What awaits the driver for a collision with a pedestrian? Article 264 of the Criminal Code provides for sanctions for a citizen at the wheel if it is proved that through his fault a person was killed or injured. In addition, the citizen at the wheel will also have to pay compensation to the victim or his relatives if the latter died at the time of the road accident. Also, the responsibility for hitting a pedestrian is prescribed in the Code of Administrative Offenses. Learn more about all this from this article.
A little about the main thing
If drivers do not comply with traffic rules, traffic accidents very often occur in which they receive various injuries and even pedestrians die. Moreover, the culprits of such accidents are often people themselves who cross the roadway in the wrong place for this. The traffic police is trying to reduce the number of such accidents and therefore is trying to ensure that all traffic participants comply with traffic regulations.
But what awaits the driver for hitting a pedestrian? Article 12.24 of the Code of Administrative Offenses provides for liability in the form of a fine or deprivation of rights for a period of up to two years for those citizens at the wheel who caused little damage to the health of another person. If the consequences of the collision are more serious, then even imprisonment awaits the drivers. That is why it is so important to comply with traffic rules.
Sanctions on the Criminal Code
Unfortunately, but the reality is that almost even the most accurate and experienced driver risks running into a pedestrian. Article 264 of the Criminal Code provides for sanctions only for those citizens who are driving, whose fault in a perfect accident with serious consequences will be fully proved by the investigation and the court. This is important to know.
In this case, the punishment may be different. It will depend on the severity of the deed. If a pedestrian is killed in a traffic accident due to the fault of the driver, he can be sentenced to five years in isolation from society. But this is if the person behind the wheel was completely sober, which is confirmed by a medical report. As additional sanctions, it provides for the deprivation of a driver's license for a period of up to three years.
In the event that the perpetrator of the accident was drunk, then he can get from two to seven years in prison if only one person died. If several pedestrians died, then the sanctions are more stringent - from 4 to 9 years in isolation from society. As an additional punishment, the deprivation of a driver's license for 3 years is provided.
In the event that the pedestrian was injured but survived, the driver guilty of hitting him can receive only two years in prison. Additional punishment is imposed at the discretion of the court.
In order to avoid such tragic consequences, drivers and pedestrians are required to comply with traffic regulations.
In addition to the foregoing
Of course, the most severe sanctions for hitting a person are imposed on the driver if he was drunk while driving. This significantly tightens the punishment. Moreover, we can say that a drunk driving is a criminal. Because the driver knows in advance that driving in this form can end very badly, not only for him, but to take the life of another person. But many do not think about such consequences.
Part 2, Art. 264 of the Criminal Code of the Russian Federation contains sanctions for drivers who have committed an accident while intoxicated and for this reason another person was seriously injured. For example, a pedestrian, as a result of a strong blow, lost his sight, a pregnant woman had a miscarriage. Accidents happen with various grave consequences for the health of other people. But on the punishment of the driver under Part 2 of Art. 264 of the Criminal Code of the Russian Federation can only be said in a situation where his guilt in an accident was fully proved. You need to know this.
Sanctions here can be in the form of:
- forced labor (for a period of up to three years and deprivation of rights for the same period of time);
- imprisonment (up to four years maximum), as well as the driver will need to become a pedestrian for three years.
Which of the two sanctions to apply to the culprit of the accident will be decided only by the judicial authority. That is the law.
Important
In the event that the driver’s guilt is proved in a collision with a pedestrian, article 1079 of the Civil Code indicates that he will be obliged to compensate the injured party. This is the order. In some cases, the amount of this amount is determined by the court, taking into account the material situation of the person responsible for the accident. Of course, if the latter has a family and children that need to be provided, then the amount of compensation for harm cannot be very large. But all this is determined by the court in each case individually.
Also, the damage will not be compensated to the injured party if the driver is able to prove that the accident occurred due to the intent of the victim. This is also indicated by Art. 1079 of the Civil Code of the Russian Federation. For example, a pedestrian intentionally entered the roadway, where there is no special passage, wanting to commit suicide. In practice, there are sometimes such cases.
For information
Nevertheless, in most cases, the damage that was caused to the victim by a means of increased danger (which is the car) is indemnified regardless of the fault of the perpetrator. This rule must also be considered. This applies to those cases when a pedestrian who died in a traffic accident has children who had him as a breadwinner, and when it comes to reimbursement of burial expenses. In such a situation, the driver will have to transfer funds to provide for the children of the deceased. The amount of payments is determined by the court.
If the driver was not the owner of the car
In practice, it sometimes happens that an accident occurs not through the fault of the owner of the car, but through the negligence of a completely different person. For example, if the owner of the car handed over the transport control to his friend who has rights, and he had a fatal accident. Who in this case will compensate the harm? Subject to the provisions of Art. 1079 of the Civil Code of the Russian Federation, this will be done by the driver who drove the vehicle legally and hit a pedestrian. You also need to know about this.
Punishment by koap
Fortunately, not all accidents result in the death of pedestrians. However, if the driver hit a person, he must be punished. So, if in the accident a pedestrian received minor injuries, then the driver faces a punishment under article 12.24 of the Code of Administrative Offenses. Here, as a sanction, a monetary fine or deprivation of rights to drive a transport is provided.
Even if the driver hit the pedestrian on the sidewalk, but there were no serious consequences (the person remained alive and his health condition was not badly damaged), the driver will still be deprived of their rights or will be obliged to pay a fine.
Moreover, in such cases, the victims also require compensation for harm and compensation for treatment costs.
Questions of interest to citizens
Traffic accidents involving pedestrians in our country occur almost every day. Therefore, drivers who have run over a person are often interested in lawyers asking whether it is possible to avoid responsibility for what they have done and how to do it. The answer in this case will be ambiguous. Firstly, it all depends on the severity of the consequences of the accident. Therefore, if a person is alive and well, then you need to talk with him, it is possible that he will agree to a small material compensation, and that’s all. In the situation when it comes to an accident in which a pedestrian died or received serious injuries (he lost his hearing, vision, part of his body), then it will not do without initiating a case. Moreover, the injured party here will demand not only maximum punishment, but also redress. And this is completely legal.
What threatens a collision with a pedestrian to the culprit of an accident? If a person died, the driver will receive a term and will go to serve his sentence in a colony settlement. Because this criminal act belongs to the category of reckless. You also need to know about this.
What the law allows
If the driver hit a pedestrian (when his actions fall under Article 264 of the Criminal Code), but admitted his guilt and compensated the injured party, then he can be exempted from criminal punishment. In this case, we are talking only about those cases when a person died or received serious injuries in an accident.
Therefore, if the culprit of the accident apologizes to the injured party and compensates for the damage caused by the criminal act, then most likely the relatives of the deceased pedestrian or the person injured in the accident will not mind reconciling and forgiving him, and will also not demand severe punishment for him. In most cases, such cases are closed by the investigator at the preliminary investigation stage. But in certain cases, these issues are decided by the court, having heard the opinion of the injured party and the prosecutor.
What is the statistics
Unfortunately, but an accident involving pedestrians most often occurs through the fault of the citizens themselves, who go on the road in the wrong place for this. According to traffic police statistics, in Russia this year alone, several thousand people died under the wheels of vehicles. Moreover, half of these accidents were caused by pedestrians themselves. Indeed, even the most experienced driver will not be able to brake in time if a pedestrian runs out onto the roadway in front of a moving car.
Traffic police constantly monitor that motorists and pedestrians do not violate traffic rules. Moreover, the latter are even fined for crossing the road in the wrong place for this. And still, statistics show that pedestrian accidents with fatal outcomes are not getting smaller. In most cases, the driver is responsible for a fatal accident. Although, it is possible that the accident occurred due to the deliberate actions of the pedestrian himself. This also happens in practice.
Crosswalk - risk zone
Unfortunately, but it is on the zebra that the most accidents occur in which people die. Will the driver be held responsible in this case? Of course, yes. Because, according to traffic regulations, he is obliged to give way to a pedestrian if he crosses the roadway in the place provided for this. Most often, such accidents occur due to non-compliance with the speed limit.
Here it should be noted that because of the great risk to people, not so long ago, lawmakers forbade drivers to overtake at pedestrian crossings. Although previously it was allowed.
Hitting a pedestrian at a pedestrian crossing very often occurs at night, when the road is very poorly lit and the driver sometimes cannot see in advance in the dark a person walking across the road in dark clothes. Nevertheless, this does not relieve the citizen who is driving from liability. After all, he should always be prudent and attentive.
Traffic police advise pedestrians to wear clothing with reflective elements in the dark, so that they can be seen by drivers of vehicles. This will help to avoid accidents and increase the safety of people walking on the road at night.
Small characteristic
As mentioned earlier, in order to avoid the sad consequences of road crashes, all road users must comply with traffic rules. This applies to drivers and pedestrians. Moreover, the latter should be careful when crossing the roadway. Pedestrians should not go on the road right in front of moving vehicles and in places not intended for crossing. This is necessary to maintain the safety of the latter.
Practice
As mentioned earlier, basically all drivers who have committed accidents with the death of a pedestrian are serving a sentence for this. As a rule, the court appoints a colony-settlement as a correctional institution for the perpetrators of the accident. Although the relatives of the deceased believe that the drivers who caused their loved ones to die should serve time in prisons under special conditions.
Nevertheless, pedestrian rides on the roadway most often occur through the fault of the people themselves, who go on the road in the wrong place and do not even think about the consequences. Therefore, the driver is not always to blame for the tragedy that happened.
Conclusion
So, earlier it was considered what punishment the driver faces if he hit a pedestrian in the traffic. Sanctions for this are prescribed in the Code of Administrative Offenses. Hitting a pedestrian, even if he is not badly injured, can threaten the driver (of course, if he is guilty) with the deprivation of rights or a fine.
In the case when it comes to the death of a person in a road accident, the sanctions for the driver will be much more serious.