Every year in our country about 200,000 accidents occur. Unfortunately, in about 10% of cases, the culprit of the accident, knocking a person down or simply hooking another car at low speed, tries to leave quickly in order to avoid responsibility. In addition, 5% of those hiding when reporting an insured event report false information about the causes of damage to the car. What will happen if the driver fled the scene of an accident? Punishment for such an act depends on many factors, but more often than not administrative responsibility cannot be avoided.
Problematic issue
The bulk of the people, hitting someone else's car, hiding from the scene. And if no one else has seen this, then the temptation to leave is very much increasing. The traffic police are also not very interested in finding the culprit, since this is almost impossible.
According to lawyers, traffic cops will actively search for a driver only if people are injured or the accident led to the death of a citizen (s). When your car is just slightly wrinkled, the chances of finding the culprit are almost zero.
Liability framework
If the driver fled the scene of an accident, he faces administrative liability. However, the offender will be punished only, naturally, subject to the establishment of his identity. The victim can still receive compensation for damage to life and health under the CTP policy and without bringing the culprit to court.
An accident is an accident that occurred during the vehicle’s road traffic and with its participation, in which people are injured or killed, cars, structures, cargoes are damaged or there is other material damage.
It often happens that the driver, having become the culprit of the accident, violates the requirements of the Rules of the road, which indicate that in this case it is necessary to stop and not move anywhere from the scene. If the driver does not fulfill such requirements, then he will be deprived of rights at best , and at worst arrest up to 15 days. When a person fled the scene of an accident, the punishment will always be tougher than if he had stayed before the traffic police arrived.
Arbitrage practice
Quite often, the inspector incorrectly qualifies the crime committed by the driver and, therefore, brings him to justice for a more serious offense than he committed. What kind of situations can this be and how to appeal its actions? He, for example, can indicate in the protocol that the driver fled the scene of an accident, but in fact, far from all cases of his actions can be qualified like this.
However, the error of the inspector can be proved and, thus, win the case. You can try to reduce the size of the fine or even achieve complete exemption from liability. It also happens that drivers do not suffer from an inspector, but from fraudulent actions by other drivers who unreasonably accuse them of causing damage.
Algorithm of actions at road accident
How to behave in the event of an accident?
- You must immediately stop, turn on the light alarm, put an emergency stop sign and do not move things that are relevant to the incident.
- If there are victims, it is necessary to provide first aid and urgently call an ambulance, and in extreme cases they must be taken to the hospital in your car (catch a ride), and then returned to the scene of the accident.
- If necessary, free the carriageway.
- Write down the addresses and surnames of eyewitnesses, record traces and objects that relate to the incident.
- Call the police and wait for law enforcement officers.
It was much worse when the culprit escaped from the scene of an accident. They leave after the accident, of course, for various reasons: fear, confidence that no one saw this, etc. However, in this case, the driver deprives himself of the hope of an objective and complete investigation of all the details of the accident and the possibility of collecting evidence at the scene. There is also a risk that random witnesses will describe the situation differently from what they actually were, distort events. But if the driver then changes his mind and confesses his guilt, the likelihood that he will go unpunished is very miserable.
Mitigation of liability
There are two reasons to stay at the scene. The driver will promptly provide assistance to the victim (s) and promptly call an ambulance. The delivery of the victim to the hospital in the future will be important in determining the degree of fault of the driver. But if a citizen fled from the scene of an accident, the most severe punishment awaits him.
At the same time, a situation where the culprit alone cannot provide assistance and leaves the scene of an accident to call the police and medical assistance will not be considered a concealment from the scene of the accident. Of great importance in qualifying an act is the severity of the injuries sustained by the victim.
Criminal liability
It is possible to bring the culprit of the accident to criminal liability only in the case of damage to the victim's health of moderate gravity, or serious harm, or death. If all these negative consequences occurred precisely as a result of the driver leaving the scene of the incident, then the culprit can be sentenced to imprisonment for up to three years and deprived of authority to engage in certain activities.
That is, criminal liability is possible under such circumstances:
- the presence of guilt;
- causing damage to the citizen (s) of moderate gravity, grievous harm or death.
If a person fled the scene of an accident, the punishment for this will depend on the severity of the consequences. When the driver’s actions do not fall under Article 264 of the Criminal Code, he will be administratively liable. In this case, you may be deprived of rights for a period of 1 to 1.5 years or arrested for 15 days.
Even if other persons are to blame for the accident, and the driver passing by noticed this, could report to the police and provide assistance, but did not do it, they also have the right to be held accountable in an administrative proceeding.
It is also necessary to stay at the scene to assist the police in investigating the incident. All your explanations, actions to find witnesses, eyewitnesses, comments, participation in the inspection of the accident site and in the preparation of procedural documents can then play only in your favor. But if the offender fled the scene of an accident, then this only complicates things.
How to prove your innocence?
If you get into a traffic accident, even if all the facts indicate your involvement in the incident, you can win the case in some cases. To do this, it’s worth trying to prove the procedural violations in the preparation of papers.
Why is this done? Violations made in documents may result in exclusion of IDPS documents from the evidence in your case. Pretty strict rules have been set for compiling such papers. If a person fled the scene of an accident, responsibility can be mitigated with significant errors and inaccuracies in the execution of the protocol. When they are identified, IDPS documents can be tried to be recognized as unacceptable evidence and thus “ruin” the case.
At the same time, it is necessary to interview witnesses, inspectors, witnesses, find contradictions in their testimonies and point out a violation of the law.
Appeal against affixing
As we have already mentioned, a fine is not imposed for this violation. Hid from the scene of an accident - be prepared to lose your rights or serve 15 days. A fine of up to 1000 rubles was imposed only if traffic violations were established in connection with a traffic accident, but the driver did not leave after the deed. However, if you have been deprived of your rights, you can appeal the affixing of the court.
Important notes
It should be noted that drivers are forbidden to drink alcohol (take drugs, etc.) after an accident. If he ignores such demands, then, again, he faces a punishment. Based on the Code of Administrative Offenses of the Russian Federation, you may be required to pay a fine of up to 30,000 rubles and deprive of rights of 1.5 to 2 years. Therefore, it is important not only not to leave the scene, but also not to drink alcohol, this is only in your interests.
Summary
If the driver fled the scene of an accident, the consequences can be very different, but the most unfavorable outcome is criminal liability. With minor damage to a parked car, you are unlikely to be found and sentenced, but if there are human casualties, then it will be extremely difficult to go unnoticed.