The driver knocked a pedestrian on the pedestrian crossing: responsibility. Responsibility for hitting a pedestrian

A car is not a luxury, but a means of transportation. Who among us has not heard this thesis, which has become almost an aphorism? However, the trends of the modern car market in Russia are turning this statement upside down more and more. The current reality is that the car becomes a luxury again. Instead of buying a practical "station wagon" in a good package, the future car owner is already looking in the direction of the crossover, despite the scarce equipment. After all, such "quasi-all-roads" are now in the trend. But whatever the car, ranging from two-seater babies such as "Smart" and ending with such giants as "Ford F-150" or "Toyota-Tundra", it has always been and remains a mechanism capable of seriously damaging the health of both the driver and the driver. And pedestrian.

Source of increased danger

The most terrible danger for any driver is the impact on the pedestrian. At the same time it becomes less important, the driver is right or he violated the rules of the road. Moral trauma will remain for the rest of his life, especially if the impact will turn into a fatal outcome for the victim. Moreover, the one who managed the car, the source of increased danger, will be the one who is preventive. Responsibility for a downed pedestrian always falls on the shoulders of the person who did it. All examinations and proceedings will be later, and, in fact, the driver will have to prove his case against the main provisions of the Constitution on the presumption of innocence.

Harsh reality

In our life, anything can happen, and we must try to be prepared for the basic troubles that modern man can face on his life's path. Most importantly, do not panic or aggravate the situation by further action.

Everything happens literally in a split second. There is a desperate squeal of brakes, then a dull blow, accompanied, as a rule, by the ringing of broken glass, and the pedestrian's body flies away from the car. No matter how much we want to think about this, we should immediately acknowledge the fact that there was an accident involving a pedestrian. And if you were at the wheel, then you should answer for it.

Immediately after the collision

The first step is to muffle the car's engine and, after leaving the vehicle, make sure that the situation created does not entail further accidents. If everything is normal, run to the victim, give him first aid. Are there doubts or many cars around? Ask someone nearby to warn other drivers and call rescuers and inspectors of the road-guard service.

The further actions depend on the condition of the victim. If the driver hits a pedestrian, but the one in the mind, trying to rise or leave the scene on his own, ask him not to do so. Find out if he needs medical help, suggest taking him to the hospital. Visually assess its condition. Sometimes people in a state of shock can rise to their feet and leave with an open fracture of the leg or broken internal organs with heavy bleeding from the mouth, nose, or ears. And after half an hour they lose consciousness or, worse still, fall dead. Remember the main rule - if the driver knocked down a pedestrian, the responsibility for this falls on him in any case. It is best to wait for the DPS dress, even if the victim left the scene of the accident. In the evening, he could go to the police and write a statement for you.

Urgent call rescuers

Do not try to hide from the scene of an accident. This is punishable not only for "leaving the scene of an accident", but also "leaving a person in danger", especially if his injuries are severe. How to determine the degree of severity? If the person is unconscious, beats in cramps, he has heavy bleeding or comes a foam from his mouth, there is no breath or pulse - you need to call the rescue service urgently. The telephone number in the Russian Federation for calling emergency services is the same - 112.

After connecting the automatic operator, call the ambulance service immediately. What is your full name and surname, please tell me that a pedestrian collision has occurred and that it is in critical condition. Tell the doctor the approximate place of the accident and describe the symptoms of the victim. The operator on the wire will give you an exact order of actions for first aid. Remember, the faster you do this, the more likely you are to save human life.

What to do then

Do not call the police right away, do not waste precious seconds. The operator of the medical service will send the attire to the specified address in any case, and if there are witnesses near you or who want to help, they most likely already called the police. When committing an accident involving a pedestrian, it is important to help the person you shot down as soon as possible. Then, once again, check the safety around you, put out the emergency stop sign, put on the retroreflective vest, and only then call the police to report the incident.

From how you took care of the victim and how quickly and clearly carried out all the points that are prescribed in such situations in the rules of the road, your degree of guilt and the punishment imposed on you will depend. Responsibility for hitting a pedestrian can provide for both a fine and initiation of a criminal case with possible deprivation of liberty.

Running across the road

A pedestrian always takes a big risk. According to the rules of the road, he must cross it on a minimally short route and only after making sure that there are no vehicles approaching. If a driver hits a pedestrian not at a pedestrian crossing, then later, in court, it will be easier to prove his innocence. Carelessness of the victim will cost him not only undermined health, but also lack of compensation on the part of the motorist who made the hitting. A special place is occupied by cases when the victim was under the influence of alcohol or strong psychotropic drugs, changing the perception of the existing reality. As we all know, road users are not allowed to be in a state of drug or alcohol intoxication. Therefore, crossing the roadway, and simply being on the pedestrian sidewalk (after all, it also refers to the definition of "road"), the pedestrian becomes a participant in the traffic, as well as the driver of a car, bicycle or horse-drawn cart driver. Going out into the street in a state of intoxication, a pedestrian beforehand violates established norms and rules of the road, which, undoubtedly, will be taken into account in court not in his favor. Even if the driver knocked down a pedestrian at a pedestrian crossing, both participants of the road incident will share responsibility. Here, cases when the driver himself is in alcoholic or narcotic intoxication are not considered. Such situations are punished severely and fairly by separate articles: huge monetary fines, deprivation of the right to drive a vehicle, reimbursement to the injured party, imprisonment or forced public works.

Dangerous "zebra"

If the driver knocked down a pedestrian on a pedestrian crossing, then in this case everything is more complicated. After all, according to paragraph 14.1 of the code of rules of the road, the driver must give way to pedestrians crossing the road or entering the roadway. Moreover, the next paragraph, 14.2, regulates the mandatory reduction in speed until a complete stop, if another vehicle slows down or stops before a pedestrian crossroads. These two axioms of movement through the streets of cities must be learned and used by drivers at the subconscious level while driving. Because that's why, if now the driver knocked a pedestrian on the pedestrian crossing, the responsibility will lie on him in any case. Did not have time to react - the driver's fault, violation of point 14.2, did not stop and demolished the person - driver's fault, violation of paragraph 14.1.

Bypassing

The increased fines and serious control by the traffic police are not a whim of officials, but the result of sad statistics and attempts to improve the situation using the "steel arm" method or increase the penalty tariffs. However, this approach does not always work in full force. The possibility for a large amount of money, or in the presence of connections in certain circles, to avoid punishment for the committed misdemeanor highlights among a bulk of drivers a certain group of persons for whom tightening the law does not create visible barriers and does not force them to reconsider their driving style. For such a person does not play a special role, that he knocked a pedestrian out of the pedestrian crossing or on it. He is sure that punishment can bypass his person side. And this is the problem of our society.

Until we achieve the principle of "inevitability of punishment" for hitting a person and other heavy accidents, woeful messages will still break into the apartments of ordinary citizens, changing the statistics of injured pedestrians and crippled lives in the direction of its increase.

In court in any case

So, what, today, in the realities of the rule of law, threatens the driver if he knocked a pedestrian out of a pedestrian crossing or made a run directly on him? Regardless of who is responsible for the traffic accident, the driver who ran the car at that time, in any case, becomes civilly liable. This indicates that the injured pedestrian can apply to the court with a claim and demand compensation for both material and moral damage. This practice exists even when the victim himself is responsible for the accident. Even in this case, the car enthusiast will have to answer before the court for the perfect deed.

Morally and financially

If the driver has knocked down a pedestrian at a pedestrian crossing, the responsibility for this act provides compensation for the latter material and moral harm. Material harm is the payment of all expenses aimed at treating the injured and restoring his health. Naturally, any amount must be documented, that is, by checks or extracts from medical institutions and points of sale of medicines. Moral harm is a compensation amount for moral or physical suffering, lost income of the victim due to his injury, possible loss of profit or any other factors. The amount of moral damage is usually established by the injured party, but is asserted or lowered to acceptable values by the court considering the claim from the injured pedestrian. Here it is worth noting the fact that if the motorist considers himself innocent, he can file a counterclaim against a pedestrian with demands to compensate for both repairing a car that was damaged as a result of a road traffic accident and moral damage caused to him by the stress experienced from a previous collision. However, if the driver knocked a person at a pedestrian crossing, it is better to refuse such actions. During the trial they can worsen the situation of the accused motorist.

Letter of the law

The sad statistics of accidents involving pedestrians forces the leadership of our country to periodically review legal acts that regulate the administrative and criminal punishment for such offenses. To review in the direction of their tightening, which, albeit in an uneven percentage, but still leads to a reduction in lethal outcomes. At present, those of us who knocked a pedestrian on the pedestrian crossing, the responsibility provides for both administrative and criminal punishment.

Article 12.24 of the Code on Administrative Offenses provides for either a penalty in the amount of 5-8 times the minimum wage (minimum wage), or deprivation of the right to drive for a period of six months to one year, or administrative arrest for 15 days, or joint application of the said Sanctions against the guilty driver. Such a measure is applied if the victim is slightly harmed by health, and he stayed on treatment for not more than three weeks.

When the injured pedestrian is harmed to health of moderate severity, serious harm or in case of death, the driver is criminally responsible under Article 264 of the Criminal Code of the Russian Federation, which provides for imprisonment for a period of 6 months to 5 years. In the case of aggravating circumstances, each case is considered carefully and individually.

Careful, pedestrian

In the modern world, the car has been and remains a dangerous mechanism that can not only cripple, but, unfortunately, even deprive the lives of other road users. Being on the street, especially in the immediate vicinity of the carriageway, one should exercise adequacy in behavior and caution, be careful and clearly control what is happening on the sides. This applies primarily to pedestrians, that is, all of us combined. After park your vehicle and put it on the alarm, each of us ceases to be a driver and becomes an ordinary pedestrian.