Checking will show. How does a medical examination for intoxication take place?

In a road traffic accident, harm can be caused not only to the vehicles of the participants in the accident, but also to the health of a third party. Often, a road accident also causes a person’s death.

It is in such situations that in practice there is a need to appoint a forensic medical examination (FME). Below are the order of appointment and features of this examination.

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What is a forensic examination after an accident?

Forensic medical examination after an accident is a type of research that can be characterized as a list of professional actions aimed at identifying the fact of harm to the health of an individual, as well as determining its severity. This examination is also carried out to identify the cause of death of a person.

Forensic medical examination after a traffic accident can only be carried out by specialists who have the appropriate education and certain work experience. After carrying out all the necessary actions, the expert issues a special written conclusion, which reflects the results of the forensic examination and can subsequently be used as evidence in court proceedings.

The SME is of particular importance in cases where people have been injured as a result of an accident. It is on the basis of a medical report that the culprit may subsequently be brought to administrative or criminal liability. For example, if the victim’s health was harmed with mild or moderate severity, the culprit may be held administratively liable. And if the victim’s condition was seriously harmed or a fatal traffic accident occurred, then the culprit may be held criminally liable.

How to investigate an accident with victims: actions and deadlines

Traffic police officers, a criminologist and an investigator arrive at the scene of the accident. The driver must answer the official’s questions honestly and not say anything unnecessary. Do not refuse a medical examination to determine alcohol intoxication, otherwise in the future this fact may be recognized as a priori established.

It is useful for the driver to monitor the progress of drawing up the inspection report. This is the main document that is subsequently investigated by the court in the event of administrative or criminal proceedings. Before signing the protocol, you need to carefully read its contents. If any inaccuracies or incomplete information are discovered, this must be indicated in writing and the document must not be signed.

The time frame for considering a case of an accident with victims takes 2 months. If it is necessary to carry out a large number of inspections, the period is extended for another 3 months.

During this period, witnesses to the accident are interviewed, the scene of the accident is examined, inspections and examinations (medical, technical) are carried out. If officials manage to find the culprit causing minor or moderate bodily harm, the materials are transferred to the judicial authority. Proceedings for an administrative offense are initiated, the consideration period of which is 2 months.

Identification during the investigation of a driver guilty of causing serious injury or death of a person results in the initiation of a criminal case. Here the review period stretches for many months. First, an inspection (up to 30 days) and a preliminary investigation (2 months) are carried out, and then the materials are sent to the court.

Kinds

Experts divide forensic medical examination after an accident into several types according to various criteria. For example, taking into account the object of study, a forensic medical study can be carried out:

• in relation to a living person;
• in relation to the corpse.

Each of these types has its own characteristics, which must be taken into account.

SMEs can also be distinguished by those who conduct the research. In this case, there are forensic examinations conducted by government agencies and independent organizations. The law states that everyone can resort to the services of an independent expert institution. It is necessary to contact an organization that has permission to carry out such work and employs the appropriate specialists.

Forensic medical examination in the case of a road traffic accident can also be:

• complex;
• repeated;
• commission.

During a comprehensive study of an object, the SME is appointed together with other examinations, and it is carried out by several specialists of various categories at once. If we talk about re-investigation of road accidents, it can be carried out in cases where, during the initial work, questions remained that were not answered definitively. A re-examination can also be carried out in cases where the results of the initial examination are questionable.

A commission forensic medical examination is carried out by a commission consisting of several experts. All of them must sign the final report. If one of them does not agree with the final result, he gives a special opinion.

Penalties

If the driver is found guilty, he will be held accountable. Its nature varies depending on the severity of the injuries inflicted on the victim.

Mild degree

Provides compensation for damages to victims. The driver is also required to pay a fine of 2 to 5 thousand rubles. As a penalty, deprivation of the right to drive a car for 1 to 1.5 years is possible.

Average degree

The driver found guilty faces administrative liability. He is obliged to compensate the injured party for damages and also pay a fine. Financial punishment for an accident with moderate injuries ranges from 10 to 25 thousand rubles. In addition, the culprit may have his license confiscated for up to 2 years.

Severe injuries

A criminal case is being initiated against the driver. The nature of the punishment will directly depend on whether the culprit was intoxicated. Other aggravating factors are also taken into account.

The following types of punishment are provided:

• Imprisonment for up to 4 years (in case of an accident with victims due to negligence or driving while drunk)
• Forced labor for up to 3 years
• Limitation of the ability to engage in certain activities

Attention! It should be noted that a prison sentence can be either real or suspended. It can be either increased or reduced if there are compelling reasons for this.

Fatal accidents

Those found guilty face a prison sentence, the length of which depends on the number of deaths and other factors. It reaches 9 years, provided that two or more people lost their lives in an accident. The maximum period is 15 years. This penalty is applied to those who deliberately provoked an accident.

Appointment of a forensic medical examination in a traffic accident

Forensic medical examination is one of the most common types of research after registration of an accident, which is very often prescribed in practice. It is always prescribed in cases where the victim’s health has been harmed, even minor. Basically, in practice, the following scheme is used: if an ambulance arrives at the scene of an incident, then an emergency medical technician is assigned to this case. This is also possible in cases where the victim seeks help from a medical institution on his own.

This type of examination can be ordered either by the court or by the investigator or inquiry officer. It can be carried out both in court and pre-trial. In addition, the services of an independent expert can be used by both the victim and the perpetrator of a traffic accident.

What is the responsibility for an accident with victims: investigation, trial, punishment

According to statistics, every year about 1,200,000 citizens die as a result of road accidents. In Russia this is one out of 6 thousand. Drivers are most often responsible for road accidents with injuries.

The most common causes of accidents

Motorists often make the same mistakes, which lead to tragic consequences. Let's look at the most common causes of accidents:

• Inattention. Due to a careless and inattentive attitude towards other motorists or pedestrians, people are distracted from participating in road traffic, creating extreme situations.
• Ignoring the rules. Experienced drivers deliberately ignore road signs, traffic lights, overtaking and maintaining distance rules, each time exposing themselves and others to danger.
• Alcohol. When drunk, a person loses control over himself, and even more so over his car.
• Over speed. Avid car enthusiasts abuse high speeds. Unfortunately, most people do not pay attention to the features of the route and weather conditions.
• Psychological reaction. Inappropriate behavior of inexperienced drivers when faced with the threat of a collision only increases the likelihood of an accident.

Driver Responsibilities

Having become involved in an incident, many are confused, trying to understand what to do first. A state of shock is fraught with danger primarily for the driver. Sometimes every second counts, so the first thing you should do is turn off the engine as there may be an oil leak.

Hurry to provide first aid to the victim, because his life may depend on timely medical intervention. If necessary, ensure transportation of victims of road accidents to the nearest medical facility.

Seek help from witnesses to the accident or those passing by.

For more information, see the article: What to do in case of an accident.

New rules

According to changes in traffic regulations dated July 1, 2015, if there are no injuries and damage is caused only to the property of the participants in the road accident, it is not necessary to involve law enforcement officials in the investigation of the incident. It is necessary to fill out forms for the insurance company and for contacting the traffic police if disputes arise between the parties or if infrastructure is damaged.

Deadlines for consideration of cases

The time frame for consideration of a case in the case of an accident with victims is on average limited to two months. But it is not always possible to put together a real picture of what happened during this time.

Inspection of the crime scene is a necessary and most significant stage of the investigative process. In this way, the conditions, time and place of the incident are recorded, which will be the basis for the investigation of an accident with victims.

After studying the relevant section of the road, further work on the accident investigation is carried out by experts.

For details of the road accident investigation methodology, see the link.

Punishment for an accident

Severe punishment for road accidents with victims who received serious injuries is fully justified. The most common injuries after an accident are:

• compression syndrome of the limbs or the whole body;
• different types of fractures;
• burns of all degrees of severity;
• traumatic brain injuries;
• separation of limbs;
• severe bruises;
• lacerations.

Any harm may result in administrative or criminal penalties, depending on the degree of injury and the angle from which the case will be filed.

Details in the article: Causing harm to health in an accident.

Deprivation of rights

Deprivation of rights in an accident with victims is a type of administrative punishment for citizens who are responsible for an accident with minor or moderate injuries. Moreover, a mild degree of severity of injury entails a ban on driving for 1-1.5 years, and an average severity – from one and a half to two years. A unique alternative to deprivation of rights is the imposition of a fine.

Fine

Administrative liability for road accidents with mild to moderate injuries provides for the possibility of being punished by paying off financial sanctions. Unlike damages (civil liability), a fine is paid not to the injured person, but to the state.

The most common violations are listed below. For them, as well as other violations, our table of new fines in 2018 is provided.

The amount of the fine increases if the accident occurred as a result of the use of alcohol, narcotic or psychotropic substances before the examination, as well as if the victim suffered mild or moderate harm.

Fatal outcome

If the worst happens—death—the perpetrator will face criminal liability. This is discussed in a separate article: “Fatal accidents.”

How to report an incident

If there are victims, the registration of an accident will have its own established procedure. Delay and mistakes in such a matter are unacceptable. The forms are filled out according to established rules by all parties. You can find out how to file an accident in a separate article.

No casualties

In most cases, resolving a casualty-free incident is not that difficult. If your car is insured, the insurance company will cover the damage.

It will be faster and more profitable to deal with the situation without involving the traffic police.

Such registration of an accident is possible provided that no municipal vehicles were involved in it, and the cost of the necessary restoration repairs is no more than 50,000 rubles.

Try to personally deal with the other side of the incident, express, listen and fulfill the demands. You can find out in more detail about how to properly file a traffic accident without injuries in a separate article.

Arbitrage practice

Judicial practice in road accidents with victims is represented by extensive statistics of sad cases. In this case, both drivers and pedestrians can be the guilty party.

Example 1

A young woman was hit by a car. Witnesses gave conflicting testimony. The girl claimed that she crossed the road from the sidewalk in accordance with all the rules.

The suspected driver explained that she suddenly crossed onto the roadway from the side of the tram tracks. The forensic examination determined that the victim correctly indicated the vector of her movement.

A criminal case was opened against the driver.

Example 2

A girl was hit while crossing the road at an overpass. She admitted that she ran across the road without making sure it was safe to do so. An administrative fine was collected from her.

How to register an accident according to the European protocol:

Liability for an accident with victims, what to do, advice from a lawyer on an accident

Responsibility for an accident resulting in harm to health #accident #driver's responsibility

COMPENSATION FOR HEALTH INJURY IN A ROADSIDE ACCIDENT - FREE LEGAL CONSULTATION

Road accident with casualties.

Source: https://avtozakony.ru/dtp/obshhaya-informaciya/s-postradavshimi.html

How is the research conducted?

Forensic examination after an accident, like any other type of research, can be carried out on the basis of an appropriate decision. Namely, a document adopted by an authorized body (for example, a court or an investigator), which serves as the basis for conducting an expert study. It must contain the following information:

• data of the person by whose decision a forensic medical examination is ordered after an accident;
• name of the institution that should conduct the examination (or data of a specific expert);
• the case for which the expert investigator is appointed;
• a list of questions that the expert must answer;
• data about the object of study;
• data on samples that are provided to the expert, if any, etc.

The victim or perpetrator of an accident can contact an expert. In this case, to carry out research work, a corresponding agreement is concluded, which also regulates the legal relationship between the contractor and the customer. It stipulates not only the timing and procedure for conducting the research, but also the amount of remuneration for the performer.

After conducting all the necessary research, the expert draws up an appropriate conclusion. This is an important document that can be used in court as separate evidence.

The conclusion should reflect the following information:

• data from the expert who conducted the forensic examination;
• data of the object of examination;
• a thorough description of all the studies that were carried out during the SME;
• the study methods used in SMEs;
• questions that the expert had to answer;
• answers to all questions, with a thorough description of the process of obtaining them.

The expert's report must be complete and contain answers to all questions posed. If there are shortcomings and unclear points in it, then a repeat study may be ordered. If the forensic examination after the accident was carried out during a trial, then if there are unclear points and questions, the expert can be summoned to court and questioned regarding the conclusion he provided.

You also need to be aware that an expert can be held criminally liable for drawing up a false or incorrect conclusion. He is warned about this before starting his activities.

First stage

Exhaled air is examined for the presence of alcohol using an ethanol analyzer. If on the first attempt the device shows less than 0.16 mg/l, then doctors immediately make a conclusion: alcohol consumption has not been established. If more, then after 15-20 minutes - the second test. And the result is assessed precisely according to it.

“It’s rare, but it happens that alcohol in the first sample is due to the presence of alcohol in the oral cavity,” noted the head of the department. — In my practice, there was a case when a girl used a menthol breath freshener before the procedure. As it turned out, it contained alcohol. The first sample turned out to be positive, the second - negative. If the law limited the study to one attempt, a sober person would be deprived of his driver's license.

Narcologists also examine the driver. Clinical signs of intoxication are detected or not detected. During the survey, they clarify what and how much the person used, including what medications. A number of drugs are prohibited, while others are not recommended to be taken while driving - they cause intoxication, drowsiness, and reduce attention.

Timing of forensic examination after an accident

The current legislation quite carefully regulates the procedure and rules for conducting a forensic medical examination after an accident. But the law does not provide specific deadlines for the implementation of expert activities. This is primarily due to the fact that such work requires various studies. In some cases, to determine the severity of the harm caused to the victim’s health, it is necessary to conduct various tests and analyses, which can take up to several months. Accordingly, the law states that the examination must be carried out within a reasonable time.

In some cases, a forensic examination after a car accident must be carried out as quickly as possible. For example, if it is carried out to identify the causes of death, then the expert must give his opinion within 1-2 days.

In addition, it is necessary to remember that if the inspection is carried out on the basis of a civil contract concluded between the customer and the contractor, then in this case, the text of the agreement may indicate clear deadlines for the examination. If they are violated, the contractor may be held liable as provided for in the contract.

Medium severity

Moderate impact is characterized by:

• more prolonged illness (more than 21 days);
• the ability to fulfill labor obligations is reduced by a third;
• there is no threat to life.

However, at the scene of an incident, a lay person cannot determine the real state of health of the victim; initially it is necessary to eliminate life-threatening factors:

• in case of loss of consciousness, but the presence of even breathing and heartbeat, it is necessary to bring the person to his senses;
• if there is no breathing, perform artificial ventilation;
• if there is no heartbeat, then indirect cardiac massage is added to artificial respiration.

ATTENTION !!! Correctly provided assistance can prevent a person from dying, and, therefore, the punishment for the person responsible for the accident will be milder and there will probably not be criminal prosecution.

The disassembly procedure for moderate severity includes the following steps:

1. Establishing the cause and consequences of the injuries received and the incident.
2. Fixing the damage category.
3. A conclusion is made about the start of administrative or criminal proceedings in the case.

According to Part 2 of Art. 12.24 of the Code of Administrative Offenses may appoint:

• fine from 10 to 25 thousand;
• elimination of the prerogative of driving from one and a half to two years.

Forensic examination in a traffic accident with a pedestrian

If the victim is not the driver of the vehicle, but a pedestrian, then in this case a forensic medical examination after an accident is subject to mandatory conduct on the basis of an appropriate decision of the authorized body. In practice, in such situations, a criminal case is always initiated; accordingly, the investigation is carried out on the basis of the decision of the inquiry officer or investigator.

Even if the victim’s health was not seriously harmed, and after the accident he went home, if necessary, he must go to the appropriate medical institution to conduct the necessary tests.

Removing the driver from control

When a road traffic accident occurs, the traffic police officer who arrives at the scene of the accident, after an initial clarification of all the circumstances, must take measures and prevent the subsequent driving of those participants in the accident who have the following violations:

• If there is reasonable suspicion that the driver is drunk.
• If the driver does not have the necessary documents giving the right to drive, use and dispose of the vehicle, as well as an insurance policy.
• In case of deprivation of rights to drive vehicles or no rights at all, as such.

Removing the driver from control, filling out the protocol

The removal of a driver from driving is documented in an appropriate protocol; an additional protocol is drawn up when he is sent for a medical examination.

If a drunk driver refuses to undergo a medical examination, his vehicle must be detained. At the same time, only those persons who directly perform the driving function are sent for a medical examination. The remaining persons, no matter who is in the cabin, are not subject to examination, since this requirement is illegal.

Investigation into fatal road accidents

In case of a fatal accident, a corpse is used as the object of forensic examination. As in the previous case, initiating a criminal case in such situations is mandatory, and there is a high probability that the culprit will be prosecuted.

When conducting an emergency medical examination in case of a fatal road accident, the main question that is asked to the expert is to determine the causes of death of the victim and their cause-and-effect relationship with the actions of the culprit of the road accident.

Basically, in practice, such an examination is carried out on the basis of the decision of the investigator, but in some cases the basis for the conduct is also a court decision.

Measurement error when conducting an intoxication examination

Second change. The total measurement error during the survey has been added to the rules:

8. The presence or absence of alcohol intoxication is determined based on the readings of the technical measuring instrument used, taking into account the permissible error of the technical measuring instrument.

8. The fact of using substances that cause alcoholic intoxication is determined by the presence of absolute ethyl alcohol in a concentration exceeding the possible total measurement error, namely 0.16 milligrams per liter of exhaled air.

Let me remind you that the threshold of 0.16 milligrams per liter was added to the Code of Administrative Offenses on September 1, 2013 (details here).

Therefore, this change only brings the text of the inspection rules to the current state.

Cost of forensic examination after an accident

Many people are interested in the cost of a forensic examination after an accident. In fact, it depends on the following factors:

• a list of questions posed to the expert;
• complexity of research activities;
• methods that should be used when conducting SMEs;
• institution where forensic medical examination is carried out, etc.

All this affects the cost of carrying out an inspection. But on average, such an examination after a traffic accident costs 15,000-30,000 rubles.

What to do immediately after an accident

According to the traffic rules (clause 2.5 of the traffic rules), a participant in an accident is obliged to:

1. Stop immediately, turn on your hazard lights and display a warning triangle.
2. Do not move objects related to the incident. This will help traffic police officers and road accident participants reconstruct the picture of events.

How to proceed further depends on what is damaged - only property or the health and life of people.

If only cars or property were damaged in the accident

The driver is obliged:

1. If the car creates an obstacle for other cars, clear the roadway

Be sure to first record on your phone or camera:

• the position of the cars in relation to each other;
• the position of cars in relation to road infrastructure (roadway boundaries, signs, etc.);
• traces and objects related to the incident (fragments, braking distance, etc.);
• damage to vehicles.

1. If the participants in the accident do not agree with each other about the circumstances of the incident, you need to write down the names and addresses of eyewitnesses and report the incident to the police and wait for their instructions.

   Since 2021, if there are disagreements, you can file an accident without police officers through the “Compulsory Motor Liability Insurance Assistant” application. In this case, the insurance indemnity limit will be reduced to 100 thousand rubles.

2. If there is no disagreement between the parties involved in the accident, it is not necessary to report the incident to the police. You can fill out the Europrotocol - this is the common name for the procedure for processing documents about an accident without the participation of police officers. You can also file an accident through the OSAGO Assistant application.

If only the culprit's car is damaged in an accident, the police do not need to be called - for example, if the driver drove into a ditch or crashed into a snowdrift. This conclusion follows from the Resolution of the judge of the Supreme Court of the Russian Federation dated November 8, 2018 (Case No. 18-AD 18-59).

If people are killed or injured in an accident

If people are killed or injured in an accident, the driver is obliged to provide first aid to the victims and call an ambulance and the police.

In emergency cases you need to:

• if possible, take the victims in your car to the nearest hospital, tell the medical institution your last name, license plate number of the car and return to the scene of the incident;
• if it is impossible to transport the victims in your own car, send them to the hospital by passing transport.

If a car is blocking traffic, a detour should be arranged if possible. If a detour cannot be organized, the roadway must be vacated. Pre-record on your phone or camera:

• the position of the cars in relation to each other;
• the position of cars in relation to road infrastructure (roadway boundaries, signs, etc.);
• traces and objects related to the incident (fragments, braking distance, etc.), damage to vehicles.

Also write down the names and addresses of eyewitnesses and wait for the police to arrive.

If there is no telephone connection, ask drivers passing by to convey information about the accident to the nearest traffic police post and wait for the police to arrive.

Features of conducting a forensic medical examination

Forensic medical examination after an accident has the following features:

• carried out in a medical institution and by a specialist who has appropriate education and experience;
• the object of the SME can be both living people and corpses;
• carrying out after an accident in order to identify the degree of harm caused to the victim’s health;
• implementation on the basis of an appropriate decision of the authorized body or in the presence of an agreement concluded between the customer and the contractor;
• the possibility of carrying out both in the pre-trial process and during the trial, etc.

How is a forensic examination carried out after a traffic accident?

After the expert or expert commission receives samples of biological materials, they conduct the necessary research. Depending on the nature and severity of the injuries received, the list of studies may vary. If one of the participants died as a result of an accident, an autopsy of the body is necessary. Its goal is to clarify the causes of death (whether it occurred as a result of injuries or was caused by any chronic diseases).

Based on the research conducted, the forensic expert draws up an official conclusion. It reflects information such as:

• Personal data of the expert who carried out the forensic medical examination after the accident.
• Information relating to the object of forensic medical examination.
• A thorough description of the studies performed and the results obtained, including negative or questionable samples.
• List of methods used during the examination.
• List of questions posed to the expert.
• The answers received, which must be given in detailed form, indicating all the nuances.

The expert's conclusion must be as detailed as possible and carried out in compliance with all rules and regulations. If the specialist was not provided with documents from the medical institutions where the victim received assistance, then conducting a forensic examination some time after the accident will be difficult. And in some cases it is impossible.

For your information

If an emergency medical examination was initiated during a trial, the specialist who conducted it may be summoned to court as a witness. And the resulting conclusion has the status of an official document and is used as evidence.