The Traffic Rules provide explanations for all driver actions in the event of an accident. In this situation, the driver is required to install an emergency stop sign, turn on the hazard lights, and call the traffic police. But all further actions are not explained in detail.
For example, how to write an explanatory note correctly? All questions related to the preparation of an explanatory note can be asked to the employee who arrived to register the accident. But it is better to have a prepared sample explanation for an accident at the traffic police. Or know how to write it correctly in order to present the situation truthfully and in a favorable light.
Characteristics of explanatory
Any documentation used when registering an accident is strictly regulated. An explanatory note is a kind of report about the accident that occurred, which describes in detail the following:
- The number of participants in the incident (not only drivers, but also passengers are taken into account);
- Possible witnesses (their full name, telephone number);
- Data from the VU and PTS;
- Circumstances under which a collision occurred between two or more vehicles (this includes: weather conditions, road condition, lighting, speed and trajectory of the vehicle, etc.);
- Contact details of the culprit of the accident and the injured party;
- Information about the damaged cars (make, color, license plate, technical condition, etc.);
- Address where the car accident occurred (city, street, approximate coordinates by house numbering).
This document also indicates which of the passengers was sitting in the back, who was in front, and whether the driver was wearing a seat belt at the time of driving the vehicle.
Advice! But before you start filling out an explanatory note in case of an accident according to a single model, the car owner must decide in advance which side in the conflict he takes (the initiator or the victim). After all, the content of the form will directly depend on this.
Why is it compiled?
An explanatory certificate is a written statement of the point of view of each of the participants in a traffic accident, and therefore in the future it can be used by State Traffic Inspectorate employees to determine the culprit of the accident. Also, this document is sometimes required by insurance company employees if their representative was not at the scene of the accident. After all, who will be recognized as the initiator of the conflict directly determines in whose favor compensation for damage will occur.
If one of the participants in the car accident refuses to fill out an explanation for the accident, then the traffic police, with almost one hundred percent probability, will recognize him as a violator. A person can prove the opposite only if there is a photo/video recording of the incident or witnesses who are ready to confirm the status of the victim.
The procedure for registering an accident
In conclusion, I would like to remind you about the procedure for registering an accident. Immediately after an accident, drivers must display a warning triangle (the distance must be at least 15 m from the vehicle in populated areas and 30 m outside populated areas). Next, drivers need to:
- Make sure there are no casualties and, if necessary, call an ambulance.
- Take photographs of the accident site, the damaged vehicles, and the damage itself.
- Make sure that an accident can be reported without calling the traffic police.
- To issue a European Protocol or a notification of an accident, you can also use the “MTPL Assistant” application.
After an accident, the main thing is to remain calm and arrange everything correctly. Insurance was created precisely to help drivers in such difficult situations - motorists can only follow the rules for registering an accident.
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Filling rules
We mentioned earlier that before drawing up an explanatory note, the driver should decide on the side he takes in a traffic conflict.
After all, the completed forms for the initiator of an accident and the injured motorist will be noticeably different. To better understand the difference between the culprit of the accident and the victim, we will look at three different examples of filling out an explanatory letter.
For the culprit
Being one hundred percent sure that he was wrong in a traffic accident, the citizen needs to write the following in the explanatory document:
“I, Ivanov Stepan Aleksandrovich, driving a VAZ-2109 car (registration number P877PA98) drove onto the roadway from the yard without giving priority to the Mercedes S200 car. Due to bad weather conditions, I was unable to see the mentioned traffic participant in time. I fully admit my guilt in the incident.”
It is important to know! As you can see, the presented explanatory report about the accident contains a minimum of information, since one of the participants in the conflict voluntarily took the side of the initiator of the accident. But in practice, a similar lack of information about witnesses to a collision occurs quite often. After all, few people want to spend their time analyzing the situation at the traffic police and visiting the State Traffic Inspectorate every day.
For the innocent
If the motorist is one hundred percent sure of his innocence in the accident, then he will have to enter more extensive information into the explanatory note. And it will look something like this:
“I, Petrov Ivan Sergeevich, moving along the street. Trubnikov 16 A, in a VAZ-2110 car (state number G875RA98) with a passenger Andrey Pavlovich Sidorov, while wearing a seat belt, collided with a Moskvich car, which was reversing along the left side of the road. Weather conditions allowed the second participant in the traffic conflict to see my car in advance. There is dashcam video of the accident. I do not consider myself guilty in this situation, and I refuse to testify in my favor, in accordance with Art. 51 of the Constitution of the Russian Federation."
Despite the fact that the law requires participants in a traffic conflict to provide a more detailed explanation of the accident, car owners are not required to enter all the data. In the absence of some information, you can refer to absolutely any reason (the culprit tried to escape from the scene of the accident, and therefore his license plate number could not be seen, or the driver was focused on driving through a dangerous area, which is why he did not notice the details of what happened, etc.).
For those unsure of the situation
As practice shows, the parties most often cannot find out among themselves exactly who is to blame for an accident and who is not. And in this case, we are not talking about a complete denial of guilt by both drivers, but about the uncertainty that arises among the participants in the accident due to the stress they received. In such circumstances, you need to act as follows:
- The driver's full name, make and license plate number of his car are included in the header of the explanatory sheet;
- The fact of a collision is indicated (it is not worth describing the details, as this may work against you);
- The conclusion mentions that the motorist does not consider himself guilty (even if this is not entirely true).
Also, it is imperative to exclude from the explanatory note all possible eyewitnesses of the car accident, since their information may differ from the true picture of the accident. As evidence when making a compensation payment under compulsory motor liability insurance, lawyers recommend using only the recording from the video recorder (if available).
Leaving the scene of an accident is a punishment in 2021
Leaving the scene of an accident is punishable by deprivation of a driver's license from one to one and a half years or arrest for up to 15 days. As statistics show, in 2021, drivers are most often deprived of their driver's license for leaving the scene of an accident. This is due to the fact that arrest under the law is a more severe punishment and is therefore used in rare cases. However, being left without a driver's license is a more severe punishment for many drivers.
You also need to know that the statute of limitations for drawing up a protocol on an administrative offense for leaving the scene of an accident (Part 2 of Article 12.27 of the Code of Administrative Offenses of the Russian Federation) is 2 months, after which the administrative material is sent to the court. Thus, if within two months the traffic police officers were unable to find the driver who left the scene of the accident, then he will not face any punishment. However, you should immediately pay attention to the fact that nowadays almost every building has CCTV cameras, the video recordings of which are necessarily viewed by traffic police officers. Also, the incident itself can be noticed by witnesses (janitors, residents of houses, etc.) When identifying a car that fled the scene of an accident, the traffic police work to call the owner of this vehicle. And the car is put on the wanted list and when it gets caught on the first traffic camera, it will be declared “Interception”.
Unknowingly leaving the scene of an accident
Unknowingly leaving the scene of an accident refers to cases where the driver did not notice or feel that he had in any way touched another vehicle and left the scene of the accident without suspecting anything. However, this fact will have to be proven with difficulty in court. This is due to the fact that the driver is obliged to make sure that his maneuvers are safe when driving a car and responsibility for all incidents rests with him.
For example, consider a case where in a parking lot a driver tried to leave his parking space and at the same time slightly came into contact with a nearby car, leaving a small scuff on it. However, since the driver himself did not notice this, he drove away from the scene of the incident. And after some time, he receives a summons stating that he is obliged to appear at the traffic police department. Without suspecting anything, the person appears to the traffic police officers, who draw up an administrative protocol against him for fleeing the scene of an accident (Part 2 of Article 12.27 of the Code of Administrative Offenses of the Russian Federation). He is then given a court date. In court, it is necessary to provide evidence and facts of unintentionally leaving the scene of an accident.
Agree, without legal experience in handling court cases of this category, it is almost impossible to prove your innocence. Therefore, it is necessary to immediately seek the help of auto lawyers. Often, the case can be stopped at the stage of investigation by the traffic police. According to the Constitution of the Russian Federation, everyone has the right to defense at any stage of the consideration of the case.
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What you need to know if you are facing deprivation of your license for leaving the scene of an accident
For leaving the scene of an accident, an administrative investigation is initiated, during which, as mentioned above, the culprit is identified and the vehicle is put on the wanted list. In this case, the culprit may not only be the owner of the vehicle. During the investigation, the person who was driving the wanted car at the time of the incident is identified. When identifying the culprit and finding the car, traffic police officers take a written explanation from the victim and the culprit. If witnesses have been identified, they are also interrogated. After this, the vehicle is inspected. The inspection is carried out by measuring existing damage using a measuring ruler, the ratio of vehicles next to each other, and also using photographic equipment. During the inspection, a corresponding protocol is drawn up.
It should immediately be noted that if only one vehicle was inspected or an inspection report was not drawn up, then this will be a significant violation of the law, which in court can be turned to your advantage and avoid deprivation of rights for leaving the scene of an accident.
You also need to know that the period of the administrative investigation cannot exceed 1 month. If traffic police officers need to conduct an additional check, the period can be extended by no more than another 1 month. Thus, if the case materials were sent to the court a month later, and the period of the administrative investigation was not extended, then this is also a significant violation of the law. With a competent line of defense, this fact will also lead to the termination of the case.
In what cases can you leave the scene of an accident?
According to traffic rules, you can leave the scene of an accident only in cases of mutual agreement between drivers or in cases of extreme necessity.
Such cases include:
- To deliver victims to medical facilities;
- To prevent accidents by other road users;
- To provide passage for other vehicles (in this case, it is necessary to record the scene of the incident by drawing up a diagram and taking photographs);
- When drawing up a European protocol, as well as in cases where it is possible to get to the nearest traffic police post (it is also necessary to draw up a diagram and take photographs).
You should know that in each of the above cases, it is necessary to inform the police about leaving the scene of an accident (you must call the 02 service and notify the reasons for leaving the scene of the accident).
You also need to know that if you got into an accident and parted ways with the other driver by means of a receipt in which you indicated that you have no claims against each other, and subsequently the other driver contacted the traffic police with a complaint about the accident, then you face deprivation of your license for leaving accident scenes.
What to do if the driver is in a cloudy state
When involved in a traffic accident, almost all motorists experience severe stress. And sometimes this state prevails over a person so much that he can hardly express his thoughts, not to mention write an explanatory report on an accident. But such circumstances are never taken into account in court. Therefore, while in shock from the accident, it is strictly not recommended for the driver to describe what happened on paper or put signatures on a ready-made form.
If the victim cannot avoid filling out an explanatory document, then when drawing it up it is necessary to indicate as little information as possible. For example:
“I, Sergeev Vitaly Konstantinovich, got into an accident. I am not able to describe the situation in detail, because at the moment I am under severe stress. I will give all comments regarding what happened later, when applying for MTPL insurance or in court.”
Advice! It is categorically not worth mentioning either witnesses or participants in the accident (except yourself). Only after the driver recovers from the shock can he contact the traffic police to draw up the correct sample of an explanatory letter to the traffic police in case of an accident, indicating all the necessary data.
Why is the document being prepared?
In an explanatory note in case of an accident, the participant in the incident expresses his opinion about what happened, reflects his view of the situation from his point of view. The document is drawn up by a participant in an accident or a traffic police officer from the words of the driver, passengers, pedestrians and eyewitnesses, if the participant cannot write an explanatory note himself (due to injuries, hospitalization or death).
An explanatory report is drawn up in order to establish the causes of the accident. Thanks to this document, the accident investigator will be able to find out the details of the incident and determine the degree of guilt of each participant. If necessary, additional examinations and investigative experiments can be carried out.
IMPORTANT! You cannot leave the scene of the accident until all documents have been completed.
What not to write about in an explanatory note
We learned how to correctly draw up a note on behalf of the culprit and the victim, as well as what information a sample explanatory note in an accident should contain. Now is the time to consider that part of the information that clearly does not belong in the document. This includes:
- Sincere repentance for the incident (by accepting the blame in full, a person risks paying not only material damage to the victims, but also moral damage caused to third parties);
- Attempts to attribute the accident to weather conditions (in court, although such circumstances are taken into account, they do not relieve responsibility from the guilty driver, and do not even mitigate the punishment imposed on him);
- Information about the last time he took alcohol (if a motorist mentions that he drank yesterday, but at the time of the accident he felt adequate, then such an explanation may turn against him during the trial);
- Information about the number of years of accident-free driving (all past achievements of a citizen are not taken into account by traffic police officers for a specific offense, and therefore there is no point in describing them).
Attention! All of the above data will either have no meaning in court, or will work against the applicant. This means that it is clearly not worth indicating them in the explanatory notice.
Consequences of refusal to compile.
You should be aware that writing this document is your right, not your obligation. This is determined by Art. 51 of the Constitution of the Russian Federation.
The consequences of failure to draw up an explanatory note can only occur in labor relations. In this case, the employer has grounds for applying a disciplinary sanction based on the act of refusal to provide an explanatory note. Therefore, it is worth thinking about what is best to do in such a situation.
In all other cases, refusing to write a document does not entail any consequences, so even if you are convinced otherwise, you should not respond to such threats.
Is it possible not to write an explanation to the school if the parents were not at the meeting?
The presence of parents at meetings is not their responsibility, therefore they can explain the reasons for their absence solely at their own discretion.
What to do if they don’t want to accept the explanatory note?
You need to hand it over, so if the boss refuses to accept the document, send it by registered mail with a list of attachments. You can also warn the trade union and the commission for resolving labor disputes about your actions.
Specialist Sergei Trutnev gives useful tips on how to write an explanatory note correctly.
Published by: Vadim Kalyuzhny, specialist of the TopYurist.RU portal
Important Details
The form for an explanatory note in case of an accident can be downloaded on the Internet or asked for it from traffic police inspectors if they are at the scene of the accident. But in general, it is advisable to always carry such a document with you in your car, in case you get into a traffic conflict. When filling out the mentioned paper, in addition to generally accepted information, the driver must indicate some details of the incident, such as:
- The nature of the lighting (presence of street lights, type of headlights of an oncoming car, etc.);
- Factors limiting the visibility of the car owner (fog, heavy rain, snow, etc.);
- Condition of the road surface (presence of holes, obstacles or slippery areas).
But this information should be mentioned in passing, without attributing the entire blame for the accident to it. After all, in this case, you risk not receiving an insurance payment and car repairs will fall entirely on your shoulders.
We learned how to fill out an explanation form for an accident, and what data it is advisable to avoid when compiling it. In conclusion, we add that this document applies not only in the event of a collision between two vehicles, but also in the event of a collision between a car and a pedestrian. After all, people on foot are also considered road users, and therefore interaction with them will definitely be equated to an accident.
Filling out an explanatory note in case of an accident: do not miss important details
The guilt or innocence of the driver in the accident is established by the investigator on the basis of a set of evidence, including an explanatory note. Even minor details can be important and affect the outcome of the case. What needs to be written about in the explanatory note:
- Weather. Fog, rain, and snowfall significantly impair visibility, which affects the driver’s ability to react in time to the actions of other road users.
- Lighting. The presence or absence of artificial road lighting in the evening is a very important detail, especially when the lights suddenly turn off and visibility deteriorates sharply.
- Condition of the road. The presence of ice, if this fact is recorded in the case materials, will become the basis for making a decision in favor of the driver involved in the accident.
How to write an explanatory note: if you are guilty or not
When guilt is easy to establish, you should not give detailed explanations about what happened in order to avoid legal errors when drafting the text. Also, you should not give verbal explanations that can be recorded on video and audio recordings. In such situations, the assistance of a lawyer in case of an accident is recommended. Urgently calling a specialist to the scene of the incident will reduce the degree of liability when establishing mitigating circumstances that were not noted.
If a citizen admits his guilt, he can also indicate this in the explanatory note, including, for example, the following wording: “I, Ivanov R.R., driving a vehicle license plate X, model A, did not give priority to the car moving on the right, license plate X , model B, resulting in an accident. I fully admit my guilt."
A motorist who admits his guilt in an accident needs to consider the consequences of such an act. Such information should be recorded only in cases of obvious violation of traffic rules. The document will become the basis for assigning payments to the other party or imposing administrative/criminal liability. It will be possible to cancel such an act only with the support of a qualified specialist who will prove the fact that the driver is in a state of passion after an accident, his inability to make such decisions, and the inadequacy of his actions. It will be important to confirm the discrepancy between the real circumstances of the case and those described in the explanatory act.
Then you should sign the explanatory note. Lawyers recommend that drivers carry a sample of the completed explanatory note with them, so that if they get into an accident they will not be confused and write it correctly.
Here is one example of an explanatory note: “I, Oleg Petrovich Semyonov, on July 18, 2021 at 11:22 am was driving my VAZ-1117 car (license number N322SR98) along the street.
Lenin (main road), at a speed of 45 km/h, not exceeding the speed and taking into account all conditions. The road was in excellent condition.
A VAZ-1119 (registration number N123SR97), driven by Roman Eduardovich Pykhov, came out of the turn between houses 44 and 46, without giving my car an advantage.
Hit from behind
This type of impact typically causes whiplash injuries to passengers. With them, the head and neck will first jerk sharply back, then forward. And this applies to any location – front or rear.
When thrown back from hitting your back against the back of a chair, you can injure your spine and your head when it comes into contact with the headrest. If positioned at the front, the injuries will be similar due to the impact with the torpedo.
Wearing a seat belt will reduce the likelihood of being killed in the back seat by 25%, and in the front seat by 50%. If you sit in the back without wearing a seat belt, you could break your nose from the impact.
If you already know that the impact will be from behind, place your feet on the floor and support your head against the headrest. If there is none, slide lower and rest the back of your head against the back. Such actions will help save you from death, disability and serious injury.
Passenger side impact
The cause of a side impact can be a simple skid of the car, incorrect driving through an intersection, or high speed when turning.
This type of accident is the most common and no less traumatic than a head-on accident.
Belts are of little help here: they are useful in case of a frontal impact and a rear impact (designed for forward and upward movement), they weakly secure the body in the lateral directions. However, belted passengers are 1.8 times less likely to be injured.
Almost all domestic cars do not have the necessary safety margin for the body in a side collision. The interior doors bend inward, causing additional injuries.
Due to the impact, unbelted passengers in the rear randomly hit the doors, windows of the car and each other, flying to the other end of the seat. The chest, arms and legs are injured.
When hitting a car from the side, close your eyes tightly, bend your arms at the elbows and press them to the upper part of your body in the chest area, fold them crosswise, clench your fingers into fists. Do not try to grab ceiling or door handles. In side impacts there is always a risk of limbs being pinched.
Having slightly bent your back, press your chin to your chest (this will reduce the risk of damaging the spine in the cervical region), bend your legs at the knees, bring your feet together and rest them on the panel.
If the expected blow is coming from your side, you must try to pull back in the opposite direction and grab onto any stationary part, for example, the back of the seat. If you are sitting in the back, it is advisable to lie down, even on your neighbor’s lap, and tuck your legs - this way you will protect yourself from the blow and soften it. The driver's knees will not help you; he must concentrate himself. Therefore, in the front seat, you should move further away from the place of impact, rest your feet on the floor, and try to protect your head with your hands, having first pulled it into your shoulders.
