Every driver must be driving extremely attentive. This is due to the fact that the vehicle is not only a convenient helper, but also a source of danger. In this case, for the damage caused physical, moral or material full responsibility is borne by the person operating the machine.

It is important to remember that on the road there can be, besides cars, the least protected road users - pedestrians. They have the right to move in pre-designated and designated areas. For hitting a pedestrian responsibility is overwhelmingly on the driver.

Content

• 1 Legal language
• 2 What threatens the driver according to the law
• 3 Criminal liability
• 4 Removal of charges
• 5 Scene of the event
• 6 Aggravating factors

Legal language

The current Rules of the Road provide an explanation of what is meant by the term "hitting". This is a traffic accident situation when a moving car hit a person or a citizen collided with a moving vehicle. This category of accidents also includes situations of damage caused by the cargo being transported. The process is usually carried out in the following cases:

• head-on collision;
• side touch car;
• mechanical effect in the process of reversing;
• the impact of the cargo carried;
• moving wheels or one wheel.

It is important to bear in mind that traffic police officers do not recognize with a collision the fact of a pedestrian colliding with a car as a collision if the vehicle did not move at the time of the touch.

A fine for hitting a pedestrian will not be appointed when, for example, a car drove up to the intersection and stopped, and at that time schoolchildren were crossing the zebra, one of whom, playing around, fell on a car, injuring himself. Although the car will be with an engine operating at idle speed, but it will not drive, then according to the rules of the road the driver is not responsible for such an incident.

What threatens the driver according to the law

Regulations provide for punishment based on the prevailing consequences of the situation. There are three types of liability:

• civil;
• administrative;
• criminal.

In some cases, the driver has the legal right to escape from any liability. It is only important to correctly interpret the situation.

For the occurrence of civil liability can occur such types of incidents as:

• there is no violation of health, but there was a hit on a citizen in violation of the rules;
• have caused injury, however, the driver did not violate.

It is believed that in the first precedent, you can try to compensate for possible loss or moral damage.. This is due to situations where, with a possible fall, a person dropped a fragile item that carried or torn clothes, broke a clock, etc. Also, due to delay and proceedings, a citizen may be late for work, receive a fine from the boss, etc.

When proven harm occurs without violating traffic rules, the driver will get rid of compensation for the treatment. Rights must be defended through the courts. This may occur in parallel to other lawsuits.

Administrative punishment is a consequence of causing uncritical damage to the health of a pedestrian. The situation is possible when the car was moving in violation of the rules or a traffic accident due to a vehicle breakdown. In such situations, we can expect a negative continuation:

• Minor injuries (sprains, single or multiple scratches, bruises, sprains / dislocations, hematomas, etc.). Under such conditions, a sick leave is issued, not exceeding 21 days. The amount of the fine reaches 2.5–5 thousand rubles, and the driver will be deprived of the right to drive for 12–18 months.
• The average severity of injuries (broken ligaments, any type of fracture, concussion, problems with the work of internal organs, etc.). The amount of punishment reaches 10-25 thousand rubles, and you can lose a driver's license for 18-24 months.

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Sentence is imposed and a measure of responsibility is determined. This is based on the following factors:

• the fault of the affected citizen;
• how severe is a violation of the driver's traffic;
• avoidance of collision;
• presence of other mitigating factors for the driver.

Typically, the amount of moral compensation ranges from 40-50 thousand rubles. for a little physical damage. For severe injuries, it can increase to 80–100 thousand rubles.

Criminal liability

In more serious cases, articles of the Criminal Code are applied. When a pedestrian is hit with a fatal outcome, Article 2 of the Criminal Code of the RF enters into force. It is also used in causing severe harm to the health of the victim.

It is important to know that no verbal or written agreement between the parties in a situation with a severe accident will not help, as police officers are required to initiate a criminal case automatically after the fact, and the right of a pedestrian is the possibility of refusal to initiate a civil suit.

Incidents with similar traffic accidents include:

• Causing severe injuries resulting in the awarding of a disability, termination of pregnancy, damage to large bones or the spine, damage to one of the responsible internal organs to such an extent that it ceased to function, injuries related to appearance, etc. years, and under aggravating circumstances, for example, in a state of intoxication - up to 4 years.
• If you knocked a pedestrian to death with a simple violation of the rules, you should expect up to 5 years. For drunk drivers, the punishment ranges from 2 to 7 years.
• In the case of several deaths, a maximum of 7 years is at risk for such a violation, and in the presence of alcohol in the blood, the period is limited to nine years.

In addition to these types of punishments, cases of civil order can be considered in a parallel mode. According to him, the injured party is entitled to the following types of penalties for perpetrators:

• return of lost earnings at the time of illness or treatment (monthly payments);
• the return of funds spent on the restoration of health;
• possible regular compensation for the loss of the breadwinner;
• funeral compensation;
• the amount of moral compensation varies in the maximum mode from half a million for health damage, to a million when the victim is killed.

When a situation arises with an accident it is important to document everything as far as possible. It is necessary that no details in the future during the consideration of the case are forgotten or lost.

Withdrawal of charges

Some citizens mistakenly believe that if an accident did not occur on a “zebra”, then no penalty for hitting a pedestrian outside a pedestrian crossing is not appropriate, especially when a citizen crossing the road was intoxicated. In such a case, both parties to the events will be justly punished in proportion to their guilt.

See also: What to do if the perpetrator of an accident disappeared from the scene of the accident

There are cases when the driver is completely innocent and will not receive any charges. Here it is worth noting the following cases:

• when a collision with a citizen did not cause harm and did not violate the rules;
• hitting a vehicle occurred under the influence of force majeure.

Factors independent of the driver include, for example, the fall of an old tree that pushed the car. In such a situation, the driver can not foresee the consequences of this, so he is exempt from the charges.

Scene of the event

Of considerable importance is the area where the events occurred. The punishment for hitting a pedestrian at a pedestrian crossing will be one of the most severe. In such a situation, the driver will definitely be the culprit, as it falls under one or more violations of the rules:

• speed limit exceeded;
• the road to the pedestrian was not given;
• committed overtaking on the "zebra";
• sometimes it happens to move continuously with the departure of the oncoming lane.

The driver's side is always very problematic to prove his innocence. Even excuses regarding the sudden appearance of a citizen on a zebra are unlikely to be taken into account. It is only necessary to carefully examine whether the person was moving to the forbidden signal of a traffic light at an adjustable intersection, which can play in favor of the car owner.

If the tragedy occurred in a residential area, then the motorist has virtually no excuse. In such conditions, citizens on foot have all the advantages both on the sidewalks and on the roadway. At the same time, it’s worth preparing to give one and a half thousand for breaking the rules in residential areas, because there you can move only with a regime of 20 km / h no more, and also necessarily provide benefits to pedestrians.

Fans of making trips on the sidewalks face an Administrative Code. Article 12.15 specifies penalties of up to 2 thousand rubles. for driving on sidewalks, bike paths and similar sections. The severity of the punishment will depend on the damage caused.

A pedestrian passing in the wrong place not only endangers his and others life, but is not a reason for imposing criminal or administrative punishment on the driver. In such a situation, the person behind the wheel does not commit a violation of traffic rules, and also does not always have the opportunity to escape from a collision or quickly react to an obstacle in the way.

Motorists have the right to ask for a reduction in compensation in the event that the culprit was drunk or suddenly appeared on the way. Sometimes scammers may use these tricks, but traffic police may already recognize such facts.

Aggravating factors

In extreme situations, drivers panic, and they tend to leave the scene to escape responsibility. These events are fraught with tougher penalties. For the fact that the motorist has disappeared from the scene, his punishment awaits him:

• Fifteen-day arrest or deprivation of a driver's license for 18 months;
• when a man was in danger at the scene of the accident, the driver is facing a year of imprisonment.

Do not move shards or other material evidence. Otherwise, the culprit will be additionally punished for 1000 rubles, and this will also serve as aggravating factors in the consideration of the case in court.