Accidents with pedestrians - punishment for the driver for hitting a pedestrian crossing

Responsibilities of the driver and pedestrian according to traffic rules

In road traffic, the driver-pedestrian relationship is regulated by the Rules through corresponding prohibitions and obligations, correlating so that one group of traffic participants is prohibited from doing something or ordered to give way, while another is given the right of priority.

And in this context, not all motorists, and even more so, participants on foot, know their rights, and, most importantly, responsibilities. Therefore, it is our duty to list them.

So, the responsibilities of pedestrians include:

cross the road only at a pedestrian crossing, and if the latter is regulated, then only at the green one (clauses 4.3 and 4.4 of the traffic rules),
but it is possible to cross outside the crossing, provided that it is not in the visibility zone, and in this case the pedestrian is obliged to give way to the motorist, must not leave from behind standing cars and is responsible for failure to fulfill the obligation (clause 4.3),
move only on sidewalks and pedestrian paths, if there are none - along the side of the road, if there is none - along the edge of the roadway against the direction of traffic and in one row (clause 4.1),
if there is no crossing at the intersection, then you can cross along the line of the sidewalk or path,
if the pedestrian did not have time to cross the road when the light turns green and the light turns red, he is obliged to stop on the dividing line or island, if there is one,
as well as drivers, persons on foot are required to allow special services vehicles with their beacons and sirens on to pass.

The driver's responsibilities are consistent with the rights of the pedestrian to prevent a collision with the latter, and they are as follows:

give way to pedestrians at the crossing,
give way everywhere to pedestrians with a white cane in their hand (which signals that the traffic participant is blind),
allow the pedestrian to complete the crossing if the red light comes on to do so,
When turning, do not interfere with pedestrians.

The most important subtlety of an accident involving a pedestrian is that the driver in this case bears 2 types of liability: administrative for traffic violations and civil for harm caused to the pedestrian. Likewise, a pedestrian is obliged to compensate for damage if he is at fault in an accident, and is also subject to a fine or criminal charges, depending on the consequences of the collision.

The most common causes of accidents due to the fault of a pedestrian:

Crossing the road in the wrong place;
Crossing the road at a pedestrian crossing at a red traffic light.

Pedestrians very often violate traffic rules related to crossing the roadway, and according to statistics, the number of accidents involving pedestrians increases sharply in conditions of poor visibility - at night, in heavy rain, fog or snowfall. That is, in conditions where it is extremely difficult to notice a pedestrian without reflective elements on clothing. Often such traffic violations occur due to haste, the desire to catch up with departing public transport, force of habit, or simple ignorance of the rules. There are also fines for violations of traffic rules by pedestrians, but this does not greatly affect the overall picture.

Accident with a pedestrian - what to do?

First of all, fulfill all the duties provided for in paragraphs 2.5-2.6.1 of the traffic rules:

put up an emergency stop sign,
turn on the emergency lights,
call the traffic police.

This is especially important if it seems to you that the collision with the pedestrian was very light, there is no harm, and the pedestrian participant in the traffic himself confirms this and has no complaints.

In 2021, there are surprisingly frequent cases when a pedestrian, who had no complaints or injuries in an accident, then goes to the emergency room and records harm to health. If the traffic police were not called to the scene of the accident, then the driver will be deprived of his license under Part 2 of Article 12.27 of the Administrative Code.

Features of registration of an accident with a pedestrian in the traffic police

Since, as you will see below, an accident with a pedestrian does not bode well for a driver, you should approach the registration of an accident very scrupulously. Carefully read the documents drawn up by the traffic police officer at the scene of the accident.

Typically, the driver from the scene of an accident should appear at the traffic police department to give written explanations. Before giving explanations, it would not be superfluous to consult a lawyer about the nuances of the accident, because the degree of guilt of the driver and pedestrian in the accident will depend on them. If there are witnesses to the accident, this fact should be reflected in the explanation. The explanation must contain a complete picture of the accident: the nature and direction of movement of the pedestrian and vehicle, weather conditions, road signs and markings. Here in the explanation you can apply for a call to interview eyewitnesses of the accident in accordance with Part 2 of Art. 26.2 Code of Administrative Offenses of the Russian Federation. If you understand that you urgently need legal assistance (for example, new circumstances have emerged), you always have the opportunity to petition in writing to postpone the consideration of the administrative case for one day due to the need to involve a defense attorney in the case.

The question is often asked: what happens if you hit a pedestrian at a pedestrian crossing or outside the crossing? Is there liability if the driver is not at fault?

Below we will consider the responsibility of the driver in the event that he is guilty of an accident, and if he did not violate the traffic rules.

Driver's administrative responsibility

It occurs both in the case of an accident due to the driver’s fault, and in the absence of consequences of the violation.

No accidents

For a simple violation - failure to allow a pedestrian to pass - the driver will face liability under Article 12.18 of the Administrative Code with a fine of 1,500 to 2,500 rubles.

This is the case when there was no accident involving a collision with a pedestrian - if the driver did not give way:

at a crossing - the most common situation when the driver is liable in the form of a fine for a pedestrian,
when turning at an intersection,
when turning into adjacent territory,
in all other cases when walking has the right of way.

Judicial practice in challenging a fine for a pedestrian.

If there is an accident involving a pedestrian

Here we are considering a case where the driver is at fault, and the pedestrian was injured, but not killed. And there are already two punishments for this offense, depending on what health consequences the accident led to:

if, as a result of a collision with a pedestrian, he suffered minor harm to health, then a fine of 2500-5000 rubles or deprivation of rights for a period of one to one and a half years,
if the damage is moderate due to the driver’s fault, the fine increases to 10-25 thousand rubles, and the term of imprisonment is up to 1.5-2 years.

How to distinguish the degree of harm as a result of an accident with an injured pedestrian is regulated rather chaotically by the notes to Article 12.24 of the Code of Administrative Offenses:

1. Minor harm to health should be understood as a short-term health disorder or minor permanent loss of general ability to work. 2. Infliction of moderate harm to health should be understood as a non-life-threatening long-term health disorder or a significant permanent loss of general ability to work by less than one third.

All decisions, rulings and rulings of the practice of the Supreme Court of Russia under Article 12.24.

Administrative responsibility

Occurs if a specific accident falls under the characteristics set out in the relevant article of the Code of Administrative Offenses of the Russian Federation. Occurs when traffic rules are violated, when no serious harm was caused. Chapter 12 of the Code of Administrative Offenses of the Russian Federation Administrative offenses in the field of road traffic reveals in detail all the articles for which administrative punishment occurs. How can it be expressed?

There are several types of it:

1. Causing minor harm to the health of the victim shall entail the imposition of an administrative fine in the amount of two thousand five hundred to five thousand rubles or deprivation of the right to drive vehicles for a period of one to one and a half years.

2. Causing moderate harm to the health of the victim shall entail the imposition of an administrative fine in the amount of ten thousand to twenty-five thousand rubles or deprivation of the right to drive vehicles for a period of one and a half to two years.

Article 12.24 of the Code of Administrative Offenses of the Russian Federation.

Particular attention should be paid to articles 12.18, 12.29 and 12.30 of the Administrative Code, which directly regulate legal relations related to pedestrians.

Criminal liability

The Criminal Code of the Russian Federation is applied in cases where a pedestrian has suffered severe injuries or resulted in his death. But, despite only 2 gradations, there are much more punishments.

In the event of a fatal accident with a pedestrian, the driver’s liability in 2021 increases severalfold - both in the quality and in the number of possible articles applied.

if a pedestrian is seriously harmed, but the motorist faces Part 1 of Article 264 of the Criminal Code,
if the driver was drunk, then the punishment is even harsher - under Part 2 of the same article,
Part 3 awaits the driver if the accident resulted in death,
part 4 – if the motorist was intoxicated during the accident and caused death at a pedestrian crossing or in other places where the pedestrian participant was in the right according to the traffic rules,
part 5 – if a sober motorist hit 2 or more people,
part 6 – if a drunk driver hit 2 or more people,
Part 1 of Article 111 of the Criminal Code - if the car owner hit a pedestrian intentionally and caused him (according to the results of the examination) serious harm to health,
part 4 art. 111 of the Criminal Code for a similar intentional collision with a pedestrian, and as a result of the accident he died.

Judicial practice of the Supreme Court of the Russian Federation under Articles 264 of the Criminal Code and 111 of the Criminal Code.

Accident with a pedestrian: compensation for damage to a car

A situation is possible when a pedestrian grossly violates traffic rules, and as a result of his actions, a car is damaged. If the culprit of the accident is a pedestrian, the driver is relieved of administrative liability, and his insurer compensates for the damage to the pedestrian. But the question arises: in this case, does the car owner or his insurance company have the right to demand compensation from the pedestrian for expenses for car repairs?

In the case of a pedestrian accident, compensation for damage to a car was not so long ago a rather difficult task for judges. However, several years ago a precedent was created for such litigation (definition of the Constitutional Court of the Russian Federation of October 4, 2012 N 1833-O).

Briefly, the details of this case are as follows. A minor girl ran across the road in the wrong place and was hit by a car, receiving injuries. The money for her treatment was paid by the car owner's insurer. The car, insured under CASCO, was repaired at the expense of the insurance company.

Since the girl was found to be at fault for the accident, the insurance company decided to recover from her parents an amount that would compensate for her losses as a result of insurance payments. After consideration of the case by courts of various instances, the final decision was made by the Supreme Court, which satisfied the claim of the insurance company and recovered money from the parents of the person responsible for the accident. This precedent makes it possible to hold undisciplined pedestrians financially responsible for causing damage to the property of car owners.

Does OSAGO compensate a pedestrian?

Yes. The vehicle insurance is designed to protect the driver from liability to other road users. And this is not limited to compensation for damages under compulsory motor liability insurance when causing damage to other cars.

In particular, OSAGO works in the following situations:

if you hit a pedestrian and got him dirty, his clothes were torn, his phone was broken, and so on, then the pedestrian’s insurance will compensate for property damage within the established limit of 400 thousand rubles,
if, as a result of a collision with a pedestrian, he is killed or harm is caused to his health, then OSAGO will compensate for this harm; the limit is already 500,000 rubles,
and even if the driver fled the scene of the accident, then according to the auto civil law the pedestrian is subject to compensation in the form of a compensation payment; basis – paragraph 1 of Article 18 of the Federal Law “On Compulsory Motor Liability Insurance”.

And even more unexpected - even if the pedestrian is at fault, he will still be able to receive compensation from the car owner's insurance. But we’ll talk about this possibility a little lower – in terms of civil liability.

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Why was the driver punished?

In recent days, Ukrainians have been actively discussing the Supreme Court verdict against the driver who killed a pedestrian while he was crossing the road at a red traffic light. The driver was found guilty. This decision was preceded by a lengthy consideration of the case in other courts. Let's look at this matter from the very beginning.

Worth reading: How to prepare for traffic tests in quarantine

The court of first instance acquitted this would-be driver. Although the pedestrian died as a result of the collision. But the Kyiv Court of Appeal found the driver guilty. And the Criminal Court of Cassation did not agree with the arguments of the defense lawyer, who argued the following: the illegality of the actions of the injured pedestrian excludes the guilt of the convicted person. In its decision, the Court of Appeal referred to an analysis of the opinion of an expert auto technician. After analyzing the situation, he noticed that in that traffic situation the driver had the technical ability to avoid hitting a pedestrian by applying emergency braking . Instead, the driver gave emergency stop signals and then moved into the right lane.

You need to look both ways carefully before crossing the road / Photo 24 channel

Of course, due to a gross violation of traffic rules, the victim created a danger to traffic, but the driver was obliged to comply with them. Therefore, the driver’s sentence of 3 years of suspended imprisonment and deprivation of the right to drive for a year remained in force.

Commenting on this decision, Candidate of Legal Sciences Vasily Miroshnichenko notes that it does not change the general criminal practice that existed in such cases.

Drivers could previously be convicted for causing an accident, even in the case of a gross violation of the rules by a pedestrian. For example, a pedestrian crossed the street in prohibited places or a road where there is no pedestrian crossing, but there is an underground one. The situations are different, but this incident did not create a revolution, convinces Vasily Miroshnichenko.

Administrative responsibility of a pedestrian

Of course, pedestrians also bear joint liability if they violate traffic rules. But, unlike the driver, the fines for those on foot are much lower:

500 rubles or a warning for any traffic violation without consequences in the form of an accident (12.29 Code of Administrative Offenses),
if such a violation created interference in traffic – 1000 rubles (Part 1 of Article 12.30),
if the result is a traffic accident causing minor or moderate harm to health - 1000-1500 rubles (Part 2 of the same article).

Can they be detained?

Yes. And the reason for this is that the pedestrian does not have an identity document. There are also other grounds, but they are used much less frequently.

Criminal liability of a pedestrian

It occurs in cases where, due to the fault of a pedestrian, an accident occurred - it does not matter whether it involved a collision with him or he simply created an obstacle, as a result of which, for example, other vehicles collided, where people suffered serious harm to health or death.

And this issue is regulated by 2 articles of the Criminal Code:

if a person died in an accident due to the fault of a pedestrian, then Part 1 of Article 109 of the Criminal Code applies - causing death by negligence,
in case of 2 or more deaths, where the culprit is a pedestrian, part 3 of the same article applies,
for grievous harm there will be Article 118, Part 1 of the Criminal Code.

Judicial practice of the Supreme Court, where cases involving pedestrians charged with Article 109 or Article 118 were considered.

Pedestrian civil liability

As we have already indicated above, in addition to administrative and criminal, which are applied as punishment to road users by the state, there is also civil liability. It is expressed in compensation for damage to health, property and moral harm to the person to whom such damage was caused.

And in case of an accident involving pedestrians, where the culprit is a pedestrian participant, this person bears full responsibility. For example, if a person is hit by a car in the wrong place, then the pedestrian is responsible for damage to the car - dented body parts. The law is harsh, but it is the law of 2021!

If he disappeared

The main thing is that the pedestrian does not run away, because it is very difficult to identify him, unlike vehicles that have license plates. Consequently, in the event of an accident with a pedestrian, where he fled the scene, there is practically no chance of finding him.

In any case, it is your duty to call the traffic police, who, upon the fact of hiding, are obliged to initiate a case to find the culprit.

Judicial practice regarding pedestrians who fled the scene of an accident.

If drunk

In this case, for the injured driver, the consequences of compensation for harm from the pedestrian are no different than if he were sober. But for the latter, administrative (fine instead of warning) or criminal liability (imprisonment instead of a fine, as an example) will be harsher, since intoxication is undoubtedly an aggravating circumstance in an accident.

And the traffic police should be called in this case, even more so. The fact is that possible harm to health if a pedestrian is drunk may not be at all obvious - he simply does not feel pain when intoxicated, for example. And given that a pedestrian is a potential culprit of a traffic accident, it becomes especially important to record all the circumstances of the accident in a timely manner.

Judicial practice in 2021 regarding pedestrians causing accidents while intoxicated.

Can a driver apply for compulsory motor liability insurance?

No. As we have already described above, the driver’s motor third-party liability is insured under OSAGO. Not property, but responsibility. Therefore, this type of insurance covers damage caused by the car owner to a third party, and the property is insured by Casco. If you have such a policy, then you can certainly apply for it.

Civil responsibility

The most common type, it is also the softest.

1. Harm caused to the person or property of a citizen, as well as harm caused to the property of a legal entity, is subject to compensation in full by the person who caused the harm.

By law, the obligation to compensate for harm may be imposed on a person who is not the cause of harm.

The law or contract may establish the obligation of the harm-doer to pay compensation to the victims in excess of compensation for harm. The law may establish the obligation of a person who is not the causer of harm to pay compensation to victims in excess of compensation for harm.

2. The person who caused the harm is released from compensation for harm if he proves that the harm was not caused through his fault. The law may provide for compensation for harm even in the absence of the fault of the harm-doer.

Parts 1 and 2 art. 1064 of the Civil Code of the Russian Federation.

The harm can be material, moral or physical; most often, compensation is paid in excess of the assigned amount, but only after an appropriate court decision. OSAGO is often paid.

Compensation for moral damage is carried out:

If a citizen has suffered moral harm (physical or moral suffering) by actions that violate his personal non-property rights or encroach on intangible benefits belonging to the citizen, as well as in other cases provided for by law, the court may impose on the violator the obligation of monetary compensation for the specified harm.

When determining the amount of compensation for moral damage, the court takes into account the degree of guilt of the offender and other circumstances worthy of attention. The court must also take into account the degree of physical and moral suffering associated with the individual characteristics of the citizen who suffered harm.

Art. 151 Civil Code of the Russian Federation.

Driver's civil liability

It similarly consists of compensation for damage caused to property, life or health of a pedestrian, and in cases where the driver is entirely at fault for the accident, everything is very clear. But there is one important subtlety when the driver is obliged to compensate for the harm to the pedestrian if the former is innocent.

Article 1064 of the Civil Code prescribes compensation for harm specifically to the person causing the harm, but there is also Article 1079 in the Civil Code of the Russian Federation, which establishes the obligation of such compensation in the event that there is no fault of the person at all. This is a source of increased danger.

Owning a car, as well as driving it, is the use of IPO. And there are exceptions to refunds. The obligation of the IPO owner to pay the pedestrian ends in 2 cases:

the collision with the pedestrian occurred as a result of the latter’s intent, and this is a fact proven in court,
the harm occurred due to force majeure.

If several cars and a pedestrian were involved in an accident, then the drivers, as owners of the IPO, bear joint and equal responsibility (Part 3 of Article 1079 of the Civil Code).

We will consider the details of this subtlety below in situations.

Judicial practice under Article 1079 of the Civil Code of the Russian Federation.

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If the driver is not guilty, but the pedestrian is guilty

Thus, in this case, in standard situations, the following distribution of responsibilities of the parties to the accident occurs:

the pedestrian, since he is at fault for the accident, compensates for property and other damage to the driver under Article 1064 of the Civil Code,
the driver also compensates for any harm to the pedestrian on the basis of Article 1079 of the Civil Code as the owner of the IPO.

Does MTPL cover damages under IPO?

Yes. Since the driver’s liability is insured, damage to a pedestrian in an accident is compensated by insurance. The pedestrian participant, as the culprit, pays the driver from his own pocket.

At the same time, the driver, of course, will not receive payment for his own car under compulsory motor liability insurance - only a pedestrian has such a right.

And this is the very illogical, at first glance, case when, even if the driver is not at fault in the incident, his responsibility comes (at the same time, there is no punishment), and his BMI increases if the pedestrian applies for damage compensation.

In addition, please note that, according to judicial practice, also due to the possession of an IPO, damages are compensated not only in an accident between a driver-pedestrian, but also a driver-cyclist and a cyclist-pedestrian.

If the motorist fled

In cases where, in an accident involving a collision with a pedestrian, the driver of the car fled the scene of the accident, then even if the guilt of the pedestrian participant is confirmed, the damage is also subject to compensation under the IPO. However, it is no longer paid by the driver, but by the owner of the vehicle.

The fact is that 1079 Civil Code speaks specifically about the owner of the car. And if the driver is not identified, the owner is the owner.

Judicial practice on compensation under the IPO if the driver fled the scene of an accident.

Responsibility of a pedestrian and driver in an accident

Lawyer Gorobets Igor Yurievich

Call now and get a preliminary consultation:

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1) What responsibility should she bear and what responsibility should the driver bear?

When determining the degree of responsibility of participants in an accident, law enforcement officials will be guided by the following points:

the degree of harm to the pedestrian’s health, which is established by a medical examination;
identifying the direct culprit of the accident.

If a medical examination establishes that grievous bodily harm has been caused, law enforcement officials will consider the possibility of bringing the driver to criminal liability.

If the driver is found to be at fault for the accident, the pedestrian will have the right to demand compensation from the driver (his insurance company or the driver himself) for material damage, that is, expenses for treatment, medications, operations, etc.

In any case, your parent, as a victim of an accident, in accordance with Art. 151, 1100 of the Civil Code of the Russian Federation has the right to compensation for moral damage by the causer of harm in full, regardless of his guilt.

If law enforcement officials establish that the direct culprit of the accident is a pedestrian, then he may incur administrative liability in accordance with the Code of Administrative Offenses of the Russian Federation.

In this case, if the driver applies to the judicial authorities for compensation for damage caused to his car, then your parent may be required to reimburse the driver’s costs for restorative repairs of the damaged car.

2) Who determines the amount of damage caused to the vehicle?

The cost of restoration of a car involved in an accident will be determined after an inspection carried out by independent appraisers.

3) The traffic police demand that you come and write an explanatory note about where the accident happened, she worked there and it happened in another city 200 km away, is it possible to write an explanatory note at her place of registration, she cannot move?

Explanations from a pedestrian involved in an accident can be sent by mail from your place of residence to the traffic police department that handled the registration of the accident.

4) A statement regarding moral damages, should it be written where the accident occurred or can it be done at the place of registration of the victim?

Statement of claim for compensation for moral damage, in accordance with Art. 29 of the Civil Procedure Code of the Russian Federation, you can submit it both to the place of residence of the defendant and to the place of residence of your parent.

For a full consultation on this issue, we recommend that you contact the reception office of lawyer Sergei Sergeevich Ivlev at the address: Orenburg, st. Shevchenko, 20 V, office 414, phone 8-912-343-72-22.

Attention! The information provided in the article is current at the time of publication.

Forensic examination of an injured pedestrian

Typically, accidents involving pedestrians, where they were injured, last quite a long time - up to 1 year. The reason for this is the fact that the harm caused to their health has been established. The same situation occurs in accidents involving only cars, it’s just that in such cases there are fewer victims, so for an accident with a collision with a pedestrian this becomes more relevant.

The duration of the administrative investigation here directly correlates with the lengthy process of ascertaining injuries and their extent. As a result, the driver is given a certain punishment if he is guilty.

But even a pedestrian under compulsory motor liability insurance will not be able to receive compensation from the driver until the completion of the forensic medical examination and a decision on the liability of the motorist.