Consequences of civil liability if you are at fault in an accident

Statistics

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But first, some statistics. All road accidents can be divided by type:

Vehicles colliding with each other.
Vehicle rollover.
Collision of one vehicle into another stationary vehicle.
Hitting a pedestrian, cyclist, or animal.
A car collides with a static obstacle.
Vehicle falling from a height.
Other traffic incidents.

The main reasons causing injury to a person are:

relocation (or collision);
compression (squeezing, deformation);
hit;
penetration of foreign objects (fragments) into the human body.

In this case, injury can be caused not only by the car itself, but also by elements of the road or roadside structures.

For example, there is a widely known case when a passenger was driving at a speed of 120 kilometers per hour with his hand extended out of an open window, and a road sign standing close to the roadway practically tore off the passenger’s hand when the outstretched hand collided with this sign at high speed.

Injuries in road accidents can be varied, sometimes quite complex, but most often there is a pattern: the higher the speed of the car, the more complex and severe the injuries.

The most severe injuries in road accidents are those sustained by impact with:

door;
steering wheel;
the windshield of a vehicle during a frontal collision.

According to road accident statistics, when analyzing injuries that caused death, forensic medicine staff found that:

more than 52% of injuries that led to the death of an accident victim were caused by deformation of the car body;
about 40% - from the impact of the victim on the internal parts of the cabin.

In addition to the speed of the vehicle, the severity and nature of the injury can be affected by the form of the collision:

tangentially;
side collision;
windshield;
make and weight of the vehicle;
the presence or absence of airbags and seat belts.

According to statistical studies, when wearing seat belts in severe frontal crashes, especially at high speed, the number of traumatic injuries incompatible with life is three times less than without a seat belt.

According to statistics, among those involved in an accident who do not use safety belts, about 46 percent are injured, and 3 percent of those involved in road accidents die.

The picture with the use of a belt is completely different - nineteen percent of injuries and about one percent of deaths from the total number of those involved in an accident.

The most numerous and especially dangerous are:

neck wounds;
head, including severe concussions;
breasts;
ribs;
chest organs;
abdominal cavity;
spinal injuries.

Among the main causes of death for accident victims, statistics list:

combination of acute heavy bleeding and shock;
traumatic brain injury;
injuries incompatible with life.

In addition to severe injuries, fatalities are often caused by:

time factor (golden hour rule);
low level of training of police officers, as well as drivers, who sometimes do not know how or understand how to provide first aid to a victim.

What constitutes damage from a traffic accident? This is damage caused by internal or external elements of a moving vehicle, or injury caused by the car falling out.

There are several types of auto injuries:

impact by any element of the vehicle structure in a collision with a person;
moving the victim with one or more wheels;
falling out of the vehicle while driving;
impact on the inner surface of the car or squeezing of body parts by parts of the car in the cabin;
squeezing (squeezing) the body between vehicle elements and foreign objects;
combined.

According to research results, accident injury statistics show that different parts of the body are injured in different ways:

most often victims receive various head injuries (about 60% of cases);
the next most common injuries are fractures or bruises of the legs (approximately 10%);
the third were hand injuries (every twelfth).

The main causes of serious injury and death were identified as impacts on:

dashboard;
windshield;
steering column.

The severity of the damage often depends on the location of the victim in the cabin - the more nearby structural elements that a person can hit, the greater the likelihood of damage, which is why the most dangerous seats in a car are the front seats.

Types of damage to the driver and passenger

An accident can cause injury to any part of the body or several at once. You can distinguish the type of damage visually, but only a specialist can characterize it more accurately after an examination. However, an eyewitness to the incident is able to recognize the type of injury in order to help the victim.

Cranial

The head often suffers in road accidents. After all, when a car suddenly stops, a person leans forward sharply and can be injured on the glass or steering wheel. The head is not secured by anything, so it hits a hard surface, resulting in a traumatic brain injury. It can also be caused by a late deployed airbag.

Passengers sitting in the rear seats receive a concussion or brain injury from impact with the front seats. If the collision is sideways, the head hits the car pillar or door. A traumatic brain injury can be recognized by a wound on the forehead or crown, the back of the head, or a broken face. If it is severe, fluid may leak from the ears, nose, and a visible fracture of the skull bones. A cracked car window indicates a head impact.

The most severe traumatic brain injuries occur in those who are not wearing a seat belt. Another factor in receiving such damage is the high speed of the car, its fall from a great height.

Spine and ribs

Stopping the car abruptly can lead to a dislocation or fracture of the spine. The cervical region is especially often affected. The head sharply tilts down, then it is immediately thrown back, which causes injury. Those who sit with a bent back and a poorly adjusted headrest are at greater risk.

The spine also suffers when a person is not wearing a seat belt. Sharp jerks of the body lead to deformation of ligaments and impacts. The rear passenger may be injured. He is thrown forward with tremendous force. And the blow falls precisely on the back of the person in front.

Injuries to the neck and spine are indicated by increased pain when trying to change the position of the body, turn the head, or move the arms. Sometimes deformation is noticeable. The localization of sensations depends on which part of the spine is injured.

Fractures and bruises of the ribs are caused by contact with the steering wheel. The part can press them inward, resulting in deformation of the bones. Dangerous for ribs and belt. He holds the body in place, and it rushes forward. The consequence is sudden compression and tissue damage.

Watch this video about whiplash in a car accident:

Organs

The most difficult thing to recognize is damage to internal organs, since there may be no traces on the body. However, just because a person shows no outward signs of injury does not mean everything is fine. Damage to internal organs is a dangerous condition that can cause bleeding.

Limbs

Arms and legs are also at risk in an accident. The lower extremities are more often affected because they can be injured by the pedals and dashboard of the car. Legs can be broken, sometimes it is impossible to free them from the interior trim. The latter is dangerous because soft tissues and blood vessels are compressed, and necrotic changes may occur. And the limb will have to be amputated.

In the event of a strong impact or poor design of the car (when the engine is carried into the cabin during a collision), the legs can simply be torn off.

Injuries to the upper extremities in accidents occur less frequently. More often these are fractures of the fingers and hands caused by interaction with the steering wheel. Injuries to the elbow bones and forearms are also possible in the event of a side impact or rollover of the car, or ejection of a person from the passenger compartment.

Combined

If there are many injuries of a different nature, the victim is said to have received combined injuries. This happens if the car overturns, or the person in it is thrown out of the cabin by the impact. Associated injuries are more likely to occur when the driver or passenger is not wearing a seat belt. In these cases, different parts of the body may be damaged. And the severity of the injuries also differs.

Combined injuries can be recognized by a combination of signs. The victim usually experiences severe pain, is unable to name its source, or says that there are several of them. The person has difficulty breathing. He may go into shock from unbearable sensations and intoxication. Some experience severe blood loss.

To learn about what a combined injury is and how to carry out therapeutic and diagnostic measures at the initial stages, watch this video:

What injuries can you get in an accident?

Some of the most common injuries during an accident are:

fractures;
bruises;
other bone injuries.

Much less common:

dislocations of limbs;
muscle injuries;
fractures are often accompanied by bleeding, and with significant blood loss, blood pressure drops sharply, and if the victim is not quickly given first aid, he may die from blood loss;
Cardiac arrest occurs during a sharp impact with the chest on a hard surface, for example, on a steering wheel, in the absence of an airbag or seat belts.

Puncture wounds in the area of the pleural cavity can be called dangerous, especially when air, when inhaled by the victim, begins to flow through the wound into the cavity itself.

Drawing. Types of injuries in victims of various types of vehicle collisions.

Table of severity of injuries in road accidents

Harm to health is divided into:

easy;
average;
heavy;
death.

Any harm to health is determined in accordance with its long-term consequences: the more severe they are, the more complex the harm to health is determined and the more severe the punishment awaits the person responsible for the incident.

Table. Consequences of the severity of injuries depending on the severity of harm to health

Qualification of the severity of harm to health	Signs	Consequences
Heavy	1.Danger to life. 2. Severe consequences.	Complete blindness. Complete deafness. Completely dumb. Loss of an organ or permanent impairment of its function. General severe pathological conditions. Loss of fertility. Facial disfigurement.
Moderate	1.No danger to life 2.Good prognosis for restoration of health by more than 70%	Long-term (more than 21 days) health disorder. Loss of ability to work by no more than 30%.
Easy	Prognosis for full recovery of more than 95%	Short-term health disorder (less than 21 days) Loss of ability to work not more than five percent

First aid

Delay in providing first aid to victims often leads to the death of the wounded. First aid for any accident is divided into self-help and mutual aid.

There are three approximate organizational stages of providing assistance in an accident, which can be provided by drivers, passengers, and eyewitnesses of the incident:

• emergency assistance at the scene of an accident (extracting the victim from the car and emergency assistance in case of a threat to life);
calling an ambulance;
transportation of all victims to a medical facility.

To minimize physical harm in case of injuries, the following algorithm of actions is recommended:

Stop further traumatic effects on the victim (pull him away from the burning car, if possible, pull him out of the wreckage, etc.).
Until the ambulance arrives, support the wounded person’s vital body functions (heartbeat, breathing).
Meet the ambulance and transfer the victim to the doctors.
If medical assistance is delayed and it is possible to evacuate the victim yourself, carry out transportation.

In critical situations, not everyone can concentrate and react soberly to what happened, not panic, and not take the wrong steps.

The sequence of first aid is as follows:

stop the bleeding;
establish whether the victim is breathing on his own; if there is no breathing, perform artificial breathing either until signs of life appear in the wounded person, or until the ambulance arrives;
feel the pulse; if it is absent, perform an indirect cardiac massage until the doctors arrive;
for fractures - apply a splint or at least fix the injured limb with available materials;
treat wounds, apply a bandage.

When carrying out emergency measures, try, if possible, not to cause unnecessary pain to the wounded person.

How to file a claim for damages

Compensation for damage to the victim’s health includes:

wages or other income lost during incapacity;
treatment costs (this includes additional food, medications, and other means of caring for the wounded);
expenses for nurses, prosthetics, treatment in a sanatorium;
costs for professional retraining.

Damage to health caused by a road traffic accident is compensated only in court.

To initiate the process, it is necessary to file a claim for compensation for personal injury and attach to it copies of documents that confirm the facts stated in the statement of claim.

Compensation for injury to health is paid by the person found guilty of the accident, and, according to the rules of jurisdiction, the claim is considered by the district court chosen by the applicant.

There are three options here:

at the place of residence of the plaintiff;
at the place of residence of the defendant;
at the scene of the incident.

Figure 2. Sample statement of claim for compensation for personal injury.

Traffic accidents on the roads and their types

Road accidents include events caused by traffic that result in material or other damage.
That is, an event can be classified as an accident only if at least one vehicle was moving at the time of the incident. If all the participants’ vehicles were stationary, an incident may occur, but it will not be considered a traffic accident. This is the answer to the frequently asked question of what is considered an accident. The following types of traffic accidents are distinguished:

Collision of several moving vehicles.
Vehicle rollover - in such an incident, there are cases when there is only one participant.
Six types of collisions: on standing vehicles;
on pedestrians;
to obstacles;
on cyclists;
for horse-drawn transport;
on animals.

Other types of accidents.

Read more about what you need to know about road accidents.

In addition, there are road accidents in which:

There were no casualties. If drivers have no disagreement about the cause of the accident and its culprit, and the material damage does not exceed 50 thousand rubles, the incident can be registered under the European protocol.
People got hurt. In this case, it is necessary to take all possible measures to provide assistance. You will have to register an accident according to the standard scheme, with calling traffic police officers to the scene.

Payment procedure for injuries

The insurance company of the person responsible for the accident and the driver himself through whose fault the accident occurred are considered liable for damage caused in an accident.

Previously, until April 2015, the victim had to collect checks, documents confirming the costs of recovery, and the insurance premium could be received after complete recovery.

An important nuance: if a car of an organization or enterprise is involved in an accident while performing work duties, then the injured driver will be considered to have suffered a work-related injury.

In such cases, the injured employee has the right to additionally file a claim for work injury as a result of the accident against the employer. But he cannot count on any benefits after a work injury if the damage to health is fully restored.

If the guilty party in an accident was injured, but has insurance under MTPL, there will be no evidence that the culprit was intoxicated, then he can also count on compensation for health damage under MTPL.

Now the victim does not have to wait for recovery; it will be enough to present to the Investigative Committee a certificate from a medical institution indicating the injuries received.

Documents required to receive payment under compulsory motor liability insurance if the victim was injured in an accident:

passport;
bank details where insurance payments must be transferred;
certificate of accident;
documents from the traffic police, which will indicate the culprit of the accident;
medical certificates indicating the nature of the injuries and their severity;
conclusion of a forensic medical examination on the degree of disability.

The insurance company has no right to require any additional documents from the victim.

Of course, it is better not to get into a traffic accident. Of course, it is better to drive the vehicle carefully, observing all traffic rules.

But if you are in an accident, it would be better for everyone that the participants in the accident have at least minimal knowledge about injuries, how to help the victim, and how to subsequently receive compensation for damage to health.

Procedure for recording damage to health

Many people know that a simple story about their injuries is not enough to receive compensation and hold the culprit accountable, so they are interested in how to record injuries after an accident. To solve this problem, it is necessary to obtain a forensic medical examination certificate.

However, forensic medical examination relies not only on data obtained from a direct study of the patient’s condition, but also on medical documents compiled by the attending physicians. Therefore, it is necessary to ensure that all papers are completed correctly and in a timely manner.

It is not necessary to apply for a forensic medical examination certificate immediately after treatment - the law allows you to do this before the statute of limitations for offenses and crimes expires.