Road accidents with casualties - administrative and criminal liability of the driver responsible for the road accident

Rarely does a traffic accident occur without casualties. In this case, the victims mean not only those who received serious injuries, but also those who received minor bruises and scratches. In case of such an accident, it is important to know in advance what measure of liability is provided for by law, in which cases compensation for damage falls on the shoulders of the person responsible for the accident, and in which cases it implies deprivation of a driver’s license and freedom.

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Traffic rules clearly regulate the procedure to be followed in case of an accident with victims. Thus, the driver is obliged to immediately stop the vehicle, provide assistance to the victims, and then call the traffic police.

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If people were injured as a result of a traffic accident, the driver must strictly follow the instructions:

1. Provide primary medical care to victims yourself. If the injuries caused are serious, call an ambulance immediately. If the life and health of the victim is in danger, it is allowed to send him by passing cars to the nearest medical facility.
2. Call the traffic police.
3. Record the location of vehicles after the accident, infrastructure facilities, belongings and other details related to the accident with victims. Recording via video or photography is encouraged.
4. If the movement of other vehicles is impossible due to an accident, then after recording the position of the participants in the accident, it is necessary to clear the roadway. Moreover, if there is a shoulder for detour, then it is not recommended to touch vehicles involved in a traffic accident with injured persons.
5. Interview eyewitnesses of the accident and record their information.

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What do traffic police officers record when registering a traffic accident?

Employees arriving at the scene of an accident are required to draw up a diagram of the traffic accident, which the car drivers sign. If one of the drivers is injured and is not able to adequately perceive what is happening, then the road accident diagram is signed by him later. In addition, the following information is entered into the protocol:

• data of drivers and vehicles (including MTPL or CASCO numbers of each participant);
• testimony of participants in the accident and witnesses;
• list of damage received by transport;
• injuries sustained in the presence of victims.

The latter are made after examining the victims by ambulance staff.

The procedure for considering a traffic accident with injured persons

Road accidents with victims are subject to registration only by law enforcement agencies. Drivers cannot fill out documents on their own without the participation of traffic police inspectors.

1. As soon as traffic police officers arrive at the scene of the accident, they draw up a diagram of the accident, specify the time of the collision, and the position of the injured person. The data must be confirmed by witnesses.
2. Next, the operational group is engaged in drawing up an accident inspection report and checking the serviceability of the car. If the inspectors consider that the vehicle should be diagnosed in full, an examination is appointed.
3. Traffic police officers collect information from eyewitnesses of an accident involving a victim and involve people who have video recordings of the incident. The person responsible for the accident is sent to a doctor for examination.
4. After this, copies of the protocol are issued to all participants in the accident. It is also presented to insurance companies under compulsory motor liability insurance.

The inspector is obliged to assist each party equally. If he draws up the document incorrectly, the driver has the right to appeal. A motorist who does not agree with the guilt charged to him can describe his objections on the back page of the protocol or on a new sheet.

Responsibility in the Code of Administrative Offenses for road accidents with victims

If there are victims during an accident, then in addition to the road accident report, an administrative or criminal case is also opened. Depending on the degree of harm caused, several types of crimes differ:

• hitting a pedestrian;
• murder by negligence;
• causing harm to health in a traffic accident.

The first two types of crimes are considered within the framework of criminal proceedings, while causing harm to health is an administrative offense. According to Article 12.24 of the Administrative Code of the Russian Federation (KOAP), the following types of punishment are provided:

1. If minor harm to health is caused in an accident (short-term impairment of health or short-term loss of ability to work), a fine of 2.5-5 thousand rubles or deprivation of a driver’s license from 1 to 1.5 years.
2. If moderate harm to health is caused in an accident (non-life-threatening temporary impairment of health or temporary loss of ability to work), a fine of 10 to 25 thousand rubles or deprivation of a driver’s license for a period of 1.5 to 2 years.

Who assesses the damage caused to health?

Representatives of the medical institution to which citizens end up after an accident are designated by law as responsible for assessing the damage caused to health in road accidents involving victims.

For example, if a person suffered a broken arm during an accident, then the damage is assessed as moderate severity. However, if, as a result of a broken arm, a person develops a latent disease, then medical workers assess the damage as causing grievous harm to health. Accordingly, the case of an accident can be reclassified from administrative to criminal.

Liability for damage caused

To assess lost health, a forensic medical examination is prescribed. It is impossible to determine the severity of the injuries based on visible injuries. Hold them accountable too. This requires a specialist opinion. The standard for determining the severity of injuries is Order of the Ministry of Health of the Russian Federation No. 194N (section 1, paragraph 4), which approves the medical criteria for the harm received.

Mild degree of harm to health

For causing minor bodily injuries, the driver bears administrative responsibility (Article 12.24, paragraph 1 of the Code of Administrative Offenses of the Russian Federation), after the court finds the culprit of the accident. Mild criteria:

• loss of health for a short period of time;
• minor permanent disability of less than 21 days.

Note: If the victim is undergoing hospital treatment, medical documents are provided for the examination. Or he himself comes for examination to a forensic expert to document the damage.

Causing moderate harm

Punishment for an accident with victims of moderate severity, for the causer of harm, will result in a fine or deprivation of rights (Clause 2 of Article 12.24 of the Code of Administrative Offenses of the Russian Federation). The Note to the article provides a description of the consequences of damage:

• prolonged illness;
• the ability to perform total workloads below one third;
• the resulting injuries require long-term treatment - more than 21 days;
• There is no threat to life.

When the cause-and-effect relationship of injuries with the incident is established, the degree of harm is determined, a decision is made to initiate an administrative or criminal case.

Measure of liability under Art. 12.24 in 2021:

Important: If the culprit of the accident was intoxicated, he was prosecuted under Art. 264 of the Criminal Code of the Russian Federation (parts 2, 4 and 6), refused to undergo a medical examination, he is punishable under Art. 264.1 of the Criminal Code of the Russian Federation (heavy fine, or imprisonment + deprivation of rights for three years).

Causing grievous bodily harm

A condition that does not fall under the cases described above, that is, all other injuries that pose a threat to life, are classified as severe harm. If it was caused by a driver who violated traffic rules, he bears criminal punishment under Art. 264 of the Criminal Code of the Russian Federation (parts 1 and 2).

In a situation where a person loses his health, being the culprit of the collision, the obligation to compensate for harm still falls on the one who drove the car (Article 1079 of the Civil Code). Concerns a collision with a pedestrian.

Note: The person driving the motorcycle is responsible as the driver of the vehicle. It does not apply to the status of a pedestrian. If a minor teenager was driving, the parents will pay a fine.

Fatal accident

In a fatal accident, the driver is liable under Art. 264 (parts 3 to 6) of the Criminal Code. The investigation department is conducting the case and is establishing all the circumstances of the incident. Then he transfers it to the court, which determines the culprit.

Punishment under Art. 264 of the Criminal Code of the Russian Federation:

Note: Additionally, along with the chosen penalty, they may be deprived of their rights for three years. Alcoholic intoxication means any intoxication, including the condition of a person who refuses to undergo a medical test.

Mitigating and aggravating circumstances

In case of administrative liability for an accident with victims (mild and moderate degree of harm), the concept of “aggravating circumstances” is not provided. This is a different punishment and article. But in Art. 24.5 of the Code of Administrative Offenses provides a list of reasons why proceedings are not opened at all, or, if they have begun, they are terminated.

The presence of at least one of these circumstances leads to the closure of the case, for example:

1. The driver acted due to insurmountable factors.
2. If the statute of limitations has passed for prosecution.
3. When proceedings are opened under other articles, etc.

You can avoid punishment by being involved under Article 1079 of the Civil Code of the Russian Federation with the participation of a pedestrian. If you prove that the victim intentionally caused the collision (Part 1.Article 1083), or the event occurred as a result of force majeure (for example, someone “pushed” the car).

It is possible to reduce the degree of liability to the injured culprit of an accident, in accordance with Article 1083, parts 2 and 3, if the following facts occurred:

• The victim's gross negligence resulted in (increasing) severe injuries.
• The guilt of the harm-doer is completely absent.
• When the court takes into account the financial situation, the presence of young children, references from the place of work, absence of offenses, etc.

Criminal liability for causing serious harm or death is more severe. Aggravating circumstances are always taken into account by the court (Article 63, Part 1). Therefore, it is important for the culprit to know what violations increase the punishment (Article 4.3 of the Code of Administrative Offenses of the Russian Federation):

• Driving a vehicle while drunk.
• Violation of Art. 12.27 Code of Administrative Offenses: fled the scene of an accident; left in danger.
• Repeated prosecution for a similar crime.
• Active violation of traffic rules.
• Obstruction of the investigation, etc.

To mitigate guilt, you can use anything that at least somehow characterizes the culprit on the positive side.

• Helping the investigation.
• Admission of guilt and deep repentance.
• Reconciliation with the victim or relatives of the deceased.
• Voluntary (pre-trial) material compensation for harm.
• Providing first aid at the scene of an accident.
• Preventing a more serious accident, etc.

Liability of the at-fault driver in an accident with victims

The person responsible for the traffic accident with the victims is determined during the investigation of all the circumstances of the accident. Moreover, if the culprit admits his guilt, the consideration of the dispute is significantly accelerated. The responsibility of the perpetrator can be both administrative and criminal. For example, if a person died in an accident, then the law classifies the crime as a criminal one. If the culprit of the traffic accident was under the influence of alcohol, drugs or toxic substances, the degree of liability increases.

In addition to criminal prosecution, the driver is deprived of the right to drive a vehicle, and is also additionally required to compensate for the damage caused to the victim. As a rule, compensation is expressed in payment for medical services and compensation for the period of loss of ability to work.

If a person dies in an accident, then all the circumstances of the case are examined to qualify the charge: murder by negligence or murder in an accident.

Actions of the at-fault driver in a traffic accident

On the official website of the traffic police there is a reminder for drivers on how to behave after a traffic accident with victims. First of all, someone involved in the accident must remain calm. The rules stipulate that the person responsible for an accident with victims is identified during the investigation. However, the driver, who actually caused a road accident, is obliged to provide assistance to all victims, inform the traffic police about the incident, and record the position of all objects related to the incident. If it is not possible to call traffic police officers using mobile communications, there are no passing cars or witnesses, it is allowed for the victims to be sent by the culprit in their own transport to a medical facility.

Before leaving the scene of an accident, it is necessary to record the location and circumstances of the accident using photos or videos, as well as place an emergency sign on the roadway. If a person died during an incident, you cannot leave the scene of the accident; you must inform the traffic police about the incident by all possible means.

Actions of a victim in an accident

Regardless of the presence of guilt, the first actions of the injured driver duplicate the actions of the initiator of the accident.

Remember! An innocent participant in an accident is obliged to:

• provide first aid to victims, if any;
• stay at the scene of the accident and try to keep it in its original form until the traffic police arrive;
• call emergency services;
• notify the insurance company.

If the injuries sustained in an accident do not pose a threat to life, victims, pedestrians and the at-fault driver should remain at the scene of the accident.

Upon arrival of the traffic police squad, the testimony of these persons will be entered into the protocol, after which the citizens who received certain injuries will be sent for a forensic medical examination.

In order to subsequently compensate for the harm caused, injured persons are assigned the status of victims.

Punishment for an accident with victims at a pedestrian crossing

A pedestrian crossing is a specially designated place on the road that can be used by pedestrians. Drivers do not have the right to refuse to let a person cross a zebra crossing. Therefore, all traffic accidents with collisions at a pedestrian crossing a priori occur only through the fault of the driver who is driving the vehicle. The penalty depends on the degree of harm caused to the pedestrian.

If a pedestrian is slightly frightened or bruised, the driver has the right to resolve the conflict on the spot if the victim does not mind. If a person crossing the road at a pedestrian crossing suffers light or moderate damage to health, the driver is obliged to provide first aid and call the traffic police. The punishment will be determined by the court. In case of serious harm to health or death, a criminal case is opened against the culprit of the accident with the victims.

The severity of the punishment is also influenced by the circumstances of the accident. In particular: at what speed were the vehicles and the pedestrian moving, at what moment the person began moving along the crossing, the driver’s actions after the accident. If the culprit fled the scene of the crime, then his actions immediately fall under the Criminal Code of the Russian Federation - leaving a person in danger (Article 125 of the Criminal Code of the Russian Federation).

The severity of damage caused to health in an accident

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Punishment for minor harm to the victim

The Administrative Code clearly establishes the types of punishment for causing minor harm to health - an administrative fine or deprivation of the right to drive a vehicle at the discretion of the court. Moreover, the latter means complete deprivation of rights, regardless of category. For example, if a person has the right to drive a motorcycle, a car and a truck, then if punished by deprivation of a driver’s license, the right to drive all types of transport is lost. The term of imprisonment ranges from 1 to 1.5 years.

When imposing an administrative fine, the degree of damage caused is taken into account. The legislation sets the minimum payment amount - 2.5 thousand rubles. The court cannot oblige you to pay less than this amount, therefore the culprit of an accident with victims, identified during the investigation and trial, will be obliged to pay at least this amount. The maximum fine is set at 5 thousand rubles.

Liability with minor victims

The absence of serious injury to a victim in an accident indicates minor harm. No criminal cases are opened; only the relevant protocols are filled out.

In case of minor damage, a fine of 2.5 - 5 thousand rubles is collected from the culprit. (Article 12.24, paragraph 1, Code of Administrative Offenses of the Russian Federation). But first, the driver must provide proof that minimal damage to health was caused. Then the court will determine a more humane punishment.

It is important to remember that minor injuries from an accident are treated for no more than 21 days. The proof is a certificate from a medical institution.

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Moderate punishment

The minimum amount of an administrative fine for an accident involving victims who suffered moderate damage to health is set at 10 thousand rubles. Therefore, if during the investigation and trial the culprit of the accident is identified, then at a minimum he will have to pay this amount. The maximum fine is set at 25 thousand rubles. The final amount is determined during the investigation. For example, the size of the administrative fine is influenced by the degree of injury to the victim and the degree of guilt of the driver.

If several people were injured during an accident, then a separate measure of liability is established for each of them. Already from the totality of all punishments, the court establishes one, the one that the guilty person will suffer. For example, if one of the victims received minor damage to health during an accident, and the other suffered moderate damage, then the culprit may be ordered to compensate for damage in the amount of the total amount under both articles of the Administrative Code of the Russian Federation.

If moderate damage to health is caused in an accident, the perpetrator may be punished in the form of deprivation of the right to drive vehicles for a period of one and a half to two years.

Punishment for moderate harm to the victim caused by a driver under the influence of alcohol

Alcohol intoxication is an aggravating circumstance in a traffic accident. Thus, for driving a vehicle while intoxicated without incident, punishment is provided in the form of deprivation of rights for a period of 1.5 to 2 years, as well as an administrative fine in the amount of 30 thousand rubles. If the accident occurred due to the fault of a drunk driver, as a result of which the victim suffered moderate damage to his health, then the culprit is charged with punishment under two articles of the Administrative Code: 12.24 and 12.8. In this case, a fine of 30 thousand rubles is imposed, the license is confiscated for 1.5-2 years, and an additional fine of 10-25 thousand rubles is issued. For a repeated crime, the penalty increases.

Possible criminal consequences in an accident without causing grievous harm to health

For example, this can happen after leaving the scene of an accident. The violation itself today falls under an administrative article that provides for deprivation of rights in an accident with or without victims for a period of one to one and a half years:

Leaving by a driver, in violation of the Traffic Rules, the scene of a traffic accident in which he was a participant, in the absence of signs of a criminal offense, entails deprivation of the right to drive vehicles for a period of one to one and a half years or administrative arrest for a period of up to fifteen days.

Art. 12.27 Code of Administrative Offences.

But leaving the victim in danger is another matter:

Knowingly leaving without help a person who is in a condition dangerous to life or health and is deprived of the opportunity to take measures for self-preservation due to childhood, old age, illness or due to his helplessness, is punishable by a fine in the amount of up to eighty thousand rubles or in the amount of the wages or other income of the convicted person for the period up to six months, or arrest for a term of up to three months, or imprisonment for a term of up to one year.

Art. 125 of the Criminal Code of the Russian Federation.

Therefore, you should never hide from the scene of an accident, because with the current level of saturation of the city infrastructure with security cameras, as well as the availability of video recorders, it is usually possible to find the offender.

Punishment for road accidents with severe injuries

A severe degree is understood as a persistent loss of working capacity of more than one third of the possible one, causing serious harm to health. That is why in case of a traffic accident, as a result of which a person was seriously injured, not an administrative, but a criminal case is opened. The penalty under Article 264 of the Criminal Code is provided for in the form of imprisonment for a term of up to three years. In this case, actual imprisonment can be replaced by forced labor for up to two years. The final decision is made by the court after studying all the circumstances of the case.

Fatal traffic accident

If the injured person dies during an accident, the case goes from administrative to criminal. In this case, it does not matter when exactly the victim died - directly during the accident or after receiving injuries in a medical facility. A fatality in an accident is usually classified as homicide by negligence, but is regulated by Article 264 of the Criminal Code. If the culprit was not intoxicated, then the punishment is provided in the form of imprisonment for a term of up to five years or is replaced by forced labor for a term of up to four years. In this case, the person is prohibited from holding certain positions or engaging in certain activities for this period. The right to drive a vehicle is also lost for a period determined by the court.

Features of road accidents with victims

The circumstances of the accident can be very different. For example, a driver may not be able to control the vehicle due to bad weather conditions, which will lead to a traffic accident with injuries. In this case, it will be illegal to charge him with the highest degree of responsibility, since little depends on him. That is why, when determining the degree of guilt, all circumstances of the accident and the actions of the participants in the accident are always considered. If the culprit of the incident violates the established traffic rules, then this is also taken into account when imposing a punishment.

Court decisions

Accident at a pedestrian crossing

The driver is trying to avoid responsibility

The insurance company inflated the cost of repairs

The culprit of the accident fled the scene

The culprit fled the scene of the accident

Car dealer paid compensation for ruined weekend