Accident with a pedestrian: when a driver can claim compensation

Responsibilities of the driver and pedestrian according to traffic rules

In road traffic, the driver-pedestrian relationship is regulated by the Rules through corresponding prohibitions and obligations, correlating so that one group of traffic participants is prohibited from doing something or ordered to give way, while another is given the right of priority.

And in this context, not all motorists, and even more so, participants on foot, know their rights, and, most importantly, responsibilities. Therefore, it is our duty to list them.

So, the responsibilities of pedestrians include:

cross the road only at a pedestrian crossing, and if the latter is regulated, then only at the green one (clauses 4.3 and 4.4 of the traffic rules),
but it is possible to cross outside the crossing, provided that it is not in the visibility zone, and in this case the pedestrian is obliged to give way to the motorist, must not leave from behind standing cars and is responsible for failure to fulfill the obligation (clause 4.3),
move only on sidewalks and pedestrian paths, if there are none - along the side of the road, if there is none - along the edge of the roadway against the direction of traffic and in one row (clause 4.1),
if there is no crossing at the intersection, then you can cross along the line of the sidewalk or path,
if the pedestrian did not have time to cross the road when the light turns green and the light turns red, he is obliged to stop on the dividing line or island, if there is one,
as well as drivers, persons on foot are required to allow special services vehicles with their beacons and sirens on to pass.

The driver's responsibilities are consistent with the rights of the pedestrian to prevent a collision with the latter, and they are as follows:

give way to pedestrians at the crossing,
give way everywhere to pedestrians with a white cane in their hand (which signals that the traffic participant is blind),
allow the pedestrian to complete the crossing if the red light comes on to do so,
When turning, do not interfere with pedestrians.

The most important subtlety of an accident involving a pedestrian is that the driver in this case bears 2 types of liability: administrative for traffic violations and civil for harm caused to the pedestrian. Likewise, a pedestrian is obliged to compensate for damage if he is at fault in an accident, and is also subject to a fine or criminal charges, depending on the consequences of the collision.

Accident with a pedestrian - what to do?

First of all, fulfill all the duties provided for in paragraphs 2.5-2.6.1 of the traffic rules:

put up an emergency stop sign,
turn on the emergency lights,
call the traffic police.

This is especially important if it seems to you that the collision with the pedestrian was very light, there is no harm, and the pedestrian participant in the traffic himself confirms this and has no complaints.

In 2021, there are surprisingly frequent cases when a pedestrian, who had no complaints or injuries in an accident, then goes to the emergency room and records harm to health. If the traffic police were not called to the scene of the accident, then the driver will be deprived of his license under Part 2 of Article 12.27 of the Administrative Code.

Driver's administrative responsibility

It occurs both in the case of an accident due to the driver’s fault, and in the absence of consequences of the violation.

No accidents

For a simple violation - failure to allow a pedestrian to pass - the driver will face liability under Article 12.18 of the Administrative Code with a fine of 1,500 to 2,500 rubles.

This is the case when there was no accident involving a collision with a pedestrian - if the driver did not give way:

at a crossing - the most common situation when the driver is liable in the form of a fine for a pedestrian,
when turning at an intersection,
when turning into adjacent territory,
in all other cases when walking has the right of way.

Judicial practice in challenging a fine for a pedestrian.

If there is an accident involving a pedestrian

Here we are considering a case where the driver is at fault, and the pedestrian was injured, but not killed. And there are already two punishments for this offense, depending on what health consequences the accident led to:

if, as a result of a collision with a pedestrian, he suffered minor harm to health, then a fine of 2500-5000 rubles or deprivation of rights for a period of one to one and a half years,
if the damage is moderate due to the driver’s fault, the fine increases to 10-25 thousand rubles, and the term of imprisonment is up to 1.5-2 years.

How to distinguish the degree of harm as a result of an accident with an injured pedestrian is regulated rather chaotically by the notes to Article 12.24 of the Code of Administrative Offenses:

1. Minor harm to health should be understood as a short-term health disorder or minor permanent loss of general ability to work. 2. Infliction of moderate harm to health should be understood as a non-life-threatening long-term health disorder or a significant permanent loss of general ability to work by less than one third.

All decisions, rulings and rulings of the practice of the Supreme Court of Russia under Article 12.24.

Accident caused by a pedestrian

The driver of the car is not always to blame for an accident; accidents on the roads also happen due to the fault of a person crossing the roadway. Most often, a pedestrian becomes the cause of an accident when crossing the road in the wrong place. An accident at a pedestrian crossing can also be blamed on the person crossing the road at a red light. What other circumstances could there be that led to the tragedy?

Causes of the accident

An accident involving a pedestrian can also occur due to slippery or uneven road surfaces or poor visibility. There are situations when a car wheel falls into an open hatch or a deep hole. Many accidents occur in the evening and at night, and therefore it is advisable for people who often cross the road during this period of the day to purchase clothing with reflective elements. We list the main causes of accidents due to the fault of a pedestrian:

absent-minded attention;
crossing the road while drunk;
parental neglect of children;
inability to quickly orientate a retired pedestrian or a disabled pedestrian in a moment of danger;
disregard for the danger lurking on the road.

In addition to an accident involving a pedestrian crossing the road in the wrong place, the cause of the accident is often the negligence of cyclists, weather conditions, ice, or a tree blown down by the wind.

Responsibility for creating the situation

Judicial practice in cases where an accident at a pedestrian crossing occurs due to the fault of a person crossing the road when the light is red is extensive. Each case of an accident is examined by the court individually. Typically, in such cases, punitive measures against a pedestrian are limited to a fine, the amount of which varies from 1 to 1.5 thousand rubles.

If a pedestrian is to blame for the accident, serious bodily injury is caused to the driver or passengers, criminal liability will be assigned, and the court may decide on imprisonment. If people died in an accident due to the fault of a pedestrian, he faces a prison term of up to 7 years. So, in order not to cause an accident, pedestrians need to be no less careful than drivers, since they too can be punished for violating the rules, including being put behind bars.

Criminal liability

The Criminal Code of the Russian Federation is applied in cases where a pedestrian has suffered severe injuries or resulted in his death. But, despite only 2 gradations, there are much more punishments.

In the event of a fatal accident with a pedestrian, the driver’s liability in 2021 increases severalfold - both in the quality and in the number of possible articles applied.

if a pedestrian is seriously harmed, but the motorist faces Part 1 of Article 264 of the Criminal Code,
if the driver was drunk, then the punishment is even harsher - under Part 2 of the same article,
Part 3 awaits the driver if the accident resulted in death,
part 4 – if the motorist was intoxicated during the accident and caused death at a pedestrian crossing or in other places where the pedestrian participant was in the right according to the traffic rules,
part 5 – if a sober motorist hit 2 or more people,
part 6 – if a drunk driver hit 2 or more people,
Part 1 of Article 111 of the Criminal Code - if the car owner hit a pedestrian intentionally and caused him (according to the results of the examination) serious harm to health,
part 4 art. 111 of the Criminal Code for a similar intentional collision with a pedestrian, and as a result of the accident he died.

Judicial practice of the Supreme Court of the Russian Federation under Articles 264 of the Criminal Code and 111 of the Criminal Code.

How is the culprit determined?

Upon arrival at the site where the traffic accident occurred, State Traffic Inspectorate employees conduct a thorough inspection of the area in order to determine the pattern of the accident. It takes into account:

Length of the car braking distance;
The position of the hit pedestrian on the roadway;
Availability of signs and operability of traffic lights (if the accident occurred at a crossing);
Technical condition of the vehicle;
Viewing angle and visibility range.

But such an examination is not capable of establishing one hundred percent guilt in a fatal accident with a pedestrian. Therefore, traffic police inspectors are additionally required to study the testimony of witnesses to the accident, as well as materials from video recorders or surveillance cameras located in the incident area. And only after a thorough check can the court finally determine the culprit of the accident, imposing an administrative or criminal penalty on him.

Does OSAGO compensate a pedestrian?

Yes. The vehicle insurance is designed to protect the driver from liability to other road users. And this is not limited to compensation for damages under compulsory motor liability insurance when causing damage to other cars.

In particular, OSAGO works in the following situations:

if you hit a pedestrian and got him dirty, his clothes were torn, his phone was broken, and so on, then the pedestrian’s insurance will compensate for property damage within the established limit of 400 thousand rubles,
if, as a result of a collision with a pedestrian, he is killed or harm is caused to his health, then OSAGO will compensate for this harm; the limit is already 500,000 rubles,
and even if the driver fled the scene of the accident, then according to the auto civil law the pedestrian is subject to compensation in the form of a compensation payment; basis – paragraph 1 of Article 18 of the Federal Law “On Compulsory Motor Liability Insurance”.

And even more unexpected - even if the pedestrian is at fault, he will still be able to receive compensation from the car owner's insurance. But we’ll talk about this possibility a little lower – in terms of civil liability.

Important! Didn't receive an answer to your question? Our expert lawyers work for you. It's absolutely free!

Only practicing traffic lawyers
Anonymously
For free

or call toll free number 8
✖

Administrative responsibility of a pedestrian

Of course, pedestrians also bear joint liability if they violate traffic rules. But, unlike the driver, the fines for those on foot are much lower:

500 rubles or a warning for any traffic violation without consequences in the form of an accident (12.29 Code of Administrative Offenses),
if such a violation created interference in traffic – 1000 rubles (Part 1 of Article 12.30),
if the result is a traffic accident causing minor or moderate harm to health - 1000-1500 rubles (Part 2 of the same article).

Can they be detained?

Yes. And the reason for this is that the pedestrian does not have an identity document. There are also other grounds, but they are used much less frequently.

Criminal liability of a pedestrian

It occurs in cases where, due to the fault of a pedestrian, an accident occurred - it does not matter whether it involved a collision with him or he simply created an obstacle, as a result of which, for example, other vehicles collided, where people suffered serious harm to health or death.

And this issue is regulated by 2 articles of the Criminal Code:

if a person died in an accident due to the fault of a pedestrian, then Part 1 of Article 109 of the Criminal Code applies - causing death by negligence,
in case of 2 or more deaths, where the culprit is a pedestrian, part 3 of the same article applies,
for grievous harm there will be Article 118, Part 1 of the Criminal Code.

Judicial practice of the Supreme Court, where cases involving pedestrians charged with Article 109 or Article 118 were considered.

Procedure for bringing to responsibility

Directly at the scene of an accident, it is difficult to establish the unambiguous guilt of a pedestrian, since his behavior on the road can depend on many factors - violation of traffic rules by other drivers, lack of signs or markings, and other reasons. To record all the circumstances of the accident, you need to perform the following steps:

make sure that there is no threat to the life and health of citizens, call an ambulance or take the victims to the hospital;
record the location of the cars, as well as other evidence (for example, take photos or videos);
call traffic police officers to draw up a protocol on traffic violations, as well as to draw up a report on damage to the car;
contact an independent expert to assess property damage;
undergo a medical examination to assess harm to health.

If, as a result of an accident due to the fault of a pedestrian, serious harm to health or death occurs, there is a possibility of criminal prosecution. However, for this to happen, one of the forms of intent must be confirmed in the actions of the person responsible for the accident. In other cases, punishment will follow only in the form of a fine under the Code of Administrative Offenses of the Russian Federation, as well as in the framework of a civil case.

If the traffic police officer establishes the guilt of not only the pedestrian, but also the driver, two administrative protocols are drawn up. In this case, compensation for the injured pedestrian will be paid under the MTPL program. To recover compensation in favor of the driver, you will need to file a lawsuit.

To go to court you will need the following set of documents:

a statement of claim signed personally by the car owner or his representative under a notarized power of attorney;
a copy of the title documents for the car - vehicle registration certificate, PTS;
OSAGO and/or CASCO policy;
materials from administrative proceedings confirming the pedestrian’s guilt in an accident;
an independent expert report confirming the amount of property damage;
a medical certificate confirming the severity of bodily injuries;
payment documents confirming partial payment of insurance;
payment document confirming the transfer of state duty.

It is possible to recover damages from a pedestrian, even if he was not held administratively liable. For example, the Code of Administrative Offenses of the Russian Federation allows you to avoid punishment if the offense is considered insignificant or insignificant. In this case, the very fact of issuing an administrative decision will be evidence of the pedestrian’s guilt.

Pedestrian civil liability

As we have already indicated above, in addition to administrative and criminal, which are applied as punishment to road users by the state, there is also civil liability. It is expressed in compensation for damage to health, property and moral harm to the person to whom such damage was caused.

And in case of an accident involving pedestrians, where the culprit is a pedestrian participant, this person bears full responsibility. For example, if a person is hit by a car in the wrong place, then the pedestrian is responsible for damage to the car - dented body parts. The law is harsh, but it is the law of 2021!

If he disappeared

The main thing is that the pedestrian does not run away, because it is very difficult to identify him, unlike vehicles that have license plates. Consequently, in the event of an accident with a pedestrian, where he fled the scene, there is practically no chance of finding him.

In any case, it is your duty to call the traffic police, who, upon the fact of hiding, are obliged to initiate a case to find the culprit.

Judicial practice regarding pedestrians who fled the scene of an accident.

If drunk

In this case, for the injured driver, the consequences of compensation for harm from the pedestrian are no different than if he were sober. But for the latter, administrative (fine instead of warning) or criminal liability (imprisonment instead of a fine, as an example) will be harsher, since intoxication is undoubtedly an aggravating circumstance in an accident.

And the traffic police should be called in this case, even more so. The fact is that possible harm to health if a pedestrian is drunk may not be at all obvious - he simply does not feel pain when intoxicated, for example. And given that a pedestrian is a potential culprit of a traffic accident, it becomes especially important to record all the circumstances of the accident in a timely manner.

Judicial practice in 2021 regarding pedestrians causing accidents while intoxicated.

Can a driver apply for compulsory motor liability insurance?

No. As we have already described above, the driver’s motor third-party liability is insured under OSAGO. Not property, but responsibility. Therefore, this type of insurance covers damage caused by the car owner to a third party, and the property is insured by Casco. If you have such a policy, then you can certainly apply for it.

Material damage to a pedestrian in an accident: judicial practice

The pedestrian is given the right to demand compensation for the harm caused to him directly from the car owner. Moreover, it does not matter whether the liability was insured or not. That is, the law gives the victim the right to go to court without turning to the insurer at all. In this case, the defendant (car owner) must notify the insurance company that a claim for damages has been sent to him, and thus attract the insurer to participate in the case (Clause 2 of Article 11 of the Law “On Compulsory Motor Liability Insurance”).

Claim to the insurance company under compulsory motor liability insurance. Read here whether MTPL insurance pays to the person at fault for an accident.

Find out what to do if the insurance company sues the person responsible for the accident at the following link:

How does judicial practice in Russia determine material damage in a pedestrian accident? The basis for starting the process on the issue of compensation for damage to a pedestrian is his statement of claim in court. The defendant is identified as the car owner through whose fault the damage was caused to the pedestrian. The application must be accompanied by documents confirming the amount of damage caused.

Sometimes the question arises, to which court should the application be sent? This is determined by the type of damage. If property is damaged or destroyed, then such cases are considered by the court at the place of residence of the defendant, that is, the car owner. If harm is caused to life or health, the claim can be sent either to the court at the place of residence of the defendant or the plaintiff - whichever is more convenient for the victim (Part 5 of Article 29 of the Code of Civil Procedure of the Russian Federation).

If the car owner does not insure his liability, the court will consider the victim’s claim according to the general procedure.

On a note! If an accident occurred as a result of a technical malfunction of the vehicle, then according to Law No. 170-FZ of July 1, 2011, the injured pedestrian has the right to demand compensation for damages from the organization that carried out the technical inspection. But only if the inspection operator was a private and not a government organization.

The variety of options for conducting a case and the abundance of required documents makes the process of obtaining compensation difficult. Therefore, if you are not sure that you can independently understand all the legal intricacies, it is better to seek help from a competent lawyer. This way you have a better chance of receiving the maximum possible compensation.

Driver's civil liability

It similarly consists of compensation for damage caused to property, life or health of a pedestrian, and in cases where the driver is entirely at fault for the accident, everything is very clear. But there is one important subtlety when the driver is obliged to compensate for the harm to the pedestrian if the former is innocent.

Article 1064 of the Civil Code prescribes compensation for harm specifically to the person causing the harm, but there is also Article 1079 in the Civil Code of the Russian Federation, which establishes the obligation of such compensation in the event that there is no fault of the person at all. This is a source of increased danger.

Owning a car, as well as driving it, is the use of IPO. And there are exceptions to refunds. The obligation of the IPO owner to pay the pedestrian ends in 2 cases:

the collision with the pedestrian occurred as a result of the latter’s intent, and this is a fact proven in court,
the harm occurred due to force majeure.

If several cars and a pedestrian were involved in an accident, then the drivers, as owners of the IPO, bear joint and equal responsibility (Part 3 of Article 1079 of the Civil Code).

We will consider the details of this subtlety below in situations.

Judicial practice under Article 1079 of the Civil Code of the Russian Federation.

Something else useful for you:

Everything about electric scooters in questions and answers: rules, fines and the latest news
How to appeal a fine for jaywalking or running a red light for a pedestrian?
Is it true or not that the fine for drunk driving will increase in 2021?

If the driver is not guilty, but the pedestrian is guilty

Thus, in this case, in standard situations, the following distribution of responsibilities of the parties to the accident occurs:

the pedestrian, since he is at fault for the accident, compensates for property and other damage to the driver under Article 1064 of the Civil Code,
the driver also compensates for any harm to the pedestrian on the basis of Article 1079 of the Civil Code as the owner of the IPO.

Does MTPL cover damages under IPO?

Yes. Since the driver’s liability is insured, damage to a pedestrian in an accident is compensated by insurance. The pedestrian participant, as the culprit, pays the driver from his own pocket.

At the same time, the driver, of course, will not receive payment for his own car under compulsory motor liability insurance - only a pedestrian has such a right.

And this is the very illogical, at first glance, case when, even if the driver is not at fault in the incident, his responsibility comes (at the same time, there is no punishment), and his BMI increases if the pedestrian applies for damage compensation.

In addition, please note that, according to judicial practice, also due to the possession of an IPO, damages are compensated not only in an accident between a driver-pedestrian, but also a driver-cyclist and a cyclist-pedestrian.

If the motorist fled

In cases where, in an accident involving a collision with a pedestrian, the driver of the car fled the scene of the accident, then even if the guilt of the pedestrian participant is confirmed, the damage is also subject to compensation under the IPO. However, it is no longer paid by the driver, but by the owner of the vehicle.

The fact is that 1079 Civil Code speaks specifically about the owner of the car. And if the driver is not identified, the owner is the owner.

Judicial practice on compensation under the IPO if the driver fled the scene of an accident.

Controversial situations

Damage suffered by a motorist due to the fault of a pedestrian must be compensated exclusively by the culprit of the road accident. But in reality everything is not so simple. After all, if the initiator of the accident received bodily injuries, then in this case Article 1079 of the Civil Code comes into force, which obliges the owner of the vehicle to pay compensation to the victim, even if he is officially assigned the status of a victim of an accident.

Simply put, if a person throws himself under the wheels of a car, the owner of the movable property will have to reimburse him for all the costs of treatment. But in this situation, the motorist is completely exempt from fines and criminal liability, which is provided for by the Criminal Code and the Code of the Russian Federation.

We learned what a driver faces for a fatal accident at a pedestrian crossing, and how you can avoid punishment for hitting a person. In conclusion, it remains to add that it is quite difficult to prove your innocence in such incidents as a driver. Therefore, you need to be extremely careful while driving and try to avoid the problems described above as much as possible.

Forensic examination of an injured pedestrian

Typically, accidents involving pedestrians, where they were injured, last quite a long time - up to 1 year. The reason for this is the fact that the harm caused to their health has been established. The same situation occurs in accidents involving only cars, it’s just that in such cases there are fewer victims, so for an accident with a collision with a pedestrian this becomes more relevant.

The duration of the administrative investigation here directly correlates with the lengthy process of ascertaining injuries and their extent. As a result, the driver is given a certain punishment if he is guilty.

But even a pedestrian under compulsory motor liability insurance will not be able to receive compensation from the driver until the completion of the forensic medical examination and a decision on the liability of the motorist.