Responsibility of a pedestrian and driver in an accident


Responsibilities of the driver and pedestrian according to traffic rules

In road traffic, the driver-pedestrian relationship is regulated by the Rules through corresponding prohibitions and obligations, correlating so that one group of traffic participants is prohibited from doing something or ordered to give way, while another is given the right of priority.

And in this context, not all motorists, and even more so, participants on foot, know their rights, and, most importantly, responsibilities. Therefore, it is our duty to list them.

So, the responsibilities of pedestrians include:

  • cross the road only at a pedestrian crossing, and if the latter is regulated, then only at the green one (clauses 4.3 and 4.4 of the traffic rules),
  • but it is possible to cross outside the crossing, provided that it is not in the visibility zone, and in this case the pedestrian is obliged to give way to the motorist, must not leave from behind standing cars and is responsible for failure to fulfill the obligation (clause 4.3),
  • move only on sidewalks and pedestrian paths, if there are none - along the side of the road, if there is none - along the edge of the roadway against the direction of traffic and in one row (clause 4.1),
  • if there is no crossing at the intersection, then you can cross along the line of the sidewalk or path,
  • if the pedestrian did not have time to cross the road when the light turns green and the light turns red, he is obliged to stop on the dividing line or island, if there is one,
  • as well as drivers, persons on foot are required to allow special services vehicles with their beacons and sirens on to pass.

Traffic rules for pedestrians and responsibility 2021

The driver's responsibilities are consistent with the rights of the pedestrian to prevent a collision with the latter, and they are as follows:

  • give way to pedestrians at the crossing,
  • give way everywhere to pedestrians with a white cane in their hand (which signals that the traffic participant is blind),
  • allow the pedestrian to complete the crossing if the red light comes on to do so,
  • When turning, do not interfere with pedestrians.

The most important subtlety of an accident involving a pedestrian is that the driver in this case bears 2 types of liability: administrative for traffic violations and civil for harm caused to the pedestrian. Likewise, a pedestrian is obliged to compensate for damage if he is at fault in an accident, and is also subject to a fine or criminal charges, depending on the consequences of the collision.

Possible causes of an accident caused by a pedestrian

The causes of accidents involving not only drivers and their passengers, but also random citizens outside the vehicle are varied. Again, information regarding this issue changes.

Moreover, all such accidents can be divided into two main categories according to the type of person responsible for the accident:

  • when the driver is at fault;
  • It is the pedestrian who is at fault.

At the same time, it is relatively rare that there are any third-party factors that in any way influence the occurrence of a traffic accident.

Very often, drivers are the cause of accidents. First of all, because the car itself is initially an object that poses an increased danger to all surrounding people. Drivers also often ignore traffic rules.

The most common violations that lead to this kind of situation, when the driver becomes the culprit of an accident, are as follows:

  • the maximum permissible speed is exceeded;
  • absence of the fact of reducing the speed before the pedestrian crossing;
  • there is a vehicle malfunction.

Moreover, it is the malfunction of the car that should be attributed to random factors. At the same time, the traffic police inspector who arrives at the scene of the incident may think differently.

Accordingly, statistics compiled on the basis of data obtained from the traffic police are not always objective.

This will reduce the likelihood of various difficult situations arising that are directly related.

It will be possible to reduce the likelihood of an accident by complying with all traffic rules, as well as maximum care on the road.

Also, quite often, road traffic accidents occur due to the fault of the pedestrian himself.

Frequent reasons for this type of situation are the following:

  • alcohol intoxication of the pedestrian himself;
  • lack of compliance with traffic rules;
  • crossing a red traffic light or something else.

It is alcohol and other intoxication that most often becomes the cause of road accidents, often resulting in death. Since in such a state, in most cases, a person simply does not adequately perceive reality, space and time.

Relatively often, accidents happen simply because a pedestrian falls from the sidewalk under the wheels of a car moving at high speed - the driver simply does not have time to react to the incident.

Another common cause of road accidents is a pedestrian crossing the roadway in a place where vehicles are moving at a speed of 60-90 km/h.

Accordingly, again, the driver does not always have time to press the brake even if he notices the presence of a pedestrian relatively far away.

It should be noted that judicial practice regarding road accidents involving pedestrians is very extensive, complex and ambiguous. That is why the optimal solution is to simply avoid such situations.

Separately, it is worth noting that in most cases the driver will still be punished - since he initially uses a vehicle of increased danger (a car).

The court always takes this factor into account. All the features and nuances will need to be sorted out first.

Moreover, if it becomes necessary to protect your interests, it is best to contact a qualified lawyer. This will prevent various kinds of problems and difficult situations.

The registration of an accident by an emergency commissioner without the traffic police is described in the article: registration of an accident without the traffic police. An example of appealing a certificate of an accident can be found here.

Accident with a pedestrian - what to do?

First of all, fulfill all the duties provided for in paragraphs 2.5-2.6.1 of the traffic rules:

  1. put up an emergency stop sign,
  2. turn on the emergency lights,
  3. call the traffic police.

This is especially important if it seems to you that the collision with the pedestrian was very light, there is no harm, and the pedestrian participant in the traffic himself confirms this and has no complaints.

In 2021, there are surprisingly frequent cases when a pedestrian, who had no complaints or injuries in an accident, then goes to the emergency room and records harm to health. If the traffic police were not called to the scene of the accident, then the driver will be deprived of his license under Part 2 of Article 12.27 of the Administrative Code.

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Accident involving a pedestrian

According to these rules, the fact of a collision with a pedestrian is confirmed only when a mechanical vehicle collides with a person, as a result of which one or both parties to the accident receive moral or material damage. Moreover, in this case, even the most minor injuries are taken into account, such as a dislocated limb, scratch, cut, hematoma, etc.

A tragedy can occur on a zebra crossing, sidewalk, controlled intersection, or in a roadway area where pedestrian traffic is strictly prohibited. The difference is that in the first two cases, the blame will be undeniably placed on the driver, while the third and fourth options involve a more detailed consideration of the situation. We will find out further what a motorist faces for an accident at a pedestrian crossing, including a fatal one.

Driver's administrative responsibility

It occurs both in the case of an accident due to the driver’s fault, and in the absence of consequences of the violation.

No accidents

For a simple violation - failure to allow a pedestrian to pass - the driver will face liability under Article 12.18 of the Administrative Code with a fine of 1,500 to 2,500 rubles.

This is the case when there was no accident involving a collision with a pedestrian - if the driver did not give way:

  • at a crossing - the most common situation when the driver is liable in the form of a fine for a pedestrian,
  • when turning at an intersection,
  • when turning into adjacent territory,
  • in all other cases when walking has the right of way.

Judicial practice in challenging a fine for a pedestrian.

Accident without hitting a pedestrian - culpability and punishment

If there is an accident involving a pedestrian

Here we are considering a case where the driver is at fault, and the pedestrian was injured, but not killed. And there are already two punishments for this offense, depending on what health consequences the accident led to:

  • if, as a result of a collision with a pedestrian, he suffered minor harm to health, then a fine of 2500-5000 rubles or deprivation of rights for a period of one to one and a half years,
  • if the damage is moderate due to the driver’s fault, the fine increases to 10-25 thousand rubles, and the term of imprisonment is up to 1.5-2 years.

How to distinguish the degree of harm as a result of an accident with an injured pedestrian is regulated rather chaotically by the notes to Article 12.24 of the Code of Administrative Offenses:

1. Minor harm to health should be understood as a short-term health disorder or minor permanent loss of general ability to work. 2. Infliction of moderate harm to health should be understood as a non-life-threatening long-term health disorder or a significant permanent loss of general ability to work by less than one third.

All decisions, rulings and rulings of the practice of the Supreme Court of Russia under Article 12.24.

Liability for an accident with a pedestrian if the driver is at fault (violated traffic rules)

If, as a result of an accident with a pedestrian, the health of the latter is caused (sometimes this can only be determined after a medical examination; as a result of the release of adrenaline, you simply may not feel serious damage), the driver may face liability under the Administrative or Criminal Code of the Russian Federation.

A prerequisite for bringing a driver to administrative or criminal liability is his fault in the accident, i.e. fact of violation of traffic rules.

If a pedestrian suffers light or moderate harm to health , liability for the driver responsible for the accident will be administrative , under Art. 12.24 Code of Administrative Offenses of the Russian Federation:

Code of Administrative Offenses of the Russian Federation, Article 12.24. Violation of traffic rules or vehicle operating rules, resulting in minor or moderate harm to the health of the victim

1. Violation of the Traffic Rules or the rules of operation of a vehicle, resulting in minor harm to the health of the victim, shall entail the imposition of an administrative fine in the amount of two thousand five hundred to five thousand rubles or deprivation of the right to drive vehicles for a period of one to one and a half years.

2. Violation of the Traffic Rules or the rules of operation of a vehicle, resulting in the infliction of moderate harm to the health of the victim, shall entail the imposition of an administrative fine in the amount of ten thousand to twenty-five thousand rubles or deprivation of the right to drive vehicles for a period of one and a half to two years. Notes: 1. Minor harm to health should be understood as short-term health disorder or minor permanent loss of general ability to work. 2. Infliction of moderate harm to health should be understood as a non-life-threatening long-term health disorder or a significant permanent loss of general ability to work by less than one third.

As can be seen from the text of the law, for an accident causing minor or moderate harm to health, you can receive a fine or deprivation of rights for up to one and a half years. Responsibility under Art. 264 of the Criminal Code of the Russian Federation occurs in the event of serious harm to the health or death of a pedestrian, provided that the harm was caused due to a violation of the Traffic Rules. If a pedestrian outside a pedestrian crossing runs under your wheels, criminal liability can be avoided.

Criminal Code of the Russian Federation, Article 264. Violation of traffic rules and operation of vehicles 1. Violation of traffic rules or operation of vehicles by a person driving a car, tram or other mechanical vehicle, resulting through negligence in causing serious harm to human health, is punishable by restriction freedom for a term of up to three years, or forced labor for a term of up to two years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or arrest for a term of up to six months, or imprisonment for a term of up to two years with or without deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years.

2. An act provided for in the first part of this article, committed by a person in a state of intoxication, resulting through negligence in causing grave harm to a person’s health, is punishable by forced labor for up to three years with deprivation of the right to hold certain positions or engage in certain activities for up to three years. years or imprisonment for up to four years with deprivation of the right to hold certain positions or engage in certain activities for up to three years.

3. An act provided for in the first part of this article, resulting in the death of a person through negligence, is punishable by forced labor for a term of up to four years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or imprisonment for a term of up to five years with deprivation of liberty. the right to hold certain positions or engage in certain activities for a period of up to three years.

4. An act provided for in part one of this article, committed by a person in a state of intoxication, resulting in the death of a person through negligence, is punishable by imprisonment for a term of two to seven years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years. .

5. An act provided for in the first part of this article, resulting through negligence in the death of two or more persons, is punishable by forced labor for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or imprisonment for a term of up to seven. years with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years.

6. An act provided for in the first part of this article, committed by a person in a state of intoxication, resulting in the death of two or more persons through negligence, is punishable by imprisonment for a term of four to nine years with deprivation of the right to hold certain positions or engage in certain activities for a term up to three years.

Notes . 1. In this article and Article 264.1 of this Code, other mechanical vehicles mean tractors, self-propelled road construction and other self-propelled machines, as well as vehicles for which a special right is granted in accordance with the legislation of the Russian Federation on road safety. 2. For the purposes of this article and Article 264.1 of this Code, a person who is in a state of intoxication is recognized as a person driving a vehicle if it is established that this person has consumed substances that cause alcoholic intoxication, which is determined by the presence of absolute ethyl alcohol in a concentration exceeding the possible total error measurements established by the legislation of the Russian Federation on administrative offenses, or in the case of the presence of narcotic drugs or psychotropic substances in the body of this person, as well as a person driving a vehicle who has not complied with the legal requirement of an authorized official to undergo a medical examination for intoxication in the manner and on on the grounds provided for by the legislation of the Russian Federation.

If a pedestrian is injured in an accident, administrative proceedings are immediately initiated against the driver under Art. 12.24 of the Administrative Code of the Russian Federation, the driver, as part of an administrative investigation, is sent for a medical examination for intoxication (clause 2 of the Examination Rules, approved by Decree of the Government of the Russian Federation of August 26, 2008 N 475). For refusal of a medical examination - deprivation of rights and a fine of 30,000 rubles.

Criminal liability

The Criminal Code of the Russian Federation is applied in cases where a pedestrian has suffered severe injuries or resulted in his death. But, despite only 2 gradations, there are much more punishments.

In the event of a fatal accident with a pedestrian, the driver’s liability in 2021 increases severalfold - both in the quality and in the number of possible articles applied.

  • if a pedestrian is seriously harmed, but the motorist faces Part 1 of Article 264 of the Criminal Code,
  • if the driver was drunk, then the punishment is even harsher - under Part 2 of the same article,
  • Part 3 awaits the driver if the accident resulted in death,
  • part 4 – if the motorist was intoxicated during the accident and caused death at a pedestrian crossing or in other places where the pedestrian participant was in the right according to the traffic rules,
  • part 5 – if a sober motorist hit 2 or more people,
  • part 6 – if a drunk driver hit 2 or more people,
  • Part 1 of Article 111 of the Criminal Code - if the car owner hit a pedestrian intentionally and caused him (according to the results of the examination) serious harm to health,
  • part 4 art. 111 of the Criminal Code for a similar intentional collision with a pedestrian, and as a result of the accident he died.

Judicial practice of the Supreme Court of the Russian Federation under Articles 264 of the Criminal Code and 111 of the Criminal Code.

Criminal liability of a driver if he hits a pedestrian

Does OSAGO compensate a pedestrian?

Yes. The vehicle insurance is designed to protect the driver from liability to other road users. And this is not limited to compensation for damages under compulsory motor liability insurance when causing damage to other cars.

In particular, OSAGO works in the following situations:

  • if you hit a pedestrian and got him dirty, his clothes were torn, his phone was broken, and so on, then the pedestrian’s insurance will compensate for property damage within the established limit of 400 thousand rubles,
  • if, as a result of a collision with a pedestrian, he is killed or harm is caused to his health, then OSAGO will compensate for this harm; the limit is already 500,000 rubles,
  • and even if the driver fled the scene of the accident, then according to the auto civil law the pedestrian is subject to compensation in the form of a compensation payment; basis – paragraph 1 of Article 18 of the Federal Law “On Compulsory Motor Liability Insurance”.

And even more unexpected - even if the pedestrian is at fault, he will still be able to receive compensation from the car owner's insurance. But we’ll talk about this possibility a little lower – in terms of civil liability.

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Administrative responsibility of a pedestrian

Of course, pedestrians also bear joint liability if they violate traffic rules. But, unlike the driver, the fines for those on foot are much lower:

  • 500 rubles or a warning for any traffic violation without consequences in the form of an accident (12.29 Code of Administrative Offenses),
  • if such a violation created interference in traffic – 1000 rubles (Part 1 of Article 12.30),
  • if the result is a traffic accident causing minor or moderate harm to health - 1000-1500 rubles (Part 2 of the same article).

Can they be detained?

Yes. And the reason for this is that the pedestrian does not have an identity document. There are also other grounds, but they are used much less frequently.

What responsibility comes

The extent of liability for such an accident is again determined only in court. At the same time, the judicial body focuses primarily on the existing practice on this issue, as well as on legislation - the Code of Administrative Offenses of the Russian Federation and the Criminal Code of the Russian Federation.

Since if there are serious injuries or death of a participant in an accident, criminal liability necessarily arises.

Pedestrian

Cases when a pedestrian is to blame for an incident are not so rare. Accordingly, he must bear responsibility for his actions on the road.

In each case, liability is determined individually by the court. Usually the maximum that a pedestrian faces for violating traffic rules is 1,000 rubles .

But if, due to such fault, damage or serious harm to the health of other road users occurs, then the punishment will be many times more serious.

At the moment, such punishment looks like this:

There is slight or moderate harm to the health of the driver, passengers, or other persons who are participants in the traffic accidentfine in the amount of 1 to 1.5 thousand rubles
Serious harm to health or deathcriminal liability is imposed (up to imprisonment)
If two or more people have already diedliability is imposed in the form of a real prison term of up to 7 years

Accordingly, pedestrians should be no less careful than drivers. Since the responsibility of the latter implies serious penalties. Up to and including placement in prison.

What can the driver be accused of?

When a driver hits a pedestrian or otherwise injures him in an accident, he also bears serious responsibility. It will fall under a certain regulatory document depending on a variety of factors.

At the moment, the penalty is determined as follows:

If there is a traffic violation - which is the reason for the collision with the pedestriana fine of 1.5 thousand rubles will be imposed
Administrative or criminal punishment in cases specified by law:
Slight harm to the pedestrian's health was causeda fine of 2.5 to 5 thousand rubles will be imposed
Causing moderate harm to the health of the victima fine is imposed in the amount of 10 thousand rubles to 25 thousand rubles
If serious harm is caused to healthIn addition to monetary compensation, the driver will also need to incur criminal penalties
Pedestrian death occursImprisonment up to 7 years imprisonment is imposed

In this case, a collision with a pedestrian occurs when a sufficiently large number of factors are combined at once.

That is why the driver himself, as well as other participants in the incident, will need to first deal with all these.

An incident involving a collision with a pedestrian can, in some cases, be resolved with a simple payment of funds for damage on the spot.

This is the optimal solution to the problem. Otherwise, you will have to figure out how to file a lawsuit against the culprit of the accident.

Criminal liability of a pedestrian

It occurs in cases where, due to the fault of a pedestrian, an accident occurred - it does not matter whether it involved a collision with him or he simply created an obstacle, as a result of which, for example, other vehicles collided, where people suffered serious harm to health or death.

And this issue is regulated by 2 articles of the Criminal Code:

  • if a person died in an accident due to the fault of a pedestrian, then Part 1 of Article 109 of the Criminal Code applies - causing death by negligence,
  • in case of 2 or more deaths, where the culprit is a pedestrian, part 3 of the same article applies,
  • for grievous harm there will be Article 118, Part 1 of the Criminal Code.

Judicial practice of the Supreme Court, where cases involving pedestrians charged with Article 109 or Article 118 were considered.

The culprit of the accident is a pedestrian and disappeared, compensation for damage

Pedestrian civil liability

As we have already indicated above, in addition to administrative and criminal, which are applied as punishment to road users by the state, there is also civil liability. It is expressed in compensation for damage to health, property and moral harm to the person to whom such damage was caused.

And in case of an accident involving pedestrians, where the culprit is a pedestrian participant, this person bears full responsibility. For example, if a person is hit by a car in the wrong place, then the pedestrian is responsible for damage to the car - dented body parts. The law is harsh, but it is the law of 2021!

If he disappeared

The main thing is that the pedestrian does not run away, because it is very difficult to identify him, unlike vehicles that have license plates. Consequently, in the event of an accident with a pedestrian, where he fled the scene, there is practically no chance of finding him.

In any case, it is your duty to call the traffic police, who, upon the fact of hiding, are obliged to initiate a case to find the culprit.

Judicial practice regarding pedestrians who fled the scene of an accident.

If drunk

In this case, for the injured driver, the consequences of compensation for harm from the pedestrian are no different than if he were sober. But for the latter, administrative (fine instead of warning) or criminal liability (imprisonment instead of a fine, as an example) will be harsher, since intoxication is undoubtedly an aggravating circumstance in an accident.

And the traffic police should be called in this case, even more so. The fact is that possible harm to health if a pedestrian is drunk may not be at all obvious - he simply does not feel pain when intoxicated, for example. And given that a pedestrian is a potential culprit of a traffic accident, it becomes especially important to record all the circumstances of the accident in a timely manner.

Judicial practice in 2021 regarding pedestrians causing accidents while intoxicated.

The pedestrian is drunk and injured

Can a driver apply for compulsory motor liability insurance?

No. As we have already described above, the driver’s motor third-party liability is insured under OSAGO. Not property, but responsibility. Therefore, this type of insurance covers damage caused by the car owner to a third party, and the property is insured by Casco. If you have such a policy, then you can certainly apply for it.

Responsibility of pedestrians to drivers in road accidents

Responsibility of pedestrians to drivers in road accidents

Clause 1.3 of the Traffic Rules states that a pedestrian is obliged to know and comply with those traffic rules that apply to him. At the same time, unlike drivers, pedestrians do not pass any exams on knowledge of traffic rules, which means one can express doubt that pedestrians thoroughly know these requirements.

Pedestrians are also subject to the requirement of paragraph 1.5 of the traffic rules, which states that a pedestrian (including) must act in such a way as not to create a danger to traffic or cause harm. For example, can a pedestrian be accused of violating this clause if he began to cross the road at an unregulated pedestrian crossing without waiting (or even looking) for the vehicles to stop? What if the driver simply does not have the technical ability to stop the car? They have not yet invented brakes that stop a car in an instant.

One could go on and on about the various controversial situations that arise on the road. In this case, the pedestrian himself will claim that he is right, but the driver will think differently. The guilt of a particular road user will be determined by the competent authorities (traffic police, court).

Can a driver prove that he is right in a dispute with such a “priority” participant in the traffic accident as a pedestrian?

You can often hear the phrases: “The pedestrian is always right”, “The driver is always to blame on the road.” However, a pedestrian is not some special road user who is not subject to legal requirements. Moreover, if you analyze the statistics, you can see that not drivers, but pedestrians are often found guilty of road accidents.

That is why a motorist who finds himself in a traffic accident due to the fault of a pedestrian road user should know the types of possible liability of a pedestrian for violating the requirements of the Road Traffic Rules. Especially if this violation led to serious or sad consequences.

Having reliable knowledge and competent protection of one’s rights will help a car enthusiast save his family budget from the attempts of a pedestrian who, despite his own careless behavior, intends to make a “hole” in it.

What does a pedestrian face for violating traffic rules?

Violation of legal requirements (traffic rules, Code of Administrative Offences, Criminal Code of the Russian Federation) is fraught with civil, criminal or administrative liability for the pedestrian.

Administrative liability for pedestrians is provided for in Articles 12.29 (Part 1), 12.30 (Parts 1 and 2) of the Code of the Russian Federation on Administrative Offenses. These are cases when, as a result of a pedestrian’s violation of traffic rules (for example, running across the road in the wrong place), the consequences specified in the Criminal Code of the Russian Federation did not occur. The fine for such a violation is small (up to one and a half thousand rubles), but in some cases the pedestrian may also face civil consequences (which can be read below).

Few pedestrians think about it, but “jogging” across the road can end up “in the dock” for them. You can verify this by opening Article 268 of the Criminal Code of the Russian Federation. This article states that violation of traffic laws by a pedestrian leads to such and such consequences (the article provides a list of types of punishment for a careless pedestrian). As they say: “If only there were a person, there would be an article.”

Also, a pedestrian who violated traffic rules, which led to sad consequences for other people, can also be punished with a “ruble” according to the Civil Code of the Russian Federation. Indeed, Article 1064 of this law states that, as a general rule, harm caused to the person or property of another person must be compensated by the person who caused it. This article, taking into account the specifics of “road” relations, extends its effect to pedestrians violating traffic rules.

Driver's civil liability

It similarly consists of compensation for damage caused to property, life or health of a pedestrian, and in cases where the driver is entirely at fault for the accident, everything is very clear. But there is one important subtlety when the driver is obliged to compensate for the harm to the pedestrian if the former is innocent.

Article 1064 of the Civil Code prescribes compensation for harm specifically to the person causing the harm, but there is also Article 1079 in the Civil Code of the Russian Federation, which establishes the obligation of such compensation in the event that there is no fault of the person at all. This is a source of increased danger.

Owning a car, as well as driving it, is the use of IPO. And there are exceptions to refunds. The obligation of the IPO owner to pay the pedestrian ends in 2 cases:

  • the collision with the pedestrian occurred as a result of the latter’s intent, and this is a fact proven in court,
  • the harm occurred due to force majeure.

If several cars and a pedestrian were involved in an accident, then the drivers, as owners of the IPO, bear joint and equal responsibility (Part 3 of Article 1079 of the Civil Code).

We will consider the details of this subtlety below in situations.

Judicial practice under Article 1079 of the Civil Code of the Russian Federation.

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If the driver is not guilty, but the pedestrian is guilty

Thus, in this case, in standard situations, the following distribution of responsibilities of the parties to the accident occurs:

  • the pedestrian, since he is at fault for the accident, compensates for property and other damage to the driver under Article 1064 of the Civil Code,
  • the driver also compensates for any harm to the pedestrian on the basis of Article 1079 of the Civil Code as the owner of the IPO.

Does MTPL cover damages under IPO?

Yes. Since the driver’s liability is insured, damage to a pedestrian in an accident is compensated by insurance. The pedestrian participant, as the culprit, pays the driver from his own pocket.

At the same time, the driver, of course, will not receive payment for his own car under compulsory motor liability insurance - only a pedestrian has such a right.

And this is the very illogical, at first glance, case when, even if the driver is not at fault in the incident, his responsibility comes (at the same time, there is no punishment), and his BMI increases if the pedestrian applies for damage compensation.

In addition, please note that, according to judicial practice, also due to the possession of an IPO, damages are compensated not only in an accident between a driver-pedestrian, but also a driver-cyclist and a cyclist-pedestrian.

Compensation for damage to a pedestrian in an accident

If the motorist fled

In cases where, in an accident involving a collision with a pedestrian, the driver of the car fled the scene of the accident, then even if the guilt of the pedestrian participant is confirmed, the damage is also subject to compensation under the IPO. However, it is no longer paid by the driver, but by the owner of the vehicle.

The fact is that 1079 Civil Code speaks specifically about the owner of the car. And if the driver is not identified, the owner is the owner.

Judicial practice on compensation under the IPO if the driver fled the scene of an accident.

Forensic examination of an injured pedestrian

Typically, accidents involving pedestrians, where they were injured, last quite a long time - up to 1 year. The reason for this is the fact that the harm caused to their health has been established. The same situation occurs in accidents involving only cars, it’s just that in such cases there are fewer victims, so for an accident with a collision with a pedestrian this becomes more relevant.

The duration of the administrative investigation here directly correlates with the lengthy process of ascertaining injuries and their extent. As a result, the driver is given a certain punishment if he is guilty.

But even a pedestrian under compulsory motor liability insurance will not be able to receive compensation from the driver until the completion of the forensic medical examination and a decision on the liability of the motorist.

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