last point is the most important, and you need to contact a lawyer. An ordinary lawyer will be able to help when only compensation for damage is threatened, but in criminal cases he will no longer be able to work and act as a defense attorney during the trial.

✔ What is the responsibility?

In the event that a driver hits a pedestrian, the perpetrator faces the following types of liability:

• Civil law – compensation for harm caused. In this case, harm is understood as both material (in particular, the costs incurred for treatment are compensated for) and moral - compensation for the pain and suffering experienced. It is possible to avoid payments only if the driver can prove that he could not have avoided the collision in any way - no presumption.
• Administrative - for violation traffic rules. In particular, if the driver left the scene of an accident, was drunk or exceeded the speed limit, he will be additionally fined and deprived of his license.
• Criminal – applies to cases where serious harm was caused to health, or a pedestrian died due to the fault of the driver.

✔ Compensation for damage.

If the driver fails to prove his innocence, he will have to compensate the pedestrian:

1. Damage to property is the cost of damaged clothing and other property that the pedestrian had with him, and which was damaged or destroyed in an accident.
2. Damage caused to health - compensation for treatment costs, loss of ability to work, etc. It is also possible to recover benefits lost due to the fact that a person suffered from the actions of a motorist and could not work or make a profit.
3. Moral damage is compensation for suffering suffered from pain and other non-material reasons. The peculiarity of this compensation is that proving it is a very non-trivial task, and the amount of payments often remains entirely at the discretion of the judge who is presiding over the case.
4. Benefits in case of death - funeral expenses and payment to dependents. Their list is determined by Art. 1088 Civil Code of the Russian Federation.

✔ Punishment for causing death as a result of an accident.

In the event that the accident ends in the death of the pedestrian, the driver will have to answer to the standards of criminal law. Specifically Art. 264 of the Criminal Code of the Russian Federation states the following:

• 1. Violation by a person driving a car, tram or other mechanical vehicle of the rules of the road or the operation of vehicles, which through negligence entailed the infliction of grave harm to human health, -
• shall be punishable by restriction of freedom for a term of up to three years, or forced labor for a term of up to two years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or by arrest for a term of up to six months, or by imprisonment for a term of up to two years with or without deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years.
• 2. An act provided for in the first part of this article, committed by a person in a state of intoxication, which through negligence entailed the infliction of grievous harm to a person’s health, -
• shall be punishable by forced labor for a term of up to three years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or imprisonment for a term of up to four years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
• 3. An act provided for in the first part of this article, resulting in the death of a person through negligence, -
• shall be punishable by forced labor for a term of up to four years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or imprisonment for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
• 4. An act provided for in the first part of this article, committed by a person in a state of intoxication, resulting in the death of a person through negligence, -
• shall be punishable by imprisonment for a term of two to seven years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
• 5. An act provided for in the first part of this article, resulting in the death of two or more persons through negligence, -
• shall be punishable by forced labor for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or imprisonment for a term of up to seven years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
• 6. An act provided for in the first part of this article, committed by a person in a state of intoxication, resulting in the death of two or more persons through negligence, -
• shall be punishable by imprisonment for a term of four to nine years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.

To briefly summarize, the driver who caused the death of a person faces not only a term of 2 to 9 years, but also deprivation of his license after the sentence is served. Rights may be revoked for a long time– up to 3 years.

✔ What if the pedestrian is at fault?

But road accidents are not always the fault of the driver. What if it turns out that the collision was solely the fault of the person on foot?

In this case, the consequences for the driver will be as follows:

1. He will avoid compensation for harm.
2. Administrative fines will not be applied to him if there was no additional guilt (leaving the scene of an accident, driving while drunk, etc.).
3. He will not bear criminal liability.

Moreover: if the accident occurred due to the fault of a pedestrian, a situation is possible when it is not the driver who will pay, but the pedestrian himself. In particular, if, due to a violation of the Rules, the presentation of the car was damaged, the guilty pedestrian will be obliged to compensate the damage caused to the car owner.

○ Features of some types of accidents.

Now let's look at what the consequences will be for the driver in some specific cases of a collision with a pedestrian.

✔ If the accident occurred at a pedestrian crossing.

The worst option is if it turns out that a pedestrian was hit at a zebra crossing. In this case, it is almost never possible to avoid responsibility. Even if the victim was slightly wounded or even escaped with fright, the driver will receive Art. 12.24 Code of Administrative Offenses of the Russian Federation. According to it, the culprit will face a fine of up to 5 thousand rubles or loss of rights for up to 2 years.

It will not be possible to get away from punishment, even if there was no harm to health. Missing a person at a crossing is always a responsibility for a motorist. At least according to Art. 12.18 Code of Administrative Offenses of the Russian Federation. Even if no one was injured, the driver who violated clause 14.1 of the traffic rules will face a fine of 1,500 rubles.

The only way to avoid punishment is to prove that the collision occurred at the moment when the car was already crossing the zebra crossing. In this case, as practice shows, the driver is never found guilty: he fulfilled his duties, and the pedestrian is to blame himself if he did not clearly indicate his intention to cross.

✔ If the accident was outside the pedestrian crossing.

If the collision occurred outside the zebra crossing, the driver has a better chance of acquitting himself. To do this, he needs to prove:

1. That he could not avoid a collision (for example, a pedestrian jumped off the sidewalk too close to the car - and the driver did not physically have time to brake).
2. That after the accident he accepted everything necessary measures– called an ambulance and the police, provided first aid, put up emergency signs, etc.
3. That the harm caused to the pedestrian was minor. If the victim was not seriously injured, but escaped with bruises and torn clothing, the question of criminal liability will not be raised, even if the motorist is to blame for the collision. However, there may be a rather serious administrative penalty - a fine and possible deprivation of rights for up to 2 years.

In general, the driver’s actions in such an accident should be carried out according to the standard algorithm: “Help the victim - call services - record evidence.”

✔ What are the consequences of failure to report minor accidents?

If we are talking about an accident in which no one was seriously injured, the participants are often tempted not to formalize everything through the traffic police, but to “agree on the spot.” And indeed, it’s easier this way: you don’t have to wait for the inspectors to arrive, for all the paperwork to be completed, you can avoid a fine, etc. But is it worth doing this?

The fact is that it is usually impossible to immediately determine how significant the harm to a pedestrian is. A person can sincerely feel healthy - and only then discover that he has not a bruise, but a cracked rib, not just a head bruise, but a concussion. If this is discovered, the driver may face additional punishment.

In addition, the pedestrian may be legally literate. In this case, he will later collect evidence and go to court himself, demanding compensation for damage and compensation for moral damage. It will then be much more difficult for the car owner to fight back in court.

But even in this case, there is an opportunity to protect yourself: the driver must take a receipt from the victim. It must clearly state that:

• The victim has no claims.
• The damage to him is compensated or will be compensated within a clearly established time frame and in a clear amount.
• He refuses to call the traffic police himself.

✔ If a car hit a person and disappeared.

In the same case, if there was a collision with a pedestrian, but the driver chose to hide, you must act as follows:

1. Call the traffic police.
2. Interview witnesses, writing down the model and color of the car. It is very good if witnesses remember the car number. The more information, the higher the likelihood that the culprit will be found.
3. Employees arriving at the scene of an accident must provide all the information, as well as information about witnesses to the accident.
4. Write a statement requesting that the person responsible for the accident be brought to justice.
5. If the injuries are serious and an ambulance is needed, the victim needs to make sure that the medical workers record the condition in which he was found.

Once the culprit is found, we can begin to talk about compensation for harm through the court.

○ I hit an animal on the road.

Separately, it is necessary to deal with much more frequent, but, fortunately, less severe cases when animals fall under the wheels of cars. This also has its own nuances related to determining the status of animals and the procedure for registering an accident.

✔ Step-by-step instructions on what to do.

In the event that an animal gets under the wheels, the driver is required to take the following steps:

1. Stop and turn on your hazard lights.
2. Inspect the car and animal. There is no legal requirement to provide assistance.
3. Call the traffic police.
4. Attempt to locate the owner, driver, or other person responsible for the animal (if it is a farm or domestic animal). If the animal is wild, inform the local environmental committee.
5. After inspectors arrive at the scene of the accident, complete the registration of the accident.

In practice, of course, this procedure is observed only in cases where either the animal was large and the car was dented, or when it was the owner’s - and the owner immediately began to make claims. Nevertheless, even if a hare is hit on an empty country road, it is better to play it safe and arrange everything according to the rules.

In Serpukhov, a police officer was detained who, while drunk, hit two people to death with her car. More than 0.5 ppm of alcohol was found in her blood. She faces four to nine years in prison. The details of the investigation are still unknown - the Ministry of Internal Affairs only promised to dismiss the culprit of the tragedy from the authorities.

The fatal accident occurred on the evening of December 11 on 2nd Moskovskaya Street in the city of Serpukhov. As reported by the Moscow region police, an employee of the Serpukhovskoye Municipal Department of the Ministry of Internal Affairs of Russia, while driving a personal car during off-duty hours and while intoxicated, hit a man and a woman, who died from their injuries at the scene of the accident.

“To establish all the circumstances of the incident, an internal audit has been scheduled, as a result of which the employee will be dismissed from the internal affairs bodies for negative reasons and will be punished in accordance with current legislation, and his immediate superiors will also be subject to strict disciplinary liability,” the Ministry of Internal Affairs noted.

In turn, the Investigative Committee, which by law investigates crimes by police officers, stated that a criminal case has been opened into the incident under Part 6 of Art. 264 of the Criminal Code of the Russian Federation, which provides for liability for the death of two or more people if the driver was drunk. If guilt is established, the culprit of the accident faces from four to nine years in prison.

The Investigative Committee clarified that the detained police officer was 31 years old, but did not provide details of the incident - it was only noted that the driver violated traffic rules, and the deceased died at the scene of the accident. Currently, the investigation is deciding whether to select a preventive measure for the detainee. As a rule, in such cases, given the public outcry, investigators ask for the arrest of the suspect.

At present, representatives of the Moscow Region police and the Investigative Committee were unavailable for comment.

According to the Federal News Agency, 0.51 ppm of alcohol was found in the police officer’s blood during a medical examination, which is almost twice the permissible error of a breathalyzer, which is 0.3 ppm.

In addition, according to the agency, before hitting two people, Anastasia B., at a speed of over 100 km/h, overtook the vehicle in front, driving into the oncoming lane through a solid line. The police officer, being in the oncoming lane, drove to the side of the road, where she hit people who were walking along the road. The source notes that from the powerful impact their bodies were scattered over several tens of meters.

At the same time, the woman received her rights relatively recently - in December 2014. For two years, she has not recorded any traffic violations.

As for Anastasia’s career, she has been serving in the police for about seven years. Until April 2015, she served in the private security service, which recently became part of the Russian Guard. Since April last year, shortly after graduation law institute, she worked as an investigator at the Serpukhovskoye Ministry of Internal Affairs.

In Serpukhov, police officer Anastasia B. was detained, who, while drunk, hit two people to death with her car. More than 0.5 ppm of alcohol was found in her blood, which is almost double the permissible error of a breathalyzer, which is 0.3 ppm. The girl faces from four to nine years in prison. It is known that the 31-year-old employee worked as an investigator in the investigation department of the Serpukhovskoye Municipal Administration of the Ministry of Internal Affairs of Russia. She was driving her personal car during off-duty hours.

The accident occurred on 2nd Moskovskaya Street in Serpukhov. The investigator ran over two people. The injured man and woman died on the spot from their injuries. As the REN TV channel notes, the police officer regularly posted photos from various parties on her page on social networks. The pictures show alcohol and drinking it in front of a car and kissing friends during parties.

According to media reports, before hitting two people, Anastasia overtook the vehicle in front at a speed of over 100 km/h, driving into the oncoming lane through a solid line. After that, according to some publications, the police officer, being in the oncoming lane, drove to the side of the road, where she hit people who were walking along the road. The source notes that from the powerful impact their bodies were scattered over several tens of meters. True, other media write that the dead were crossing the road at a zebra crossing. The official version of the tragedy has not yet been announced.

At the same time, the woman received her rights relatively recently - in December 2014. For two years, she has not recorded any traffic violations. As for Anastasia’s career, she has been serving in the police for about seven years. Until April 2015, she served in the private security service, which recently became part of the Russian Guard. Since April last year, shortly after graduating from law school, she began working as an investigator at the Serpukhovskoye Ministry of Internal Affairs.

In connection with the incident, a criminal case was opened under the article “Violation of traffic rules and operation of vehicles.” Today it became known that the investigator was dismissed from the internal affairs bodies for negative reasons. This was stated by official representative of the department Irina Volk.

Now the investigation is deciding whether to choose a preventive measure for the detainee. As a rule, in such cases, given the public outcry, investigators ask for the arrest of the suspect, but so far this has not happened.

• According to statistics from Russian courts, those involved in cases initiated under the “driving” Article 264 of the Criminal Code of the Russian Federation, as a rule, get off with a relatively mild punishment, far from the maximum. Approximately the same picture is observed in the case of the heaviest, sixth part of this article.
• Several years ago, the Ministry of Internal Affairs introduced the practice of personal responsibility of managers in the event of misconduct by subordinates. In particularly high-profile cases, several superiors of the offending police officer face dismissal or demotion at once.