There was an accident, an emergency situation due to the fault of a third party: what happens in practice?

Types of liability for road accidents

According to the Legislation, the culprit faces punishment for an accident in the form of:
1, Civil liability . It is also material, which is compensated by the culprit to the victim in any case. This is due to the fact that material losses during any road accident are inevitable, and here we can mention both material damage and moral and physical damage. Additionally, other compensation may be paid in favor of the victim, related, for example, to the lost earnings of the injured party.

2. Administrative responsibility . It is awarded to the culprit of an accident if the victims received only minor injuries, but severe injuries or death were avoided. For this type of liability, there are several types of punishment:

• deprivation of a driver's license for up to 3 years;
• administrative arrest for up to 15 days;
• community service up to 200 hours;
• administrative fine - the amount depends on the type of violation.

3. Criminal liability . It is used in cases where the actions of the person responsible for the accident resulted in severe bodily injury to the victim or death. For such situations, severe methods of punishment are used:

• forced labor for up to 5 years;
• restriction of freedom for up to 3 years - restriction of movement and freedom in certain actions;
• imprisonment for up to 9 years - imprisonment;
• deprivation of rights for up to 3 years.

Features of application:

• Criminal and administrative penalties are strictly individual and only apply to the person responsible for the accident.
• Civil liability applies to all persons. This condition applies in cases where the car was transferred to the person responsible for the accident by proxy or is owned by a legal entity.

The culprit can be punished for an accident with either only civil or combined liability.

Creating a situation that led to an accident

In the practice of the traffic police and from the experience of motorists, there are many cases where an accident was caused by a traffic participant who himself avoided it:

• At the intersection, car L turned right when the traffic light turned green. And he saw that D was coming towards him, having jumped the red light. L swerved sharply to the right and applied the brakes to avoid hitting D. As a result, he drove into the side of car Z, which was moving in the right lane. And the car following him flew into him.

Obviously, the accident was caused by D. But driver L was named guilty, since the inspector considered that he should have taken the blow from D, and not created an emergency situation for other cars. This decision should be appealed in court, since there is a good chance of punishing the real provocateur of the accident.

• Car V is driving along a highway at a speed limit of 80 km/h. He is overtaken by car W, and in the area of ​​effect of a sign prohibiting this maneuver. A third car comes towards him from around the nearest bend. To avoid a collision with him and the truck repairing the roadway, service W abruptly changes to lane V directly in front of him and just as suddenly brakes. Driver V also tries to stop.

But since this happens at a significant speed, and the motorist does not have enough experience, the vehicle flies into a ditch. And W remains intact. In this situation, it would be fair and legal to find his driver guilty. After all, he violated traffic rules, used dangerous driving, which led to an accident.

More on AutoLex.Net:

Causes of an accident during a U-turn and the chances of avoiding it

• Car L is driving along the main road. At the intersection, car D, moving along a secondary path, does not give way to him. Wanting to avoid a collision, L swerves onto the sidewalk and crashes into a tree. And D, who provoked this situation, drives on without slowing down. His driver was found guilty by the court.

But the motorist who provoked the incident stubbornly did not want to agree with this and filed a statement with a higher authority. He believed that he had not participated in the accident at all, and there was nothing to judge him for. In addition, Driver D was charged with leaving the scene of an accident, which he also did not agree to. And yet, another judge confirmed the previous decision on both guilt and the need for punishment for escape.

• Car N jumps through an intersection at a red traffic light. Car Z, which is moving at a green light, brakes sharply, trying to avoid a collision with the intruder. As a result, the following car F crashes into him. In most cases, its driver is found guilty. Although in fact the accident was organized by the one who was driving N. But to prove this, driver F will need a lot of effort and a good lawyer.

Administrative punishment for the culprit for actions in an accident

According to the Code of Administrative Offences, additional penalties are applied to the culprit of a traffic accident; for behavior after an accident, some of the most severe are:

• fled the scene - administrative arrest for 15 days or deprivation of rights from 12 to 18 months;
• giving a bribe to a traffic police officer - from a fine of 15-30 times the bribe received to a fine of 70 times the bribe received and imprisonment for 7-12 years;
• violation of the rules of leaving a vehicle at the scene of an accident without changes until the arrival of a traffic police officer - an administrative fine of 1000 rubles;
• failure to provide first aid to victims - from a fine of less than 40 thousand rubles to imprisonment for up to 1 year;
• committing an accident while under the influence of alcohol, psychotropic or drugs is punishable by a fine of up to 30,000 rubles and deprivation of a driver’s license for 2 years.

The new Code of Administrative Offenses has changed the wording “creating an emergency situation.” What does this mean for drivers?

• 7796
• 13 March 2021, 08:25
• Code of Administrative OffensesBelaruscaraccidentsimportant to know

Photo: TUT.BY
On March 1, a new Code of Administrative Offenses came into force, which, on the one hand, allowed conscientious drivers not to pay a fine for minor violations, but, on the other hand, toughened liability for deliberate blocking of roads, increased fines for reckless drivers, and also introduced deprivation rights for giving a signal during mass events, writes AUTO.TUT.BY. But it turned out that the document also provides for another new opportunity to lose a driver’s license. You can be left without a license even after an accident that seems insignificant at first glance.

Lawyer, Master of Law Pavel Latyshev noted that the concept of “creating an emergency situation” has changed since March 1. Let us remind you that liability for it is provided in the form of a fine from 5 to 20 basic units with deprivation of the right to engage in certain activities for up to 2 years or without deprivation (Part 12 of Article 18.13).

“The Code of Administrative Offenses, which was in force until March 1, 2021, stated that the creation of an emergency situation means the actions of road users that forced other participants to change speed, direction of movement, or take other measures to ensure their own safety or the safety of others,” recalls advocate. “Now the following phrase has been added to it: “as well as causing damage to another vehicle or the property of other road users.” And this phrase can have far-reaching consequences for drivers.

This definition, as noted in the Administrative Code, applies to several articles. This is deliberate blocking of transport communications (Article 18.1), failure to comply with the requirements of traffic control signals, violation of the rules for transporting passengers or other traffic rules (Article 18.13) and violation of traffic rules by pedestrians and other road users (Article 18.20).

— It turns out that now even a small accident in which a vehicle was damaged (for example, a driver hit someone in a parking lot or drove into another car at a traffic light), even if it received minor scratches, can be classified as a violation of the corresponding clause of the traffic rules with the creation emergency situation. This means the driver may lose his license.

How to be? Proceed from the fact that when imposing a penalty, the nature of the offense, the identity of the offender, the consequences and other mitigating or aggravating circumstances must always be taken into account. Therefore, with an objective approach, a conscientious driver who, for example, simply did not keep his distance and caused an accident without injuries, should receive a fine and continue driving further.

It is obvious that, taking into account the innovations, drivers after minor accidents will begin to more actively use the European protocol and drive away without calling the traffic police. Here, we note, there will be no administrative offense (see Note to Chapter 18 of the Administrative Code) and there will be no talk of a fine or deprivation of rights in principle.

// TUT.BY

Fines for road accidents

Let's consider the most frequent and severe fines for road accidents provided for violators. The amounts of all fines can be found in the table of fines.

Provoking an emergency

Fine for creating an emergency on the road (Article 12.14 of the Code of Administrative Offenses of the Russian Federation) - warning or fine of 500 rubles

Road accident with victims

• minor harm to health: fine 2500 - 5000 rubles;
• average harm to health: fine 25,000 - 30,000 rubles and deprivation of rights for 12 - 18 months;
• serious harm to health: from a fine of 2,500 rubles to, deprivation of a driver’s license and imprisonment for up to 7 years.

Failure to keep distance

The fine for failure to keep the distance is 1,500 rubles (Article 12.15 of the Code of Administrative Offenses of the Russian Federation).

Failure to comply with road markings and traffic signs

Amount of punishment for ignoring traffic rules when driving along the road lane and making turns, U-turns and other maneuvers:

• driving along the dividing marking line - a fine of 500 rubles;
• failure to turn on the turn signal when changing lanes or other maneuver - a fine of 500 rubles;
• making a turn or U-turn from a lane not intended for this maneuver - a fine of 1,500 rubles;
• driving in a bus lane - fine 1500 - 3000 rubles;
• driving on bicycle and pedestrian paths - fine 2,500 rubles;
• overtaking a vehicle through a continuous road - a fine of 5,000 rubles or deprivation of rights for up to 6 months.

Aggressive way of control

It is considered criminal behavior to regularly violate driving rules and create an emergency situation on the road. Article 12.38 of the Code of Administrative Offenses of the Russian Federation confirms this. It should be understood that the legislative act is not about a single disregard for traffic rules, but a systematic one. The inspectors made an analysis that allowed them to classify really dangerous maneuvers, which included the following points:

• sudden stop without keeping a distance;
• rebuilding at your own discretion;
• overtaking cars without considering the approach of oncoming traffic;
• access close to the car while driving;
• game of overtaking in heavy traffic;
• failure to maintain lateral distances;
• no concessions to priority transport - ambulances, firefighters;
• increased speed within a city, town, or any populated area;
• disregard for pedestrian crossings.

Fines

It took a long time for the fine for dangerous driving to be approved. There were many meetings at which he either became larger or, on the contrary, smaller. Due to the fact that “dangerous driving” is a very young concept and has not been legalized for long, many changes are still planned to be made to it. Therefore, we recommend that you always check for updates to the Code of Administrative Offenses and avoid violations “out of ignorance.” Ignorance of the law is not an excuse!

We have already mentioned that only a state traffic inspector has the right . In order to make a fair verdict, he will need to familiarize himself with the recordings of video recording cameras (preferably, there should be several of them), with photographs, if any, and also, possibly, interview witnesses and make sure that emergency driving took place. It should be borne in mind that a fine for aggressive driving will be issued to the driver only in case of numerous repetitions of unsafe actions.

At the moment, the established and fixed amount of the fine is five thousand rubles . Do not forget that within a month from the moment the fine comes into force, you can pay it with a 50% discount . Agree, there is a reason to drive more carefully. Let us remind you that the fines for individual violations listed in the first chapter are significantly lower. For example, for violating the rules of changing lanes, you will only need to pay 500 rubles.

A tougher fine, including deprivation of rights and criminal prosecution, is now being considered.