What awaits the driver when committing an accident with victims, in the event of causing serious, moderate and minor harm to health: administrative and criminal liability

Rarely does a traffic accident occur without casualties. In this case, the victims mean not only those who received serious injuries, but also those who received minor bruises and scratches. In case of such an accident, it is important to know in advance what measure of liability is provided for by law, in which cases compensation for damage falls on the shoulders of the person responsible for the accident, and in which cases it implies deprivation of a driver’s license and freedom.

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Traffic rules clearly regulate the procedure to be followed in case of an accident with victims. Thus, the driver is obliged to immediately stop the vehicle, provide assistance to the victims, and then call the traffic police.

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If people were injured as a result of a traffic accident, the driver must strictly follow the instructions:

1. Provide primary medical care to victims yourself. If the injuries caused are serious, call an ambulance immediately. If the life and health of the victim is in danger, it is allowed to send him by passing cars to the nearest medical facility.
2. Call the traffic police.
3. Record the location of vehicles after the accident, infrastructure facilities, belongings and other details related to the accident with victims. Recording via video or photography is encouraged.
4. If the movement of other vehicles is impossible due to an accident, then after recording the position of the participants in the accident, it is necessary to clear the roadway. Moreover, if there is a shoulder for detour, then it is not recommended to touch vehicles involved in a traffic accident with injured persons.
5. Interview eyewitnesses of the accident and record their information.

Help from a car lawyer: protection against deprivation of rights for an accident

Deprivation of rights for an accident with victims under Art. 12.24 of the Code of Administrative Offenses of the Russian Federation can threaten almost any driver. Inattention or a careless maneuver can result in an accident with injuries, after which the driver will face deprivation of his license.

Entrust your defense to an experienced auto lawyer or disqualification lawyer who specializes in this category of cases. Send a request for legal assistance right now via chat or call the phone number.

Getting into an accident while being deprived of your license is a very unpleasant situation. Our auto lawyers can give you prompt advice in the most difficult legal situation.

A free consultation will allow you to make the right decision and develop tactics for your defense.

What do traffic police officers record when registering a traffic accident?

Employees arriving at the scene of an accident are required to draw up a diagram of the traffic accident, which the car drivers sign. If one of the drivers is injured and is not able to adequately perceive what is happening, then the road accident diagram is signed by him later. In addition, the following information is entered into the protocol:

• data of drivers and vehicles (including MTPL or CASCO numbers of each participant);
• testimony of participants in the accident and witnesses;
• list of damage received by transport;
• injuries sustained in the presence of victims.

The latter are made after examining the victims by ambulance staff.

Responsibility in the Code of Administrative Offenses for road accidents with victims

If there are victims during an accident, then in addition to the road accident report, an administrative or criminal case is also opened. Depending on the degree of harm caused, several types of crimes differ:

• hitting a pedestrian;
• murder by negligence;
• causing harm to health in a traffic accident.

The first two types of crimes are considered within the framework of criminal proceedings, while causing harm to health is an administrative offense. According to Article 12.24 of the Administrative Code of the Russian Federation (KOAP), the following types of punishment are provided:

1. If minor harm to health is caused in an accident (short-term impairment of health or short-term loss of ability to work), a fine of 2.5-5 thousand rubles or deprivation of a driver’s license from 1 to 1.5 years.
2. If moderate harm to health is caused in an accident (non-life-threatening temporary impairment of health or temporary loss of ability to work), a fine of 10 to 25 thousand rubles or deprivation of a driver’s license for a period of 1.5 to 2 years.

Who assesses the damage caused to health?

Representatives of the medical institution to which citizens end up after an accident are designated by law as responsible for assessing the damage caused to health in road accidents involving victims.

For example, if a person suffered a broken arm during an accident, then the damage is assessed as moderate severity. However, if, as a result of a broken arm, a person develops a latent disease, then medical workers assess the damage as causing grievous harm to health. Accordingly, the case of an accident can be reclassified from administrative to criminal.

The severity of damage caused to health in an accident

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Liability of the at-fault driver in an accident with victims

The person responsible for the traffic accident with the victims is determined during the investigation of all the circumstances of the accident. Moreover, if the culprit admits his guilt, the consideration of the dispute is significantly accelerated. The responsibility of the perpetrator can be both administrative and criminal. For example, if a person died in an accident, then the law classifies the crime as a criminal one. If the culprit of the traffic accident was under the influence of alcohol, drugs or toxic substances, the degree of liability increases.

In addition to criminal prosecution, the driver is deprived of the right to drive a vehicle, and is also additionally required to compensate for the damage caused to the victim. As a rule, compensation is expressed in payment for medical services and compensation for the period of loss of ability to work.

If a person dies in an accident, then all the circumstances of the case are examined to qualify the charge: murder by negligence or murder in an accident.

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Actions of the at-fault driver in a traffic accident

On the official website of the traffic police there is a reminder for drivers on how to behave after a traffic accident with victims. First of all, someone involved in the accident must remain calm. The rules stipulate that the person responsible for an accident with victims is identified during the investigation. However, the driver, who actually caused a road accident, is obliged to provide assistance to all victims, inform the traffic police about the incident, and record the position of all objects related to the incident. If it is not possible to call traffic police officers using mobile communications, there are no passing cars or witnesses, it is allowed for the victims to be sent by the culprit in their own transport to a medical facility.

Before leaving the scene of an accident, it is necessary to record the location and circumstances of the accident using photos or videos, as well as place an emergency sign on the roadway. If a person died during an incident, you cannot leave the scene of the accident; you must inform the traffic police about the incident by all possible means.

How is the investigation going?

Criminal punishment is imposed only if a person is found guilty by a court of committing the crime charged to him. To do this, law enforcement agencies must collect the necessary evidence.

The collection of such evidence is carried out during the investigation, which can be carried out in the forms: inquiry or preliminary investigation.

Time frame for investigating an accident with casualties

Criminal procedural legislation defines 2 months as a sufficient period for establishing all the circumstances of the case. This period should not be exceeded unless authorized by the prosecutor.

Such a sanction, in turn, can be issued only based on objective circumstances (search for the accused, complex examinations, etc.).

If there is clear evidence of guilt, two months may be enough for an analysis. With voluntary recognition the situation is the same. Judicial review will follow.

But if the culprit has disappeared or denies his guilt, law enforcement officers will have to work in an enhanced mode in order to have time to conduct the investigation, or it will last longer with the sanction of the prosecutor. Otherwise, the case will have to be closed or sent to court “as is.”

Powers of investigators during an accident investigation

Article 264.1 of the Criminal Code of the Russian Federation already presupposes this form of investigation. This article applies to drunken repeat offenders. Crimes of the group in question committed for the first time (Article 264 of the Criminal Code of the Russian Federation) require a written order from the prosecutor's office for transfer to inquiry. More complex situations are investigated during the preliminary investigation.

The powers of investigators include the ability to carry out investigative actions, as well as other activities. He can make decisions and formalize them with procedural documents. In some cases, decisions are made by the investigator with the consent of the authorities, the prosecutor, or on the basis of a judicial act.

The investigator may also order the conduct of operational search activities and investigative actions. If orders have been made to bring, take into custody, or detain, the investigator is authorized to order their execution.

Punishment for an accident with victims at a pedestrian crossing

A pedestrian crossing is a specially designated place on the road that can be used by pedestrians. Drivers do not have the right to refuse to let a person cross a zebra crossing. Therefore, all traffic accidents with collisions at a pedestrian crossing a priori occur only through the fault of the driver who is driving the vehicle. The penalty depends on the degree of harm caused to the pedestrian.

If a pedestrian is slightly frightened or bruised, the driver has the right to resolve the conflict on the spot if the victim does not mind. If a person crossing the road at a pedestrian crossing suffers light or moderate damage to health, the driver is obliged to provide first aid and call the traffic police. The punishment will be determined by the court. In case of serious harm to health or death, a criminal case is opened against the culprit of the accident with the victims.

The severity of the punishment is also influenced by the circumstances of the accident. In particular: at what speed were the vehicles and the pedestrian moving, at what moment the person began moving along the crossing, the driver’s actions after the accident. If the culprit fled the scene of the crime, then his actions immediately fall under the Criminal Code of the Russian Federation - leaving a person in danger (Article 125 of the Criminal Code of the Russian Federation).

Will they deprive their license for an accident if it is a way for the driver to earn money?

In relation to the right to drive a car, it is the main source of income for many drivers. Drivers in municipal and private organizations, taxi drivers, truck drivers - any profession that requires access to a car is impossible without a driver's license.

In order to avoid deprivation of rights for an accident, if driving a car is the only source of income, you need to collect maximum evidence on this matter.

These may include:

• Information about taking courses or retraining in the field of transport;
• Information about work experience, a copy of the work book (the more work experience as a driver, the greater the chance of defending the right to drive a vehicle);
• Information about dependents, lack of income for other family members.

And although the Code of Administrative Offenses of the Russian Federation states that it is inadmissible to specifically deprive a driver of a right if it is the only source of livelihood, to apply this provision of the law in practice it is necessary to prove that the driver does not have an objective opportunity to receive other income.

Thus, the court will deprive the driver of his license if:

• In addition to the driver’s salary, he has other sources of income: rental property, business;
• The impossibility of changing jobs is not confirmed by anything, for example, a driver works for a short period of time or his level of income does not exceed the average salary in the region, which does not prevent him from changing jobs.

In general, courts are extremely reluctant to apply the norms of the Code of Administrative Offenses of the Russian Federation on replacing deprivation of life with another punishment, so it is better to focus on contacts with the victim. His words, if he asks the court not to deprive you of your rights, will have more power than dubious arguments.

Punishment for minor harm to the victim

The Administrative Code clearly establishes the types of punishment for causing minor harm to health - an administrative fine or deprivation of the right to drive a vehicle at the discretion of the court. Moreover, the latter means complete deprivation of rights, regardless of category. For example, if a person has the right to drive a motorcycle, a car and a truck, then if punished by deprivation of a driver’s license, the right to drive all types of transport is lost. The term of imprisonment ranges from 1 to 1.5 years.

When imposing an administrative fine, the degree of damage caused is taken into account. The legislation sets the minimum payment amount - 2.5 thousand rubles. The court cannot oblige you to pay less than this amount, therefore the culprit of an accident with victims, identified during the investigation and trial, will be obliged to pay at least this amount. The maximum fine is set at 5 thousand rubles.

Where to contact a victim after an accident

An injured party in a car accident may receive compensation for more than just the physical injuries sustained. The list of compensation for personal injury includes the following items:

• Earnings lost during incapacity.
• Costs of treatment, purchase of medications, care, etc.
• Expenses associated with the need for professional retraining due to the inability to work in the previous specialty as a result of injuries received.

These payments in the amount of up to 500,000 rubles are made by the insurance company in accordance with the provisions:

The insurance amount, within the limits of which the insurer, upon the occurrence of each insured event (regardless of their number during the validity period of the compulsory insurance contract) undertakes to compensate the victims for the harm caused, is:

a) in terms of compensation for harm caused to the life or health of each victim, 500,000 rubles….

Art. 7 of Federal Law No. 40-FZ on OSAGO.

In case of an accident with injuries, the injured party has the right to demand compensation for moral damage on the basis of Art. 1100 GK. The Law on Compulsory Motor Liability Insurance does not provide for such a payment, so it must be recovered directly from the culprit of the accident. To do this, a civil lawsuit is brought within the framework of an already open criminal case or civil proceedings. The claim may be filed in the district court of the plaintiff's choice.

Moderate punishment

The minimum amount of an administrative fine for an accident involving victims who suffered moderate damage to health is set at 10 thousand rubles. Therefore, if during the investigation and trial the culprit of the accident is identified, then at a minimum he will have to pay this amount. The maximum fine is set at 25 thousand rubles. The final amount is determined during the investigation. For example, the size of the administrative fine is influenced by the degree of injury to the victim and the degree of guilt of the driver.

If several people were injured during an accident, then a separate measure of liability is established for each of them. Already from the totality of all punishments, the court establishes one, the one that the guilty person will suffer. For example, if one of the victims received minor damage to health during an accident, and the other suffered moderate damage, then the culprit may be ordered to compensate for damage in the amount of the total amount under both articles of the Administrative Code of the Russian Federation.

If moderate damage to health is caused in an accident, the perpetrator may be punished in the form of deprivation of the right to drive vehicles for a period of one and a half to two years.

Punishment for moderate harm to the victim caused by a driver under the influence of alcohol

Alcohol intoxication is an aggravating circumstance in a traffic accident. Thus, for driving a vehicle while intoxicated without incident, punishment is provided in the form of deprivation of rights for a period of 1.5 to 2 years, as well as an administrative fine in the amount of 30 thousand rubles. If the accident occurred due to the fault of a drunk driver, as a result of which the victim suffered moderate damage to his health, then the culprit is charged with punishment under two articles of the Administrative Code: 12.24 and 12.8. In this case, a fine of 30 thousand rubles is imposed, the license is confiscated for 1.5-2 years, and an additional fine of 10-25 thousand rubles is issued. For a repeated crime, the penalty increases.

A driver who has been deprived of his license is involved in an accident - the consequences

In the event of an accident, the driver cannot avoid a thorough check of documents, even if he complied with all the rules and is not the culprit of the accident.
The severity of the consequences depends on what the driver expected when driving without a license and whether he actually handed them over to the traffic police.

If the driver involved in an accident and deprived of his license does not have a driver’s license, submitted in accordance with all the rules to the traffic police, or actually lost, about which the traffic police were informed, liability arises under Art. 12.7 Code of Administrative Offenses of the Russian Federation part 2.

The driver faces:

• Fine in the amount of 30,000 rubles;
• Mandatory work from 100 to 200 hours;
• Arrest up to 15 days.

Only one punishment can be imposed; combining a fine and arrest is unacceptable.

Responsibility will arise in the same way under Art. 12.7 Code of Administrative Offenses of the Russian Federation part 2.

In this case, it will not matter whether the driver showed his license to the traffic police officer or not for the purpose of punishment or prosecution.

If the driver filed a statement with the traffic police about the loss of his license or surrendered his license but made a duplicate, in addition to liability under Art. 12.7 part 2 of the Code of Administrative Offenses of the Russian Federation, his time served for deprivation of rights is completely reset!

Example: Ivanov S. was deprived of the right to drive a car for 1.5 years. He did not submit his certificate to the traffic police and wrote a statement about its loss. In reality, Ivanov S. continued to drive the car, occasionally presenting his driver’s license to traffic police inspectors. Since no database check was carried out, Ivanov S. always got away with it.

1.5 months before the end of the period of deprivation of driving rights, another driver collides with S. Ivanov’s car. When completing the paperwork for the accident, it turns out that S. Ivanov has been deprived of the right to drive, but has a driver’s license in his hands. As a result, the duration of the sentence is reset to zero and Ivanov S. will have to serve another 1.5 years without the right to drive a car from the DATE OF SUBMISSION of the license.

Repent to the traffic police inspector that you were driving without a license. You still face 15 days of arrest or a fine of 30,000 rubles, but at least your current sentence will not be reset.

Additionally, it should be noted that there is a legal ban on drinking alcoholic beverages after an accident until a protocol is drawn up and all conditions are recorded and the driver undergoes a special examination.

A traffic police officer has the right to demand an examination if he has doubts about the sanity and sobriety of the driver of any of the cars involved in the accident.

There will be problems. Moreover, for both participants in the accident. OSAGO does not cover insurance cases when driving a car by a driver who has been deprived of his license.

1. Firstly, the deprived driver will have to forget about compensation for damage caused under the compulsory motor liability insurance policy - even if he is not guilty, he did not have the right to drive a car.
2. Secondly, the insurance company may refuse to pay the victim due to the fault of the driver who has been deprived of his license, and if he makes the payment, he will have every reason to recover it by way of recourse from the “disenfranchised” motorist.

Any driver can become involved in an accident. It's stressful and has a lot of questions. What to do, what to do, call inspectors or not? After all, sometimes it can take more than one hour, especially in big cities. You can use the so-called European Protocol, the system of use of which appeared in Europe and has proven itself well, hence the name of this document.

We invite you to familiarize yourself with: Groups of types of functional use of land plots

But here’s the problem: a driver who has been deprived of his driving license CANNOT use the Europrotocol. For several reasons:

• If he does not have a license, then it is impossible to draw up a report without information about the driver;
• If the certificate is in hand, the insurance company will check its validity and still refuse to pay!

As a result, not only will the driver deprived of the right to drive be punished, but he will also be left without insurance. And if he is at fault, he will compensate for the damage caused.

Punishment for road accidents with severe injuries

A severe degree is understood as a persistent loss of working capacity of more than one third of the possible one, causing serious harm to health. That is why in case of a traffic accident, as a result of which a person was seriously injured, not an administrative, but a criminal case is opened. The penalty under Article 264 of the Criminal Code is provided for in the form of imprisonment for a term of up to three years. In this case, actual imprisonment can be replaced by forced labor for up to two years. The final decision is made by the court after studying all the circumstances of the case.

Fatal traffic accident

If the injured person dies during an accident, the case goes from administrative to criminal. In this case, it does not matter when exactly the victim died - directly during the accident or after receiving injuries in a medical facility. A fatality in an accident is usually classified as homicide by negligence, but is regulated by Article 264 of the Criminal Code. If the culprit was not intoxicated, then the punishment is provided in the form of imprisonment for a term of up to five years or is replaced by forced labor for a term of up to four years. In this case, the person is prohibited from holding certain positions or engaging in certain activities for this period. The right to drive a vehicle is also lost for a period determined by the court.

Features of road accidents with victims

The circumstances of the accident can be very different. For example, a driver may not be able to control the vehicle due to bad weather conditions, which will lead to a traffic accident with injuries. In this case, it will be illegal to charge him with the highest degree of responsibility, since little depends on him. That is why, when determining the degree of guilt, all circumstances of the accident and the actions of the participants in the accident are always considered. If the culprit of the incident violates the established traffic rules, then this is also taken into account when imposing a punishment.