Accident involving a pedestrian
According to these rules, the fact of a collision with a pedestrian is confirmed only when a mechanical vehicle collides with a person, as a result of which one or both parties to the accident receive moral or material damage. Moreover, in this case, even the most minor injuries are taken into account, such as a dislocated limb, scratch, cut, hematoma, etc.
A tragedy can occur on a zebra crossing, sidewalk, controlled intersection, or in a roadway area where pedestrian traffic is strictly prohibited. The difference is that in the first two cases, the blame will be undeniably placed on the driver, while the third and fourth options involve a more detailed consideration of the situation. We will find out further what a motorist faces for an accident at a pedestrian crossing, including a fatal one.
Statistical data
If we look at the statistics for 2016-17, we can draw disappointing conclusions:
- Traffic police inspectors recorded 38.5 thousand collisions of vehicles with pedestrians, 4.5 thousand of them resulted in death, the rest of the citizens suffered damage to their health.
- Inattentive and careless vehicle owners also hit pedestrians through their own fault. By leaving the roadway, such drivers caused damage to the health of 12 thousand citizens, resulting in 780 deaths.
- More than 13 thousand incidents occurred in the dark, about 12 thousand citizens suffered health damage in these cases, and 2,780 citizens died.
- There were about 21 thousand accidents in which the owner of the vehicle was the culprit. In these situations, the cause of the accident was the inability to control the car (including driving while drunk). About 20 thousand people escaped with damage to their health, 1890 died.
Every year there are changes in statistics, the nature of which becomes positive in an increasing number of cases.
However, such changes do not mean that vigilance can be relaxed, because this directly concerns the life and health of citizens. Drunk driving or crossing the highway while intoxicated can cause tragedy. Keep in mind that statistics may not reflect the true situation on the road. It is vital for both drivers and pedestrians to be careful and careful.
Car owners are advised to check their cars more often for problems, and pedestrians comply with the traffic standards on the roadway, since they are written not only for vehicle owners. Judging by statistics, approximately 1/10 of the pedestrians involved in an accident die, the rest suffer damage to their health.
Main causes of incidents
In total, the State Traffic Inspectorate of the Russian Federation identifies three groups of factors in which accidents involving pedestrians occur:
- Driver inattention;
- Carelessness of pedestrian traffic participants;
- Improper organization of the road section (lack of markings, limited visibility of signs, etc.).
Attention! Depending on the listed reasons for hitting a person, traffic police officers determine the degree of responsibility for each of the parties to the conflict.
When the driver is at fault
In order for a driver to fully take responsibility for an accident on a pedestrian crossing or sidewalk, the following circumstances must precede the incident:
- Failure to comply with the speed limit;
- Technical malfunction of the vehicle;
- Inattentiveness of the motorist (talking on the phone, with a passenger, etc.);
- Ignoring traffic rules (overtaking a vehicle standing in front of a zebra crossing, crossing a red light, driving off the road, etc.).
But situations cannot be ruled out when the pedestrian himself is the culprit for an accident at a zebra crossing. Therefore, it is very important not to take premature responsibility, and not to hide from the scene of the incident until the traffic police inspectors arrive.
When is the pedestrian at fault?
Based on many years of practice, the State Traffic Inspectorate of the Russian Federation can identify the following causes of accidents due to the fault of a pedestrian:
- Crossing a controlled intersection at a prohibitory traffic light;
- Abrupt appearance at a zebra crossing (according to these rules, a person must step onto the crossing at an exclusively calm pace);
- An attempt to cross to the opposite part of the road in a place not intended for this purpose.
It is important to know! Just like the motorist, the injured citizen will be responsible for the damage he caused to the movable property of the second party to the conflict. Witnesses, surveillance cameras or a banal video recorder will help the driver prove the pedestrian’s guilt.
Possible causes of accidents caused by a pedestrian
Experts analyze the causes leading to accidents. Thus, it was found that accidents with a pedestrian occur quite often and in most cases are due to his own fault. Our citizens cross the road where it is convenient for them. Some believe that drivers are always obliged to let people pass, others are guided by the priority right on the road, which is stated in the traffic rules. But do not forget that cars have different technical characteristics, and it is not always possible to brake sharply.
According to state traffic inspectors, the causes of accidents due to the fault of pedestrians themselves are as follows:
- ignorance and unwillingness to follow traffic rules on the road;
- crossing the highway at a red light;
- attempts to catch up with a departing minibus;
- lack of reflective elements on outerwear;
- going out on the road in a state of intoxication after drinking alcoholic beverages;
- awkward movement resulting in falling under the wheels of a moving car.
Let's take a closer look at common situations when a pedestrian is to blame for an accident.
Traffic violation
There are frequent cases when citizens do not want to look for the nearest crossing or they do not have time for this. In a hurry, they cross the road in the most convenient place in front of nearby traffic.
If a pedestrian does not have time to overcome a section of the road, and the driver does not have time to react in time and press the brake, as a result, everything can end in disaster. In winter, on slippery roads, the braking distance of vehicles increases and the risk of a collision increases.
In second place are situations when citizens run across the road at a red light. They don't have the patience to wait for the light to turn green. They start driving along the zebra crossing, but suddenly a car comes around the bend at high speed. A collision with him will be inevitable. Children, whose parents have not taught them how to behave on the road, run out onto the roadway, completely unaware of their actions.
Some pensioners do not know traffic rules at all; they are accustomed to living in a time when cars passed on the road once a day, or even a week. During repair work, workers usually move the location of the zebra crossing, and people, out of habit, continue to walk in the same place, which can be dangerous.
Trying not to be late for work, people run along the roadway behind minibuses or trolleybuses, and then suffer from their increased activity.
A pedestrian getting into an accident occurs due to inattention; citizens simply do not look around when they are about to cross the road. Most people, when approaching a crossing, do not try to make sure that all vehicles have stopped at the traffic light and are letting people pass. Sometimes cars moving behind or to the side do not stop traffic, and as a result, a person gets run over.
Night time
At night, road accidents most often occur due to the fact that people do not use additional protective equipment. Their clothes do not have reflective elements that improve the visibility of a pedestrian on the road from the driver's side. The visibility distance of a walking person, if he has light-reflecting elements on his trousers and jacket, increases to 400 meters.
In winter, it gets dark outside early, so the danger of being run over by a car increases significantly. A person in black clothes becomes visible to drivers only at a distance of three meters. They will not be able to brake sharply. Pedestrians do not want to put themselves in the driver’s seat, for whom it can be much more difficult to navigate and control the situation on the road at night.
Other situations
Citizens under the influence of alcohol often die in road accidents because they cannot adequately perceive what is happening around them.
Road accidents also occur when a person falls under the wheels of a car moving at high speed. Those who cross the road in places where traffic moves at speeds of up to 100 km/h also risk their own health. Even having noticed a person walking at a great distance, the driver in such conditions will not be able to stop the car in time. In addition, a dozen more cars are moving behind his car at the same high speed.
These are the main causes of accidents involving pedestrians. Today, there are several dozen reasons for the occurrence of road accidents. Both drivers and road users who travel on foot make mistakes. The situation is aggravated by unfavorable weather conditions and the technical condition of vehicles. Sometimes the causes of accidents are third-party factors, for example, failure of the car's brake system.
A faulty car refers to a number of random factors, although the traffic police inspector who arrived at the scene of the accident may think differently. The driver did not take care of the maintenance and repair of his car on time, which means he is to blame.
Statistical data
Statistics for the past 2021 and the end of 2021 are as follows:
- State traffic inspectors recorded a total of 38,500 contacts between pedestrians and cars, of which 4,567 cases were fatal, and 35,687 people received injuries of varying severity.
- There have been frequent cases of harm to people by careless drivers driving directly onto sidewalks and roadsides, trying to overtake the traffic in front. Statistics indicate 12,250 such incidents, in which 780 people died and 12,234 citizens were seriously injured.
- In poor visibility conditions, 13,870 collisions occurred, resulting in 11,870 injuries and 2,780 deaths.
- 20,877 road accidents were recorded due to the fault of a driver who was driving a vehicle and lost control (often while intoxicated), 20,100 people were injured, and 1,890 lost their lives. Unfortunately, car owners, while driving, allow the speed of movement within the city to exceed, without reducing engine speed before pedestrian crossings.
Statistics change every year, but generally the dynamics of accidents is negative; car accidents caused by pedestrians are becoming less common. But this doesn't mean you can relax. The level of road accidents continues to remain high. Positive changes are insignificant, and the scales can tip in the opposite direction at any moment.
Drinking alcohol and ignorance of traffic rules inevitably lead to accidents. Here are the official traffic police data for Russia.
It should be noted that the information provided by statisticians does not always objectively reflect the situation. You should always be attentive and vigilant, especially on the roadway. This will help you avoid difficult and deadly situations. You need to take care of your safety in advance and first understand the causes of incidents.
Approximately 10% of people involved in road accidents die, that is, every tenth person loses their life. The remaining 90%, finding themselves under the wheels, feel no better and receive injuries and injuries, sometimes leading to disability.
Types of damage
In accordance with the legislation of the Russian Federation, all damage received by people in road accidents is divided into two main groups: moral and material. It applies to both sides of the conflict. For example, if the injured person is a pedestrian, then he can present the following claims for compensation to the culprit of the accident:
- Full reimbursement of funds spent on treatment, damaged clothing and accessories, which is equivalent to material assets;
- Additional benefits due to stress suffered (one of the types of moral damage).
The same applies to a motorist who has received the status of a victim in an accident involving a collision with a pedestrian. But he can demand compensation only if the bodily injuries received by the culprit do not turn out to be fatal for him (in such situations, CASCO insurance is responsible for covering the damage, if one of the parties to the conflict has it).
First actions after hitting a pedestrian
Often, an accident for a pedestrian results in severe bodily injury, which is why, even if the pedestrian is at fault, the motorist has some responsibility for providing him with first aid. This is done as follows:
- After a collision, the vehicle must be completely stopped and immobilized by using the handbrake;
- The driver must try to determine the degree of injury he inflicted on a pedestrian road user;
- If the condition of the injured person is moderate or serious, then an ambulance must be called to the scene of the incident (a citizen can record minor damage to health at the sanitary inspection station);
- If you have a first aid kit and certain medical skills, the driver is obliged to provide first aid to the injured person (stop the bleeding, perform artificial respiration, etc.);
- State Traffic Inspectorate officers are called to the scene of the accident (before the police arrive, it is advisable to find several witnesses to the accident and record their personal information, since eyewitness testimony can become a key factor in determining guilt in court);
- If there is time left, before the arrival of the traffic police officers, the motorist can independently install emergency signs in the area where the braking distance begins (this will speed up the process of carrying out the examination by traffic police inspectors);
- If possible, the scene of the traffic accident should be recorded in a photo or video;
- As a last resort, the driver can call a lawyer to avoid a possible escalation of the situation.
Attention! At the same time, the car owner is strictly prohibited from leaving the accident area, moving the vehicle until traffic police inspectors arrive, or removing debris from the roadway. After all, when drawing up a protocol, all this will be taken as evidence, the damage of which is fraught for a citizen with an impressive fine or deprivation of rights for a period of up to 1.5 years (Article 12.27 of the Administrative Code).
How is the culprit determined?
Upon arrival at the site where the traffic accident occurred, State Traffic Inspectorate employees conduct a thorough inspection of the area in order to determine the pattern of the accident. It takes into account:
- Length of the car braking distance;
- The position of the hit pedestrian on the roadway;
- Availability of signs and operability of traffic lights (if the accident occurred at a crossing);
- Technical condition of the vehicle;
- Viewing angle and visibility range.
But such an examination is not capable of establishing one hundred percent guilt in a fatal accident with a pedestrian. Therefore, traffic police inspectors are additionally required to study the testimony of witnesses to the accident, as well as materials from video recorders or surveillance cameras located in the incident area. And only after a thorough check can the court finally determine the culprit of the accident, imposing an administrative or criminal penalty on him.
Procedure for bringing to responsibility
If the traffic police inspector finds the driver guilty on the spot, then he is issued a ruling based on the incident, which can be appealed within 10 days. After this period, in the absence of counterclaims on his part, the case of a collision with a pedestrian is transferred to the court, where a further measure of punishment for the motorist is chosen (criminal, administrative or civil).
It is important to know! The situation is significantly aggravated if the person at fault is drunk at the time of the accident or flees the scene of the accident. Indeed, in this case, the traffic police will be forced to put the fugitive on the wanted list and carry out forced detention without the possibility of challenging the court verdict.
The same applies to a pedestrian who has received the status of an initiator of an accident. But bringing him to justice if he escapes from the scene of an accident will be much more difficult. It’s another matter if the victim leaves the traffic conflict zone under the influence of a state of shock. After all, then he will be able to write a statement against the driver who hit her to the traffic police the next day, thereby provoking an investigation, but without witnesses and a preliminary examination.
Therefore, if you get into an accident due to the fault of a pedestrian, the motorist is strongly recommended to remain on the spot until the State Traffic Inspectorate arrives, and carry out the procedure for registering the accident in accordance with all the rules (including inspecting the scene of the accident and searching for eyewitnesses). Otherwise, the driver risks being held liable for the unknown fact of hitting a person in the absence of evidence to the contrary.
Actions of a driver in an accident with a pedestrian
Recommendations for what a driver should do in the event of a collision with a pedestrian depend on the circumstances of the incident. Let's consider each of the options in more detail.
Due to the driver's fault
If a person driving hits a pedestrian, the main thing in this case is not to panic. Any situation can be resolved, and with the right approach, liability can be minimized. The algorithm of actions is as follows:
- We stop without delay and turn on the emergency lights.
- We put up an emergency stop sign to warn other drivers about the current situation.
- We quickly get out of the car and examine the condition of the victim.
- If the person does not move, we check his pulse in the area of the carotid artery. It is a big plus if you have first aid skills.
- We call an ambulance, and then the police.
- We contact friends and relatives to quickly find an experienced lawyer who will help resolve the situation. It is advisable that a specialist also go to the scene of the accident. As a last resort, you need to talk to him over the phone and discuss further actions.
- In the event of a fatal accident, you are prohibited from giving a statement before meeting with an attorney. This is especially true because the driver is in a state of shock. Under such circumstances, you can say a lot of unnecessary things, which will aggravate the punishment.
Due to the pedestrian's fault
Another situation is possible when the culprit of the incident is the other party to the accident. It happens that a passerby gets into an accident due to a traffic violation, is not injured, and runs away from the scene of the accident so as not to be responsible for the damaged vehicle. In such a situation, it is necessary to take measures to stop the participant in the events. After this, we call the traffic police.
The legislation of the Russian Federation provides for a clause that also implies the responsibility of a pedestrian for creating an emergency situation. This is especially true if, as a result of a traffic violation, the driver’s property or health was damaged. If the investigation proves that the driver did not violate the speed limit, and the testimony of witnesses confirms the pedestrian’s inappropriate actions, the law will support the person behind the wheel. In this case, it is the latter who will bear responsibility in the event of an accident involving a pedestrian. It is worth noting that judicial practice in this matter is ambiguous, so you should not count on a complete removal of guilt when a pedestrian violates traffic rules. It will be possible to escape punishment if a person deliberately throws himself under the wheels, and this can be proven. In other situations, problems await the driver.
Penalties
The degree of responsibility for creating a critical situation on the road depends on the severity of the case. As mentioned earlier, pedestrian accidents can be assessed under three main codes:
- Criminal;
- Administrative;
- Civil.
Attention! The listed acts usually come into effect in pairs, which only aggravates the punishment for the guilty party. What specific sentence a driver and pedestrian can expect for creating an emergency situation (including one resulting in death) will be discussed below in the article.
Pedestrian
Within the framework of the administrative code, for a banal violation of traffic rules, a pedestrian can only face a fine of 1,000 to 1,500 rubles (depending on the clause of the rules that he ignored). But criminal punishment will await a person only if he, by his appearance on the road, provoked a serious accident with the following consequences:
- The driver received severe or moderate injuries - for such an offense the Criminal Code of the Russian Federation provides for up to 2 years of imprisonment;
- While trying to avoid a collision with a pedestrian, the driver got into a serious accident, as a result of which one citizen died - this violation entails liability in the form of prison for up to 4 years;
- More than two people died in an accident - for such a crime the perpetrator of the incident faces up to 7 years in prison.
In addition to the two listed codes, the Civil Code of the Russian Federation also comes into play, according to which the initiator of an accident is obliged to cover the damage caused to third parties. This could be: payment for vehicle repairs, compensation for moral damage, return of money spent on treatment and further rehabilitation, etc.
To the driver
If the driver who ran over a pedestrian caused minimal harm to his health, then this kind of conflict can be resolved within the framework of the Civil Code, simply by compensating the injured person for moral damage established mutually. But when calling State Traffic Inspectorate employees to the scene of an accident, the motorist will have to suffer a more serious punishment provided for by the Criminal Code or the Code of the Russian Federation. It could be:
- Deprivation of a driver's license for a period of up to 3 years (usually this measure is considered additional and is applied in combination with imprisonment or penalties);
- Arrest for a term of 5 to 7 years (the most severe sentence that occurs in the case of deaths in an accident);
- Up to 48 months of forced labor (a measure for citizens who caused moderate or severe harm to the health of third parties in an accident).
In addition, the driver who hit a pedestrian is obliged to pay him moral and material compensation, in accordance with the Civil Code. Evading responsibility may cause the offender to stay in prison longer.
Pedestrian liability for an accident
In 2021, pedestrian liability for violating traffic rules is low. The maximum fine is 1,000 rubles (Article 12.30 of the Administrative Code).
However, if an accident occurs due to the fault of a pedestrian, causing harm to health, the punishment will be more serious:
- Light or moderate harm to health - a fine of 1,000 - 1,500 rubles (Article 12.30 of the Administrative Code).
- Serious bodily harm is a criminal offense up to imprisonment for up to two years (Article 268 of the Criminal Code of the Russian Federation).
- The death of a person is a criminal offense up to imprisonment for up to four years (Article 268 of the Criminal Code of the Russian Federation).
- The death of two or more people is subject to criminal liability up to imprisonment for up to seven years (Article 268 of the Criminal Code of the Russian Federation).
Please note that a pedestrian may also end up behind bars if they violate traffic rules.
Controversial situations
Damage suffered by a motorist due to the fault of a pedestrian must be compensated exclusively by the culprit of the road accident. But in reality everything is not so simple. After all, if the initiator of the accident received bodily injuries, then in this case Article 1079 of the Civil Code comes into force, which obliges the owner of the vehicle to pay compensation to the victim, even if he is officially assigned the status of a victim of an accident.
Simply put, if a person throws himself under the wheels of a car, the owner of the movable property will have to reimburse him for all the costs of treatment. But in this situation, the motorist is completely exempt from fines and criminal liability, which is provided for by the Criminal Code and the Code of the Russian Federation.
We learned what a driver faces for a fatal accident at a pedestrian crossing, and how you can avoid punishment for hitting a person. In conclusion, it remains to add that it is quite difficult to prove your innocence in such incidents as a driver. Therefore, you need to be extremely careful while driving and try to avoid the problems described above as much as possible.