The driver disappeared from the scene of the accident: punishment and responsibility

Every year in our country there are about 200 000 accidents. Unfortunately, in about 10% of the cases, the culprit of the accident, having shot down a person or simply hooked on another car at low speed, tries to leave quickly in order to avoid responsibility. In addition, 5% of those who disappeared, when reporting on the insured event, report untrue information about the reasons for the damage to the car. What will happen if the driver disappeared from the scene of an accident? Punishment for such an act depends on many factors, but most often administrative responsibility can not be avoided.

The Problem Question

The bulk of people, hitting someone else's car, hiding from the scene. And if this is still not seen, then the temptation to leave very much increases. The traffic police, too, is not very interested in finding the culprit, since it is practically impossible.

As lawyers say, traffic cops will actively look for a driver only if people are injured or an accident has resulted in the death of a citizen (citizens). When your car is just crushed slightly, the chances of finding the culprit are almost zero.

Scope of responsibility

If the driver disappeared from the scene of an accident, he faces administrative liability. However, the offender will be punished only, of course, subject to the establishment of his identity. The victim still can receive compensation for damage to life and health under the policy of OSAGO and without bringing the culprit to court.

An accident is an accident that arose in the process of road traffic of a vehicle and with its participation, in which people were injured or killed, cars, structures, cargoes or other material damage were damaged.

It often happens that the driver, becoming the culprit of the accident, violates the requirements of the Road Traffic Rules, which state that in this case it is necessary to stop and not to move anywhere from the scene. If the driver does not comply with these requirements, then at best he is threatened with deprivation of rights, and at worst - with arrest for up to 15 days. When a person disappeared from the scene of an accident, the punishment will always be tougher than if he remained until the arrival of traffic police officers.

Arbitrage practice

Quite often the inspector incorrectly qualifies the crime committed by the driver and, in this connection, draws him to responsibility for a more serious offense than he did. What are the situations and how to appeal his actions? He, for example, can indicate in the record that the driver disappeared from the scene of an accident, but in fact, not in all cases of its action can be so qualified.

However, the inspector's error can be proved and, thus, won the case. You can try to reduce the size of the fine or even achieve full exemption from liability. It also happens that drivers do not suffer from the inspector, but from the fraudulent actions of other drivers who causelessly accuse them of causing damage.

Algorithm of actions in road accidents

How does one behave in the event of an accident?

• It is necessary to stop immediately, turn on the light signaling, put an emergency stop sign and do not move things that have to do with the incident.
• If there are victims, it is necessary to provide first aid and urgently call an ambulance, and in the most extreme cases they must be taken to the hospital on their car (catch a ride), and then return to the scene of the accident.
• If necessary, you need to release the roadway.
• Record the addresses and surnames of eyewitnesses, record the traces and objects that relate to the incident.
• Call the police and wait for law enforcement officers.

It is much worse when the culprit escaped from the scene of an accident. They leave after the accident, of course, for various reasons: fear, confidence that no one saw this, etc. However, in this case, the driver deprives himself of the hope for an objective and thorough investigation of all the details of the accident and the opportunity to gather evidence at the scene. There is also a risk that accidental witnesses will describe the situation not as they were, they will distort the events. But if the driver then changes his mind and confesses his own guilt, the likelihood that he will go unpunished is very meager.

Mitigating responsibility

Staying at the scene is necessary for two reasons. The driver will provide timely assistance to the victim (injured) and promptly call an ambulance. Delivery of the victim to the hospital in the future will be important in determining the degree of guilt of the driver. But if a citizen fled the scene of an accident, his punishment will be the most severe.

At the same time, it will not be considered a concealment from the scene of a crash situation when its culprit alone can not provide assistance and leaves the scene of an accident to call the police and medical assistance. Of great importance in the qualification of the deed is the severity of the bodily injuries suffered by the victim.

Criminal liability

To bring the culprit of the accident to criminal liability is possible only if the injured person's health is of medium severity, or serious harm, or his death. If all these negative consequences have occurred as a result of the fact that the driver left the scene, the culprit can be sentenced to imprisonment for up to three years and deprived of the authority to engage in certain activities.

That is, criminal responsibility is possible at this confluence of circumstances:

• Presence of guilt;
• Causing the citizen (citizens) damage of moderate severity, grievous harm or death.

If a person disappears from the scene of an accident, the punishment for this will depend on the severity of the consequences. When the driver's actions do not fall under Article 264 of the Criminal Code of the Russian Federation, he will bear administrative responsibility. In this case, you can be deprived of the rights for a period of 1 to 1.5 years or arrested for 15 days.

Even if other people are guilty of an accident, and the passing driver noticed this, he could report to the police and help, but he did not do this, he also has the right to be held accountable in administrative proceedings.

At the scene of the incident, it is also necessary to remain to assist police officers in the investigation of this case. All your explanations, actions to find witnesses, eyewitnesses, comments, participation in the inspection of the accident site and in the preparation of procedural documents can then play only in your favor. But if the violator has disappeared from the scene of an accident, then this only complicates matters.

How to prove your innocence?

If you get into a traffic accident, even if all the facts indicate your involvement in the incident, the case in some cases can be won. For this, it is worth trying to prove the admitted procedural violations when drawing up the papers.

What is this for? The violations committed in the documents may result in the exclusion of the IDP documents from the evidence in your case. To compile such papers, fairly strict rules have been established. If a person has disappeared from the scene of an accident, the responsibility can be mitigated if there are significant mistakes and inaccuracies in the registration of the protocol. If they are identified, the IDPS documents can be tried to be recognized as inadmissible evidence and thus "disorganized" the case.

At the same time, it is necessary to interview witnesses, inspectors, attesting witnesses, discover contradictions in their testimony and point out a violation of the law.

Appeal against imposition

As we have already mentioned, there is no penalty for this violation. Has disappeared from a place of road accident - be ready to lose the rights or to stay 15 days. A fine of up to 1000 rubles is imposed only in the event that traffic violations were found in connection with a traffic accident, but the driver did not leave after the deed. However, if you are deprived of the right, you can appeal the court's application.

Important notes

It should be noted that drivers are prohibited from drinking alcohol (taking drugs, etc.) after committing an accident. If he ignores such demands, then, again, he faces punishment. On the basis of the Code of Administrative Offenses of the Russian Federation, you may be obliged to pay a fine of up to 30,000 rubles and to deprive yourself of rights from 1.5 to 2 years. Therefore it is important not only not to leave the scene, but not to drink alcohol, it is only in your interests.

Results

If the driver disappeared from the scene of an accident, the consequences may be very different, but the most unfavorable outcome is criminal liability. With minor damage to a parked car, you may not be likely to be found and sentenced, but if there are human casualties, then it will be extremely difficult to remain unnoticed.