Road accident. Definition of the concept
Road traffic accident is an event that occurred during the movement of a vehicle on the road and with its participation, in which people were killed or injured, vehicles, structures, cargo were damaged, or other material damage was caused (Article 2 of the Federal Law of December 10, 1995 N 196 - Federal Law “On Road Safety”)
The identical definition of the concept of “road accident” is contained in clause 1.2 of the Road Traffic Rules of the Russian Federation, approved by Resolution of the Council of Ministers - Government of the Russian Federation of October 23, 1993 N 1090.
Road traffic accident; (RTA): An event that occurred during the movement of a vehicle on the road and with its participation, in which people were killed or injured, vehicles, structures, cargo were damaged, or other material damage was caused (clause 3.1.2 of the Recommendations for the recording and analysis of road accidents). -transport accidents on highways of the Russian Federation, approved by the order of Rosavtodor dated May 12, 2015 N 853-r).
A road traffic accident (RTA) is an event that occurred during the movement of a vehicle on the road and with its participation, in which people were killed or injured, vehicles, cargo, structures were damaged (lost since May 12, 2015 Rules for accounting and analysis of road traffic -transport accidents on highways of the Russian Federation, approved by the Federal Road Service of Russia on May 29, 1998).
Court decisions
The culprit of the accident fled the scene
Accident with oncoming traffic: a drunk driver fled the scene of the accident
The culprit fled the scene of the accident
The driver and the insurance company paid the hit pedestrian 700 thousand rubles
Car dealer paid compensation for ruined weekend
The insurance company inflated the cost of repairs
Road accident registration by Rosstat
Rosstat Order No. 887 dated December 29, 2017 “On approval of methodological provisions for transport statistics” (this order was not officially published) contains the following provisions:
- Deceased - a person who died at the scene of a traffic accident or died within 30 days after the accident.
- Wounded - a person who received bodily injuries at the scene of a road traffic accident, which led to his hospitalization for a period of at least one day, or the need for outpatient treatment.
State statistical reporting on road traffic accidents includes information only on road traffic accidents in which people were killed or injured.
Road traffic accidents are taken into account according to the following main criteria:
- types (collision, rollover, collision with a standing vehicle, pedestrian, obstacle, cyclist, passenger fall);
- places of commission (in populated areas, on public roads, private roads, toll roads, non-public roads, at railway crossings and other places);
- reasons, the main of which are: violation of traffic rules (including by vehicle drivers), technical malfunction of vehicles and unsatisfactory conditions of maintenance and arrangement of the road network;
- categories of victims (drivers, cyclists, passengers, pedestrians);
- participants in incidents (including those involving pedestrians and children under 16 years of age);
- time of occurrence (days of the week, time of day).
The main causes of road accidents
Based on statistical data, experts have identified the causes of road accidents and their consequences. About 85% of road accidents occur as a result of violation of the provisions of traffic rules of the Russian Federation. In this case, the culprits in 70-75% of cases are drivers. The causes of injuries and accidents in road transport are:
- driving a faulty car;
- distractions;
- traffic violation;
- driving while intoxicated;
- driving a car in adverse weather;
- bad road;
- driver fatigue;
- exceeding the set speed limit.
Conventionally, the causes of road accidents are divided into 2 categories - objective and subjective. The first includes traffic situations that arose due to reasons beyond the driver’s control. These include:
- poor street lighting;
- poor quality road surface;
- technical condition of the vehicle;
- lack of road signs.
The subjective reasons that cause accidents and disasters on the roads include situations that were directly caused by the driver’s actions. The category includes the actions of the person driving the vehicle, driving style, violation of traffic rules and vehicle operating rules. Typically, accidents and disasters on the roads occur as a result of a combination of factors. Therefore, it is important to clearly identify the causes of the incident in order to understand what responsibility each participant in the incident will bear.
Types of road traffic accidents (RTA) in ODM 218.6.015-2015
In the Industry road methodological document ODM 218.6.015-2015, valid since May 12, 2015, “Recommendations for recording and analysis of road accidents on highways of the Russian Federation,” approved. By order of Rosavtodor dated May 12, 2015 N 853-r, only the following types of accidents are identified:
road traffic accident with victims: An event that occurred during the movement of a vehicle on the road and with its participation, in which at least one person was killed or injured (clause 3.1.3). In this case, a person injured in an accident is understood to be a person who received bodily injuries in an accident that resulted in his hospitalization for a period of at least one day or the need for outpatient treatment (clause 3.1.10). A person who died in an accident is defined as a person who died at the scene of an accident or died from its consequences within the next 30 days.
road traffic accident with particularly grave consequences: A road traffic accident in which 5 or more people died, 10 people or more were injured. (clause 3.1.4).
The previous Rules for accounting and analysis of road accidents on highways of the Russian Federation, approved by the Federal Road Service of Russia on May 29, 1998, contained a more detailed description of a road accident, which differed more favorably from the current Recommendations approved by Rosavtodor on May 12, 2015.
Types of road traffic accidents (RTA) in the repealed 1998 Rules
In the Rules for recording and analysis of traffic accidents on highways of the Russian Federation, in force until May 12, 2015, approved. By Order of the Federal Road Service of Russia dated May 29, 1998 N 168, road traffic accidents were divided into the following types:
Collision is an incident in which moving vehicles collide with each other or with railway rolling stock.
This type also includes collisions with a suddenly stopped vehicle (in front of a traffic light, during a traffic jam or due to a technical malfunction) and collisions of railway rolling stock with a vehicle stopped (left) on the tracks.
Rollover is an incident in which a moving vehicle overturned (for example, the court came to the conclusion that the overturning of a truck crane on the territory of a joint stock company cannot be regarded as a traffic accident, since it did not occur while the vehicle was moving along the road, as provided for clause 1.1 of the Traffic Rules; resolution of the Federal Antimonopoly Service of the West Siberian District dated October 28, 2008 N F04-6437/2008 (14507-A70-11) in case N A70-470/11-2008).
Collision with a stationary vehicle is an incident in which a moving vehicle collides with a stationary vehicle or a trailer or semi-trailer.
Hitting an obstacle is an incident in which a vehicle runs over or hits a stationary object (bridge support, pole, tree, fence, etc.).
A pedestrian collision is an incident in which a vehicle hits a person or the person collides with a moving vehicle.
This type also includes incidents in which pedestrians were injured by a load or object transported by a vehicle (boards, containers, cable, etc.).
A collision with a cyclist is an incident in which a vehicle hits a cyclist or the cyclist collides with a moving vehicle.
A horse-drawn vehicle collision is an incident in which a vehicle hits draft animals, as well as the carts transported by these animals, or the draft animals or carts transported by these animals hit a moving vehicle. This type also includes hitting an animal.
Passenger fall is an incident in which a passenger falls from a moving vehicle or in the cabin (body) of a moving vehicle as a result of a sudden change in speed or trajectory, etc., if it cannot be attributed to another type of accident.
A passenger falling from a stationary vehicle while boarding (disembarking) at a bus stop is not an accident.
Another type of accident is an incident not related to the types indicated above. This includes the fall of a transported load or an object thrown by a wheel onto a person, animal or other vehicle, a collision with persons who are not road users, a collision with a suddenly appeared obstacle (a fallen load, a separated wheel, etc.), etc.
Fine and other penalties for road accidents
Violation of traffic rules does not necessarily constitute an administrative offense. The violator cannot be brought to administrative responsibility if the corresponding article in the Code of Administrative Offenses is not provided for the violation. A typical example is a common cause of accidents - incorrect choice of speed limit. Responsibility for such actions is not established if the maximum permissible speed provided for the given territory or established by road signs was not simultaneously exceeded.
If the actions of a traffic violation violator do not constitute an administrative offense, administrative liability does not arise.
In the area of traffic safety violations, the following types of administrative penalties are applied:
- warning;
- fines (most often the fines range from 500 to 500,000 rubles);
- deprivation of the right to drive vehicles for a period of 1 to 24 months;
- arrest up to 15 days;
- compulsory work lasting from 100 to 200 hours.
Driving while intoxicated by a person subject to administrative punishment for a similar offense or for refusing a medical examination may result in criminal liability up to imprisonment for up to 24 months.
Strict adherence to traffic rules reduces to a minimum, and possibly eliminates, the likelihood of getting into a traffic accident. Among highly qualified professional drivers, there is a belief that it is easy to avoid accidents due to one’s own fault, but a real driver must be able to avoid accidents due to the fault of other road users. Attentiveness and accuracy while driving eliminate problems not only for the driver himself, but also for those around him.
Another type of accident is a non-contact accident.
The last paragraph of paragraph 3 of Appendix 3 to the specified rules for recording and analyzing traffic accidents on highways..., apparently, also included “another type of accident.” We are talking, in particular, about so-called non-contact accidents.
In a non-contact accident due to the fault of the driver of the vehicle (who violated the traffic rules), harm is caused to third parties, while there is no physical contact between the vehicle of the harm-doer and the vehicle of the injured person (as well as any other object to which the harm was caused). For more information on the topic of non-contact road accidents, see the article “Non-contact road accidents. Arbitrage practice"
Liability in case of an accident causing personal injury
In this case, the physical condition of all participants in the accident is taken into account: passengers, driver or pedestrians. The degree of physical damage determines the punishment.
In case of minor injuries, administrative and civil liability is provided. If the victim was seriously harmed, then if there is evidence of the driver’s guilt, he faces the possibility of criminal proceedings.
It is important to consider that the absence of actions that led to injuries to people is not grounds for initiating criminal proceedings. This requires clear intentional actions that lead to disastrous consequences. First of all, the main basis for conviction is a clear violation of traffic safety rules.
Falling objects on a car, snow from roofs - an accident?
To classify an event as an accident, it matters whether the “injured” car was moving at the time the damage was caused or was parked, because from the definition of the concept of an accident it follows that a road accident is an event that arose primarily while the vehicle was moving along the road.
For example, the court indicated that “from the plaintiff’s statement of claim it is clear that at the time the damage was caused, the car was parked next to the building; the basis for the claim was damage to the car as a result of falling snow, and not a traffic accident” (resolution of the Federal Antimonopoly Service of the Central District dated 04.02 .2014 in case No. A09-1079/2013)
Stopping a vehicle - process of movement - accident?
The answer to this question determines whether the incident that occurred when stopping the car is considered an accident or not. Accordingly, whether the event is considered an insured event or not.
According to paragraph 1.2 of the Traffic Rules, a “road accident” is an event that occurred during the movement of a vehicle on the road and with its participation, in which people were killed or injured, vehicles, structures, cargo were damaged, or other material damage was caused.
At the same time, road traffic is a set of social relations that arise in the process of moving people and goods with the help of vehicles or without them within the boundaries of roads. Intentionally stopping the movement of a vehicle for up to 5 minutes, as well as for longer if it is necessary to board or disembark passengers or load or unload a vehicle, is a stop.
According to paragraph 1.1 of the Traffic Rules, these Traffic Rules establish a uniform traffic procedure throughout the Russian Federation.
Consequently, paragraphs 1.1 and 1.2 of the Traffic Rules, in their interrelation, relate stopping a vehicle to the process of road traffic.
According to Article 2 of the Federal Law of December 10, 1995 N 196-FZ “On Road Traffic Safety,” the term “ road ” means a strip of land or a surface of an artificial structure that is equipped or adapted and used for the movement of vehicles. The road includes one or more carriageways, as well as tram tracks, sidewalks, shoulders and dividing strips, if any. A similar concept of a road is contained in paragraph 1.2 of the Traffic Rules.
For example, guided by the above rules of law, the Third Arbitration Court of Appeal, in its ruling dated December 09, 2013 in case No. A33-11923/2013, indicated that “since the controversial event occurred at the unloading site of the company..., specially designed for the passage of cars through it for their unloading , that is, being a road, and stopping a vehicle to unload it is part of the road traffic, then the overturning of the vehicle belonging to the plaintiff occurred as a result of a road traffic accident - an insured event provided for in a voluntary insurance agreement.”
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