What to do if a sober driver hits a drunk pedestrian?

What is a pedestrian collision?

A collision is any traffic accident (RTA) when the driver of a car collides with a person walking . The case when a pedestrian collides with a moving car is also considered a collision .
A collision is considered to be not only the direct impact of a person and a car, but also the impact of a pedestrian on a load carried by the driver . A walking person may not notice an oversized load (boards, iron, building materials, etc.) and stumble upon it .

Such an incident is also considered a full-fledged collision . Therefore, it is necessary to transport cargo in accordance with the rules for the carriage of goods. You will learn about the rules of such transportation and the fine for driving under the sign “Truck traffic is prohibited” in this material.

At a pedestrian crossing, the motorist must in advance that there are no pedestrians and the movement is safe . Only after this can he continue moving. In cases where an accident occurs within a pedestrian crossing, the driver of the car that ran over the person is always considered to be at fault.

The guilt of a pedestrian can be recognized only in one case - when a person deliberately collides with a car (throws under the car / runs out in front of it) in order to subsequently file a lawsuit against the driver, blackmail him, and extort money. Even in this case, the driver will be protected only if there is evidence (recording of a violation).

What should a pedestrian do?

From a legal point of view, a pedestrian is the most protected participant in a traffic accident, but only when he is hit on the road.

A car is a source of increased danger; because of this, the motorist is most often brought to criminal liability. It is this circumstance that most often pushes to commit a related crime - after hitting a pedestrian, the motorist does not have to wait for the traffic police to arrive, but leaves the scene of the incident.

Under various circumstances, such actions may even go unpunished. To prevent this from happening, the pedestrian must also know how to act correctly after a traffic accident.

Procedure

1. First of all, the pedestrian must remember as many details as possible of the vehicle that hit him, provided that his driver leaves the scene of the accident. It is desirable that police officers have the opportunity to record in the documents the license plate number of the car, its color and make, this will significantly reduce the time it takes to find the culprit’s car.
2. The next step is to see if there are people nearby who can act as witnesses to what happened and give evidence to the traffic police.
3. If, as a result of a car collision, there is more than one victim, you should make sure that they do not need to call an ambulance. If such a need arises, you should immediately call for help at the scene of a traffic accident, and only then contact the traffic police.
4. If the physical condition of the victim allows him to remain at the scene of the accident, it is necessary to wait for the arrival of the traffic inspectors in order to independently describe to them all the details of what happened. This will give you the opportunity to defend your rights and quickly find the at-fault driver.
5. After the traffic police officers arrive at the scene of the accident, it is necessary to write a statement about the damage caused after the collision.
6. If the pedestrian feels unwell, it is possible that as a result of the collision he received an injury that could negatively affect his health later.
   It is worth remembering that immediately after a collision a person will have a large dose of adrenaline in his blood, which will not give him the opportunity to really assess all the consequences of the collision or feel the pain from his injuries. Therefore, if at the time of the arrival of the traffic police officers, the condition of the victim has become much worse than before the collision, it is worth calling an ambulance and recording the damage caused to health. Crimes against life and health? The next step is to seek the help of a good lawyer who can help bring the at-fault driver to justice. From this moment on, it is necessary to record all expenses incurred, collect supporting documents, so that in the future this money can be recovered from the motorist who committed the collision.

It is worth noting that in the case of a collision at a pedestrian crossing, the motorist is held accountable immediately. But, as a rule, punishment awaits the driver in any case, regardless of which section of the road the accident occurred on, since he must be careful when driving a source of increased danger.

Classification

Collisions with pedestrians are divided into certain categories in accordance with the characteristics (type of classification). This is necessary to facilitate the conduct of automotive technical examination during legal proceedings.

How a man walks:

• To the right or left of the car (side impact);
• Towards or away from the vehicle (impact from the front or rear of the car);
• A person walks without changing speed or direction.

Characteristics of human movements:

• A person changes the speed of his movement;
• The man stands motionless.

Traffic:

• The vehicle drives, observing a certain speed limit until braking begins;
• The car slows down;
• The vehicle is in an uncontrolled skid.

What part of the car was hit?:

• Front of the car;
• All other parts (sides, rear).

Impact characteristics:

• Strong blocker;
• Superficial, sliding;
• The vehicle rolled its wheels over the human body;
• Pressing down a person’s body with a machine and/or together with other things, buildings, structures.

By review and degree of visibility:

• Unlimited review (visibility);
• Limitation of vision to a stationary object;
• Limitation of visibility by a moving object (living/non-living);
• Conditions of limited visibility and visibility.

Depending on the specific type of collision, various types and methods of studying the mechanism of a traffic accident are prescribed.

A blind pedestrian who gives a signal (raises it to the level of the abdomen, chest, and waves from side to side) with a WHITE cane is required to give way to all cars , regardless of where such a person crosses the roadway (Article 14.5 of the traffic rules).

Collision at a pedestrian crossing

The driver of the vehicle is driving a vehicle that is potentially life-threatening (increased danger). No matter what happens, the driver will always be to blame for the accident .

For this reason, the traffic police warn that you need to be collected and attentive on the road, not to violate traffic rules (about all traffic violations), to choose a speed limit that suits the weather conditions and the situation on the road (for speeding - a fine or deprivation of your license?).

Hitting outside the crossing

What to do if you hit a person not at a pedestrian crossing? Driver actions:

1. The car must be stopped and the engine turned off . to move (move, leave, including to park) from the scene of the accident ;
2. Get out of the car and see what damage the hit pedestrian received . Give him first aid if necessary. If the blow was strong enough, the person should not be moved from his place, he should be laid down, placing some clothing under his head as a pillow;
3. Ask witnesses to call an ambulance and the traffic police or do it yourself;
4. All witnesses to the incident must be asked and recorded with all contact information (full name, contact telephone number). This must be done even if the driver violated traffic rules;
5. Place a warning triangle in front of the vehicle. If a braking distance is visible on the asphalt, place a sign at its beginning. This way, traffic police officers will be able to correctly calculate the speed of the vehicle. It will also show that the driver applied emergency braking;
6. Inspect the scene of the incident , record everything on a photo or video camera;
7. When drawing up a protocol and taking measurements, carefully check all the notes they make. This will help identify inconsistencies. If the driver disagrees with the inspector about something, he must state this and ask that they be included in the inspection report of the scene of the incident.

It is advisable to consult with a lawyer , attorney, or invite him to come to the scene of the accident before the inspectors arrive.

The pedestrian wants to leave

If a pedestrian intends to leave the scene of an accident and does not give in to the driver’s persuasion, he must leave a receipt .

It must state that a traffic accident occurred with a car of a certain make and license plate; the pedestrian has no complaints and refuses medical assistance . It is also necessary for the victim to write down his contact information.

What does a driver face if he hits a person at a pedestrian crossing?

Each situation is individual, but there is a certain punishment for hitting a pedestrian outside a pedestrian crossing in the form of a fine .

Here you will find information about other fines for traffic violations.

Depending on the severity of the injuries that were caused to the pedestrian during the collision and the degree of guilt, the driver may incur administrative or criminal liability .

Serious harm to health – criminal liability (Article 264, part 1 of the Criminal Code of the Russian Federation).

For such an offense, the following sanctions :

• Restriction of free movement ( 3 years );
• Community service (forced 2 years );
• Arrest for 6 months;
• Imprisonment ( 2 years ) with deprivation of the right to drive a vehicle ( 3 years );
• Deprivation of the right to drive a vehicle for no more than 3 years;
• Fine for violating traffic rules;
• Funds for treatment the victim, lost earnings, if the cost is more 160,000 rubles (difference).

  
  Treatment and lost earnings up to 160 thousand (inclusive) are paid by the insurance company , and everything above this amount is paid extra by the culprit by court decision (Article 1079 of the Civil Code of the Russian Federation);

• Moral damage by court decision (the amount of damage is proposed by the plaintiff - the victim and is established by the court).

A pedestrian is subject to a fine for crossing the roadway in the wrong place (12.29 part 1 of the Administrative Code) in the amount of 500 rubles or for obstructing traffic in the amount of 1,000 - 1,500 rubles (12.30 of the Administrative Code).

Average harm to health (the victim remains in the hospital for more than 21 days) - strict administrative liability (12.24 part 2 of the Administrative Code) .

What does it entail:

• Fine 10,000 – 25,000 rubles;
• Deprivation of a driver's license for 1.5 - 2 years ;
• Funds for the treatment of a pedestrian and loss of earnings in excess of 160,000 rubles by court decision;
• Moral damage by court decision.

A pedestrian is subject to the same fines under 12.29.1 and 12.30 of the Administrative Code in the amount of 500 or 1,000 - 1,500 rubles .

The minimum punishment is expected for a driver who causes minor injury to a . Moreover, all bruises, contusions, abrasions and small scratches - any traces of the incident, even the most insignificant.

The examination is carried out by a forensic expert, therefore, having received a blow on this day in any other situation, the victim can pass it off as the consequences of an accident.

Minor harm to health - administrative liability (12.24 part 1 of the Administrative Code).

What does it entail:

• Administrative penalty 2,500 – 5,000 rubles ;
• Deprivation of rights for 1 - 1.5 years ;
• Moral damage by agreement of the parties or by court decision.

The pedestrian must pay a fine if he is found guilty of an accident - from 500 to 1,500 rubles (12.29.1 and 12.30 Code of Administrative Offenses) . We will tell you in more detail about all violations of traffic rules by pedestrians and the fines that are imposed on them here.

Pedestrian death

If you hit a person to death, what are the consequences? What responsibility and what punishment will there be if you hit a person to death not at a pedestrian crossing? When a victim receives injuries that are incompatible with life and dies at the scene of an accident or in a hospital, a criminal case is automatically opened .

The driver faces:

• Up to 4 years of correctional labor and deprivation of a driver’s license for up to 3 years ;
• Imprisonment for 5 years and deprivation of rights for 3 years ;
• If more than two people died due to a collision (in an accident) , the term increases to 7 years .

Each situation is individual and depends on many reasons. If a collision is inevitable , when the driver has done everything to avoid it or with the consent of the parties, the court imposes a suspended sentence .

In case of death, the driver is always to blame , regardless of the circumstances .

Sidewalk collision

As in a crosswalk, on a sidewalk the pedestrian is a priority participant . The driver is always found guilty because he is driving a highly dangerous vehicle.

Even in cases where the collision was caused by a car that had lost control or the car was in an uncontrolled skid. The punishment and responsibility provided for do not change. Read more about how much it costs a driver to drive on the sidewalk here.

Hitting a pedestrian is a nightmare for every driver. There is no need to remind you that it is very important to be attentive and responsible while driving. Often the causes of such accidents are the following traffic violations: driving a car with low beam headlights off, driving under a “No Traffic” sign, talking on a mobile phone while a vehicle is moving, using xenon lamps and tinting lighting devices. And also particularly serious violations that can lead to dire consequences are being drunk while driving, running a red light, crossing a solid double marking.

Man intoxicated

What happens if you hit a drunk person (pedestrian) outside a pedestrian crossing, is there liability? at all what age, degree of health and condition the injured person was . The driver operates a vehicle of increased danger, so he must a priori bear responsibility .

On the other hand, a person under the influence of drugs or alcohol may behave inappropriately on the roadway and interfere with the normal movement of vehicles.

For such actions he will be responsible before the law and the state, imposing fines.

If the collision was committed by a driver under the influence of alcohol or drugs , in addition to the punishment for hitting a pedestrian , he is deprived of the right to drive vehicles for a period of 1.5 to 2 years . A fine of 30,000 rubles is imposed on him .

Left the scene of an accident

If a driver, having hit a pedestrian, flees the scene of the incident , he faces deprivation of his driver's license for a period of 1 to 1.5 years or arrest for up to 15 days .

There are often situations where an incident occurs with a minor collision with a pedestrian . Having sorted it out and agreed that everything is in order, there are no injuries, the pedestrian and driver disperse without leaving each other contact information .

Then, after some time, the driver is called to the traffic police or stopped on the road and charged with leaving the scene of an accident (Article 12.27 part 2 of the Administrative Code). This happens if the victim felt unwell and independently sought medical help , or when, after telling relatives, the victim decides to recover moral damages from the driver.

Types of liability

It is known that, in accordance with the rules, it is necessary to cross the roadway at a designated place.
But even if the driver hit a person outside the established pedestrian crossing, liability is still provided for in the law.

Even though the pedestrian’s guilt in the incident has been proven, the driver has also been punished.

For hitting a person crossing the road in the wrong place, the following types of liability are provided:

• administrative;
• civil;
• criminal

We will try to determine what will happen to the driver if he hits a pedestrian not at a pedestrian crossing.

Involvement in different types of liability will depend on the circumstances of the accident and the severity of the damage:

1. Administrative liability implies the imposition of an appropriate fine. The amount of the penalty depends entirely on the severity of the damage caused, that is, on the injuries the pedestrian has. The victim has the right to demand compensation for moral damage, harm to health, and treatment costs. The claim may be brought in court. Bringing to administrative liability does not exclude civil liability.
2. Civil liability just means compensation for damage caused as a result of an accident. Most often, such a penalty is imposed in monetary terms. This measure is relevant if a pedestrian is not hit to death.
3. The most severe type of liability is criminal . The driver is involved in it in case of severe consequences of an accident. If the victim is hit and killed, the perpetrator can be sentenced to 7 years in prison. When such a serious accident occurs, the driver is found guilty.

A natural question arises: if a driver hits a pedestrian not at a pedestrian crossing, who is to blame? All this is decided, in most cases, individually.

When serious harm to health is caused, the case is considered exclusively in court. Much will depend on the process, on the judge, since even evidence, evidence in video format is accepted at the discretion of the court.

Punishment and liability for hitting a pedestrian at a pedestrian crossing

I hit a person at a pedestrian crossing, what is the liability? If a driver allows a collision with pedestrians at a pedestrian crossing, all the same actions should be taken:

• DON'T LEAVE;



• check the victim, provide him with first aid ;
• call the traffic police and emergency medical assistance;
• display an emergency stop sign ;
• take contact information from eyewitnesses;
• film the scene of the accident;
• monitor the drawing up of a diagram of the scene of the incident and a protocol.

When an incident occurs at a pedestrian crossing, in 99% of cases the driver is found to be at fault, because he is driving a high-risk vehicle and is obliged to let pedestrians pass in this area (and what punishment will a driver suffer if he did not hit but did not let a pedestrian pass?).

The penalty for hitting a pedestrian at a pedestrian crossing also depends on the severity of the damage . Pedestrians are not fined because they are priority traffic participants in the pedestrian crossing area.

What to do if a driver hits a pedestrian and kills him

Unfortunately, fatal collisions occur quite often. And sometimes innocent pedestrians who were crossing the road in specially designated places suffer, but were ignored by the driver of the car.

Such traffic accidents result in criminal prosecution. To avoid punishment, some motorists try to flee the scene of an accident, but these actions are wrong. Almost always, the culprit of the incident can be identified thanks to CCTV cameras, dash cam recordings, and witness testimony.

Therefore, the driver must know how to act correctly if he hits a pedestrian and kills him.

Procedure

1. First of all, you need to turn on the emergency stop signal and put up a sign.
2. The next step is to approach the injured person and check for signs of life. This can be done simply by checking the pulse in the neck, in the area of ​​the carotid artery. If necessary, first aid should be provided to the hit pedestrian.
3. Next, call an ambulance and the police to the scene.
4. It is advisable to call a good auto lawyer at this stage and ask him to come to the scene of the accident so that he can be present when filling out all the documents. In this case, you should not give any testimony before the lawyer arrives at the scene of the accident, even if the traffic police officers deny this possibility. The presence of a defense attorney is the legal right of every person, especially in cases where the incident resulted in the death of a person.

A selection for you!

Download forms and sample documents for motorists to a safe place.

Registration of an accident

1. Inspection protocol . In case of minor or moderate harm to health, the document is drawn up by a traffic police inspector . If the victim has died or suffered serious harm , a special team (automotive technician, criminologist, investigator) goes . All traces are examined, material evidence is confiscated;
2. The technician inspects the car, the results of this inspection are also recorded in the protocol;
3. A survey of eyewitnesses to the incident is conducted, all data is recorded;
4. Profile automotive examinations are carried out (traceological, automotive technical). They are necessary for correctly determining the mechanism of an accident;
5. Forensic-medical examination . It is necessary to identify the degree of harm caused to health and/or the cause of death of the victim;
6. Based on the results of all actions, a procedural decision is made.

If the accident is serious, with serious bodily injuries , injuries incompatible with life, the case is sent to the prosecutor's office . The investigator initiates a criminal case .

What to do if you hit a pedestrian

There are a number of actions that a driver must take, regardless of the circumstances of a traffic accident:

1. According to paragraph 2.5 of the traffic rules, under no circumstances should you remove the car from the scene of the accident. Violation of this clause may result in deprivation of rights for up to 2 years.
2. Call traffic police and ambulance. If possible, provide first aid if the victim’s condition is satisfactory. Otherwise, it is not recommended to change the position of the downed person, as this may aggravate the injuries. It is better to wait for the doctors to arrive. However, if the pedestrian’s condition is critical and there is no time to wait, after calling the police, it is necessary to catch a passing vehicle and deliver the hit person to the nearest hospital.
3. Place an emergency stop sign at the very beginning of the braking distance.
4. Report the accident to the insurance agency and your lawyer (if you have one).
5. Using a camera, record the position of the victim relative to the car, road signs, and damage to the car. If there are debris and plastic scattered along the road, take photos of them too. This will be useful for examination to calculate the location of the collision between a pedestrian and a vehicle.
6. It is advisable to film everything that happens on camera (DVR, phone). Continue filming even while traffic police inspectors are drawing up a report. It is advisable that the date and time be recorded on the video.
7. Carefully write down your full name. eyewitnesses of the incident and their contact details.
8. When drawing up the protocol, make sure that everything is recorded down to the smallest detail. If the numbers and measurements do not match, ask for an amendment. Such detail will further help disprove guilt.

Important! Under no circumstances should you hide from the scene of the accident or shy away from providing all possible assistance to the victim! Such behavior is considered uncooperative and is criminally punishable.

This algorithm broadly answers the question: what to do if a person is hit by a car? Specific cases will be discussed below.

Pedestrian rights

The victim can file a lawsuit against the driver who hit him. This can be done to recognize moral damage and material damage .

Moral damage refers to emotional suffering and the general condition of the person who finds himself in such a situation. Material damage – money spent on treatment, lost profits, lost wages , etc.

The claim is filed for any severity of the collision at the request of the victim. The court independently decides whether to satisfy the claim. He may order the defendant to pay half, 1/3 or 1/100 of the named amount.

Arbitrage practice

A collision not at a pedestrian crossing

A man hit a pedestrian on the highway in the dark . The weather conditions were bad - rain, fog, along the edges of the road there were trucks that stopped for the night.

Repair work was going on on the road. Moving behind the truck, the woman driver chose the correct speed.

The truck changed lanes several times, and the woman changed lanes after it. Then the truck turned sharply to the left, and the woman saw a pedestrian walking along the edge of the road 10 meters from the car. The woman slammed on the brakes, the car skidded several times and almost pulled out onto a truck standing on the side of the road.

Having applied emergency braking, the driver was unable to cope with the situation and caused a collision with a pedestrian. He suffered moderate injuries. Having studied all the circumstances of the case, the prosecutor's office refused to initiate a case .

The victim filed a lawsuit and offered to pay the woman driver 300,000 rubles instead of the 500,000 rubles declared to the court. The driver refused. The victim was refused to initiate a case, and the court did not satisfy the claim for moral damage.

A collision at a pedestrian crossing

The driver was moving at low speed along a city street. Having crossed more than half of the pedestrian crossing, he felt a blow to the rear of the car. Getting out of the car, the driver saw a man sitting on the road and holding his chest. Without waiting for an ambulance, the men went to the hospital. The victim was diagnosed with a displaced fracture of the tibia.

After exchanging contacts and giving money for treatment, the driver went about his business . The men agreed to pay for treatment and moral damages in a certain amount and date. Having collected the necessary funds, the driver wanted to take it to the victim, but he received a call on his phone from a relative of the hit man.

The relative said that the application had already been submitted, and they would receive all the money through the court. The driver was found guilty not only of the accident , but also of leaving the scene of the accident .

All actions entailed payment of a fine, deprivation of a driver’s license for 3 years, moral damages , which amounted to 2 times less than the amount requested by the plaintiff (less than the funds promised by the driver to be paid to the victim).

Hitting a pedestrian is a serious violation . The driver is driving a highly dangerous vehicle, so in the vast majority of cases he remains the culprit of a traffic accident .

Punishment for a collision can be up to actual imprisonment, so you need to be collected and attentive while driving , fully concentrate on the process and road users.

Additionally, on our website we told you about other traffic violations that can also have serious consequences for motorists and pedestrians. For example, these:

• Crossing and driving along tram tracks.
• Moving railway tracks.
• Passage under the “Brick” sign.
• Unfastened seat belt.

Also read about illegal parking (including on the sidewalk and on the lawn) and what the fine is for tinting windows.

What to do if a pedestrian is at fault in an accident

In practice, there are quite often cases when a pedestrian is to blame for a traffic accident. What to do in this case?

1. For example, if a pedestrian crossed the road in the wrong place and tried to escape from the scene of a traffic accident. In this case, the driver must detain him and hand him over to the police. If a vehicle was damaged as a result of a collision, its owner can go to court and demand compensation for restoration work.
2. If, based on the results of the investigation, it is established that the motorist did not exceed the speed limit on the section of the road where the accident occurred, and tried with all his might to prevent a collision with a pedestrian, then you need to be sure that the law will be on the side of such a motorist. The pedestrian who is the real culprit of the accident will be held accountable.
3. If a pedestrian violated traffic rules, which resulted in a collision, this circumstance can protect the motorist. Witness evidence, recordings from a video recorder, and surveillance cameras can be presented as evidence.

In any case, you can confirm your innocence only if there is a sufficient evidence base. Therefore, you should take care of collecting it immediately after a collision.

A common road accident is hitting a pedestrian . It can occur under different conditions.

Today we will look in detail at the punishment for hitting a pedestrian outside a pedestrian crossing, which is provided for in current legislation.

Of course, despite the existing rules about crossing the road in designated areas, when hitting a person outside these zones, punishment is also provided.

Let's pay attention to all the subtleties that are relevant in 2021.