Accident with a cyclist: what to do in such a situation?

A bicycle is a mobile and convenient vehicle that does not harm the environment, the driver does not have to stand in traffic jams, and does not need to look for parking to leave the vehicle.

In accordance with the legislation of the Russian Federation, a person does not need to pass a license to drive bicycles. However, despite this, such a cyclist is still considered a full-fledged participant in the road traffic. This means that such drivers are responsible on the road within the framework of the traffic rules.

Feature of punishment

Based on traffic regulations, a collision with a cyclist often leads to serious consequences for the driver of the car. One of the reasons is that a two-wheeled non-motorized vehicle is not considered a high-risk vehicle. This means that in the event of a collision, the greatest attention will be paid to the actions of the person driving the car. Measures taken to avoid a collision are taken into account.

The features of a car (when compared with a bicycle) include:

The ability to reach high speeds, which poses a danger to other road users.
The dimensions of the vehicle are large enough so that it can be easily seen on the road.
Before obtaining a license, the driver studies the traffic rules and passes an exam on the rules of the road.

In the case of a bicycle, the situation is the opposite:

A two-wheeled vehicle is not capable of high speed.
The bicycle and driver have limited dimensions, which complicates the visibility of such a vehicle on the road.
The law does not stipulate the age at which a person has the right to drive. In most cases (when it comes to accidents involving a bicycle), a minor is driving.

When driving on the sidewalk

There is another example of accidents involving a bicycle. A cyclist moves along the sidewalk. A car drives out of an alley between buildings.

In such situations, the driver often has difficulty seeing due to tall plants, buildings, banners and other objects.

As a result, a collision occurs, the result of which will be harm caused not only to vehicles, but also to people. This is even more dangerous for a cyclist who does not have serious protection.

Note! In the event that occurred, the culprit could be any participant in the accident. On the one hand, when entering the road, a car must allow a bicycle moving on the sidewalk to pass. On the other hand, the movement of a cyclist on the sidewalk should not interfere with the movement of other objects. Otherwise, the cyclist must dismount and cross the potentially dangerous place on his own two feet.

However, the cyclist is often found to be at fault. After all, the driver of the car, even at low speed between yards, would not be able to stop in front of a bicycle that suddenly appeared from the sidewalk.

Watch the video. Cyclist in an accident: what to do, how to help?

First actions in case of an accident

In the event of a collision between a car and a bicycle, almost all responsibility falls on the car owner. To avoid punishment or to reduce the level of responsibility, a person driving a car needs to take the following steps:

We determine the condition of the cyclist. If there are injuries, the person must be taken to the nearest hospital. Before departure, it is important to limit the location of the accident and install an emergency sign. After delivering the person to the hospital, you must return to the place and call the traffic police.
If there are no injuries as a result of the collision or the injuries do not require hospitalization, we call an ambulance and traffic police officers to the scene of the accident. It is prohibited to leave the scene or even move the vehicle.
We turn on the hazard warning lights and put up a warning triangle (if this has not been done previously).
We record the scene of the incident and take information from witnesses to the incident (if any).
We are waiting for the traffic police to fill out the protocol. Here work is carried out to discuss the circumstances of the accident and the consequences of the collision.

If a collision with a cyclist occurred due to the latter’s fault, the damage is compensated only through a judicial authority. Due to the fact that the driver of a two-wheeled vehicle does not have compulsory motor insurance, one cannot count on receiving payments in any other way.

What to do if a cyclist escapes

It is not uncommon for a cyclist to leave the scene of an accident. At the same time, it is quite difficult to identify it, since it does not have license plates. In this case, DVR recordings will come in handy. You can also use the recording cameras that are located at the scene of the incident.

Even if minor damage was caused as a result of an accident, it is necessary to collect contacts of eyewitnesses and call the traffic police to draw up a report. The document must indicate:

time of accident;
exact location of the accident;
car damage;
road signs, markings and traffic lights;
detailed descriptions of the bicycle and who was driving it;
contact details and statements of witnesses to the incident;
DVR recording (if available).

If the car was seriously damaged during the accident, you need to submit a written petition to the traffic police officer, citing recordings from cameras (if there are any at the scene of the accident) or a video recorder.

The likelihood that the guilty cyclist will be found is small, but if he is found, he will face a fine of 1,500 rubles, and may also be arrested for 15 days.

In the event that the cyclist fled the scene of an accident, but the motorist is at fault, it is necessary to report the incident to the traffic police. Otherwise, if the injured cyclist contacts government agencies, the driver of the car faces deprivation of his license.

Collision at a pedestrian crossing

In some cases, a collision with a cyclist occurs at a pedestrian crossing. Here the rules of the road are clear. A cyclist must travel along a zebra crossing on foot, driving the vehicle in his hands. If a person complies with traffic regulations and finds himself under the wheels of a car, such an event is classified as a collision with a pedestrian. Here the legislation does not speak in favor of the car owner.

Another situation is possible when a cyclist crossed the roadway in the saddle of a bicycle. In this case, it was he who violated the traffic rules. But even under such circumstances, the driver is not relieved of responsibility. That is why it is important to be careful when driving through pedestrian crossings and to take into account possible violations by cyclists.

Collision on the roadway

Situations with road accidents on the roadway occur with enviable frequency. At the same time, the driver must realize that he bears the greatest responsibility. At the same time, a cyclist who enters the road also becomes a participant in the traffic. Therefore, it is subject to traffic regulations.

The rules specify the persons who have the right to travel on the roads:

Persons aged 14 years and over can only travel along the side of the road, on special paths or on the right side. In the absence of the above options, moving on the sidewalk is allowed.
Citizens under the age of 14 have the right to move only on sidewalks and pedestrian paths.

If the person driving the bicycle did not violate the traffic rules, the driver of the car is held accountable.

Liability in case of an accident with a cyclist

In 9 out of 10 cases, the car owner who hits a cyclist tries to escape from the scene of the accident.
In this case, the driver of a two-wheeled vehicle must leave the roadway, leaving the vehicle in the same place. The best option is if immediately after the accident it is possible to record the data of the second participant. For these purposes, you can use a photo or video camera. Next, the collected information is transferred to the inspector, who will subsequently search for the violator with his colleagues. In the event of a collision with a cyclist, the driver faces liability, which depends on the level of harm caused. Taking into account the Code of Administrative Offences, the car owner is subject to administrative liability (fine) in the following cases:

The collision resulted in a minor injury to the cyclist.
The man driving the two-wheeler suffered minor injuries.
As a result of the accident, the cyclist received serious injuries (for example, fractures), which are not life-threatening.

The greatest administrative punishment provided for by law involves deprivation of rights for a period of up to 2 years and a fine of up to 25,000 rubles. If the cyclist received more serious injuries, the driver faces criminal liability - prison for up to 2 years and deprivation of rights for up to 3 years.

As a rule, a criminal case is initiated if a cyclist dies or receives life-threatening injuries. Also, the likelihood of imprisonment is high in the event of fetal death (if the victim was pregnant), as well as in the event of amputation of any of the cyclist’s limbs due to an accident. In this case, the determination of the level of harm is carried out only by the doctor of the medical institution.

Scooter vs pedestrian

In February 2021, the Industrial Court of Izhevsk examined a collision between an electric scooter and a pedestrian. Local resident Victoria Ovchinnikova knocked down a man on the sidewalk, causing slight harm to his health. Traffic police officers came to investigate, drew up a diagram of the accident and charged the girl under Article 12.24.

To recognize Ovchinnikova as a driver of a vehicle, the court only needed one characteristic of the electric scooter - a power exceeding 250 watts.

“Did not ensure traffic control along the way,” with this wording the court issued a fine of 2,500 rubles, recognizing a direct causal connection between the girl’s violation and the pedestrian’s injuries.

Pedestrians vs scooter

In St. Petersburg, officials and police consider electric scooters to be pedestrians. Collisions on “road” charges are not investigated. Fontanka called the impound lots and did not find a single confirmation of the evacuation of the electric scooter. The Legality Committee also found it difficult to remember such cases.

Liberties are being taken on the electric scooters themselves. Student Maxim Putov and his friend Suraj Mamedli were arrested for fighting due to a collision with the writer Valery Airapetyan, and Mariinsky Theater artist David Zaleev was pulled out of the dead after drunken driving on the sidewalk.

What about the scooters themselves?

And here’s what Yulia Kamoilik, a representative of the Whoosh company, says about the situation with scooters and the scandals surrounding them. (This service was launched in Moscow in 2021, now there are 17 cities on the list, including St. Petersburg, Ufa, Rostov-on-Don, Chelyabinsk, Yekaterinburg, Tyumen, Novosibirsk, Sochi, Krasnodar, Nizhny Novgorod, Kazan).

“The demand to ban is a normal reaction to the appearance of something new and incomprehensible,” she believes. “But we know from experience that shared scooters cause serious injuries less often than private ones. For example, we limit the speed - our scooter will not go faster than 25 km/h. Through the application, we promote knowledge of traffic rules and a style of driving a scooter that is respectful of other residents of the city. Our service has an age limit of 18+, and we fine and block those who rent scooters and hand over control to children. We also block those who ride a scooter together: this is an extremely unsafe method in which it is easy to lose control. Drunk driving is also prohibited.

At the same time, the company realizes that there is no way to completely control who controls the scooter, so in any case, the responsibility lies with the one who rides it.

Yulia Kamoilik notes that accidents involving scooters happen less often than with cars, and mild incidents such as falls prevail.

The Whoosh company also does not consider scooters to be motor vehicles, although they use a different argument:

“The scooter is driven by muscular movement: in order for it to turn on the engine, you need to push off with your foot and accelerate a little,” explains Yulia Kamoilik. - Only then will the scooter respond to the gas lever. Therefore, according to the current traffic regulations, it is not a mechanical vehicle.

The company emphasizes that in many countries, electric scooters are considered equal to pedestrians, and current rules are sufficient to regulate their movement.

— It is important to remember that by renting a scooter, a person assumes a certain responsibility. The user must be conscious when riding a scooter, comply with the Traffic Rules and the terms of use of the service: this applies to safe driving, the prohibition of riding under the influence of alcohol and two people on the same scooter, and the permissibility of using a scooter from 18 years of age.

That is, pedestrians simply have to rely on the consciousness of scooter drivers.