Road accident. Definition of the concept
Road traffic accident is an event that occurred during the movement of a vehicle on the road and with its participation, in which people were killed or injured, vehicles, structures, cargo were damaged, or other material damage was caused (Article 2 of the Federal Law of December 10, 1995 N 196 - Federal Law “On Road Safety”)
The identical definition of the concept of “road accident” is contained in clause 1.2 of the Road Traffic Rules of the Russian Federation, approved by Resolution of the Council of Ministers - Government of the Russian Federation of October 23, 1993 N 1090.
Road traffic accident; (RTA): An event that occurred during the movement of a vehicle on the road and with its participation, in which people were killed or injured, vehicles, structures, cargo were damaged, or other material damage was caused (clause 3.1.2 of the Recommendations for the recording and analysis of road accidents). -transport accidents on highways of the Russian Federation, approved by the order of Rosavtodor dated May 12, 2015 N 853-r).
A road traffic accident (RTA) is an event that occurred during the movement of a vehicle on the road and with its participation, in which people were killed or injured, vehicles, cargo, structures were damaged (lost since May 12, 2015 Rules for accounting and analysis of road traffic -transport accidents on highways of the Russian Federation, approved by the Federal Road Service of Russia on May 29, 1998).
What is a road accident in Belarus definition
1. Accident
— violation of the operation of a spent fuel reprocessing facility, in which there was a release of radioactive substances and (or) ionizing radiation beyond the boundaries provided for by the design for normal operation in quantities exceeding the established limits of safe operation. An accident is characterized by an initiating event, pathways and consequences.
3.1.1 accident
: Malfunction or damage to power equipment or structures, leading to a serious change in the parameters of power supply, heat supply, ventilation and air conditioning, water supply and sanitation of consumers of a subsidiary company (organization) of OAO Gazprom.
Road accident registration by Rosstat
Rosstat Order No. 887 dated December 29, 2017 “On approval of methodological provisions for transport statistics” (this order was not officially published) contains the following provisions:
- Deceased - a person who died at the scene of a traffic accident or died within 30 days after the accident.
- Wounded - a person who received bodily injuries at the scene of a road traffic accident, which led to his hospitalization for a period of at least one day, or the need for outpatient treatment.
State statistical reporting on road traffic accidents includes information only on road traffic accidents in which people were killed or injured.
Road traffic accidents are taken into account according to the following main criteria:
- types (collision, rollover, collision with a standing vehicle, pedestrian, obstacle, cyclist, passenger fall);
- places of commission (in populated areas, on public roads, private roads, toll roads, non-public roads, at railway crossings and other places);
- reasons, the main of which are: violation of traffic rules (including by vehicle drivers), technical malfunction of vehicles and unsatisfactory conditions of maintenance and arrangement of the road network;
- categories of victims (drivers, cyclists, passengers, pedestrians);
- participants in incidents (including those involving pedestrians and children under 16 years of age);
- time of occurrence (days of the week, time of day).
Definition and classification of accidents in traffic rules
- Non-contact road accident . This is a special situation in which the driver caused the accident, but did not collide with anyone. The most common situation is when a driver drives into the oncoming lane, returns, and other cars suddenly change their trajectory and collide.
- Recorded accident . To understand this category of emergency situations, you will need to refer to the conditions for recording incidents, and also remember that special statistical reporting must include road accidents where participants received injuries of varying degrees of severity, or the accident led to the death of people. Only such situations can be classified as accounting. If no people were injured in the accident, it will not be counted.
- Hidden accident . Everything here is clear from the name itself. These are emergency situations in which the person responsible for the accident disappears from the scene without any reason, but solely for the purpose of concealing his involvement in the current situation.
- Collision . This may include a collision of two or more vehicles of varying intensity.
- Rollover . This is a rollover of a vehicle that occurs for various reasons.
- Hit . This could be a collision with a car that is in a static position - on the side of the road or in a residential yard.
- Passenger falls while the car is moving . This may include a fall from the passenger compartment onto the road or onto a pedestrian crossing, as well as a fall of a passenger inside the passenger compartment due to sudden braking or reduced speed.
- Hitting any immovable obstacle - a bridge support, road sign, tree, fence, pole or a specific piece of real estate.
- A collision with a pedestrian is an emergency situation where a person suffers both from the vehicle itself and from the cargo being transported. This could be a brick, box or board that has fallen from a vehicle.
- Various forms of collisions - against an animal, against a horse-drawn vehicle, against a cyclist.
Types of road traffic accidents (RTA) in ODM 218.6.015-2015
In the Industry road methodological document ODM 218.6.015-2015, valid since May 12, 2015, “Recommendations for recording and analysis of road accidents on highways of the Russian Federation,” approved. By order of Rosavtodor dated May 12, 2015 N 853-r, only the following types of accidents are identified:
road traffic accident with victims: An event that occurred during the movement of a vehicle on the road and with its participation, in which at least one person was killed or injured (clause 3.1.3). In this case, a person injured in an accident is understood to be a person who received bodily injuries in an accident that resulted in his hospitalization for a period of at least one day or the need for outpatient treatment (clause 3.1.10). A person who died in an accident is defined as a person who died at the scene of an accident or died from its consequences within the next 30 days.
road traffic accident with particularly grave consequences: A road traffic accident in which 5 or more people died, 10 people or more were injured. (clause 3.1.4).
The previous Rules for accounting and analysis of road accidents on highways of the Russian Federation, approved by the Federal Road Service of Russia on May 29, 1998, contained a more detailed description of a road accident, which differed more favorably from the current Recommendations approved by Rosavtodor on May 12, 2015.
What is a road accident - definition
Deliberate provocations (or auto frame-ups) usually have the goal of getting money from the driver.
Usually, at the scene of an accident, they immediately try to extract funds from the “guilty” party without involving traffic police officers and apply psychological pressure for this purpose. It is best to lock yourself in the car and communicate only through a slightly lowered window. Typical cases of provocation may be, for example, turning on the turn signal in one direction and driving in the opposite direction, or sudden braking, or entering an intersection when traffic has intensified on the other side. Such actions may be intentional or unintentional.
Types of road traffic accidents (RTA) in the repealed 1998 Rules
In the Rules for recording and analysis of traffic accidents on highways of the Russian Federation, in force until May 12, 2015, approved. By Order of the Federal Road Service of Russia dated May 29, 1998 N 168, road traffic accidents were divided into the following types:
Collision is an incident in which moving vehicles collide with each other or with railway rolling stock.
This type also includes collisions with a suddenly stopped vehicle (in front of a traffic light, during a traffic jam or due to a technical malfunction) and collisions of railway rolling stock with a vehicle stopped (left) on the tracks.
Rollover is an incident in which a moving vehicle overturned (for example, the court came to the conclusion that the overturning of a truck crane on the territory of a joint stock company cannot be regarded as a traffic accident, since it did not occur while the vehicle was moving along the road, as provided for clause 1.1 of the Traffic Rules; resolution of the Federal Antimonopoly Service of the West Siberian District dated October 28, 2008 N F04-6437/2008 (14507-A70-11) in case N A70-470/11-2008).
Collision with a stationary vehicle is an incident in which a moving vehicle collides with a stationary vehicle or a trailer or semi-trailer.
Hitting an obstacle is an incident in which a vehicle runs over or hits a stationary object (bridge support, pole, tree, fence, etc.).
A pedestrian collision is an incident in which a vehicle hits a person or the person collides with a moving vehicle.
This type also includes incidents in which pedestrians were injured by a load or object transported by a vehicle (boards, containers, cable, etc.).
A collision with a cyclist is an incident in which a vehicle hits a cyclist or the cyclist collides with a moving vehicle.
A horse-drawn vehicle collision is an incident in which a vehicle hits draft animals, as well as the carts transported by these animals, or the draft animals or carts transported by these animals hit a moving vehicle. This type also includes hitting an animal.
Passenger fall is an incident in which a passenger falls from a moving vehicle or in the cabin (body) of a moving vehicle as a result of a sudden change in speed or trajectory, etc., if it cannot be attributed to another type of accident.
A passenger falling from a stationary vehicle while boarding (disembarking) at a bus stop is not an accident.
Another type of accident is an incident not related to the types indicated above.
This includes the fall of a transported load or an object thrown by a wheel onto a person, animal or other vehicle, a collision with persons who are not road users, a collision with a suddenly appeared obstacle (a fallen load, a separated wheel, etc.), etc.
Signs of road accidents
Based on the definition, several main characteristics of accidents classified as road transport can be identified. These signs are used to determine whether the situation is a traffic accident or should be classified differently (for example, a traffic crime). The main feature of an accident is the involvement of any category of transport, including road construction equipment and agricultural machinery. However, vehicles must be in motion and within the boundaries of the road. The obligatory presence of transport in motion (transportation of material assets, people, movement without cargo on highways, etc.) is another important characteristic of an accident.
Examples of situations when the incident is not an accident
- A car is moving at high speed along the highway. A heavy toy flies out of an open vehicle window and hits a pedestrian standing on the sidewalk. A person suffers a serious eye injury. However, the situation cannot be classified as an accident.
- A passerby stumbles and falls onto a motorcycle parked on the sidewalk. As a result, the vehicle was damaged and a person was injured. But such an incident does not apply to an accident, since the motorcycle was not moving.
If the situation on the road involving a vehicle led to negative consequences in the form of material damage or people were injured, then we can also talk about an accident. Often (not always) a violation of safety rules occurs before an accident. This applies to both non-compliance with traffic rules and unfair operation of the car. If there are no signs of an accident, then the participants cannot be punished for hiding from the scene of the accident, and there is also no need for traffic police officers to travel.
Another type of accident is a non-contact accident.
The last paragraph of paragraph 3 of Appendix 3 to the specified rules for recording and analyzing traffic accidents on highways..., apparently, also included “another type of accident.” We are talking, in particular, about so-called non-contact accidents.
In a non-contact accident due to the fault of the driver of the vehicle (who violated the traffic rules), harm is caused to third parties, while there is no physical contact between the vehicle of the harm-doer and the vehicle of the injured person (as well as any other object to which the harm was caused). For more information on the topic of non-contact road accidents, see the article “Non-contact road accidents. Arbitrage practice"
What is a traffic accident
Victims also include persons who were injured or suffered serious damage as a result of an accident. The role of the victim can also be a person who is in the same car with the perpetrator. Trauma can also cause the death of the victim. If, after 30 days after the accident, a person dies, then he is classified as “dead.” This seriously imposes responsibility on the person responsible for the incident.
- Rollover.
- Collision. In this case, both cars may be driving or one of the participants in the accident may be parked. The collision of a vehicle with a train while moving can be included in this group.
- Hitting an obstacle. Here, there may be cases of a vehicle colliding with a tree, house or any other building.
- Colliding with a stationary vehicle. A collision with a trailer can also be included in this category.
- Hitting a pedestrian. This includes cases when a vehicle runs over a person. Or an episode is possible when the pedestrian himself accidentally bumps into a car.
- Hitting a horse-drawn vehicle.
- A passenger falls while the vehicle is moving.
- Hitting a cyclist.
- Other types of accidents. This category includes incidents, the essence of which cannot be explained by the above points. For example, this could be a load falling on a passenger or pedestrian.
Falling objects on a car, snow from roofs - an accident?
To classify an event as an accident, it matters whether the “injured” car was moving at the time the damage was caused or was parked, because from the definition of the concept of an accident it follows that a road accident is an event that arose primarily while the vehicle was moving along the road.
For example, the court indicated that “from the plaintiff’s statement of claim it is clear that at the time the damage was caused, the car was parked next to the building; the basis for the claim was damage to the car as a result of falling snow, and not a traffic accident” (resolution of the Federal Antimonopoly Service of the Central District dated 04.02 .2014 in case No. A09-1079/2013)
Let's figure out what a traffic accident is
This circumstance is the basis for the second driver to call the traffic police, after which everything unfolds according to the already known pattern. In court, after a while, it will be extremely difficult to prove that it was not you who actually caused the traffic accident, because it was the arriving traffic police officers, who did not wait for the driver, who should have determined the degree of guilt and established the primary damage. Subsequently, of course, as a result of comparing the two cars, the degree of probability of causing established damage by your car will be determined, but this fact will not have a decisive significance.
You can also get to the auto stand . In parking lots and parking lots near supermarkets, and sometimes, depending on the damage, on the road, a person may approach you and claim that some time ago he saw you damage his vehicle with your bumper or other part of the car. There may also be witnesses. Of course, the driver, being absolutely sure that he did not cause any damage, especially since there are no traces on his car, turns around and drives away.
Stopping a vehicle - process of movement - accident?
The answer to this question determines whether the incident that occurred when stopping the car is considered an accident or not. Accordingly, whether the event is considered an insured event or not.
According to paragraph 1.2 of the Traffic Rules, a “road accident” is an event that occurred during the movement of a vehicle on the road and with its participation, in which people were killed or injured, vehicles, structures, cargo were damaged, or other material damage was caused.
At the same time, road traffic is a set of social relations that arise in the process of moving people and goods with the help of vehicles or without them within the boundaries of roads. Intentionally stopping the movement of a vehicle for up to 5 minutes, as well as for longer if it is necessary to board or disembark passengers or load or unload a vehicle, is a stop.
According to paragraph 1.1 of the Traffic Rules, these Traffic Rules establish a uniform traffic procedure throughout the Russian Federation.
Consequently, paragraphs 1.1 and 1.2 of the Traffic Rules, in their interrelation, relate stopping a vehicle to the process of road traffic.
According to Article 2 of the Federal Law of December 10, 1995 N 196-FZ “On Road Traffic Safety,” the term “ road ” means a strip of land or a surface of an artificial structure that is equipped or adapted and used for the movement of vehicles. The road includes one or more carriageways, as well as tram tracks, sidewalks, shoulders and dividing strips, if any. A similar concept of a road is contained in paragraph 1.2 of the Traffic Rules.
For example, guided by the above rules of law, the Third Arbitration Court of Appeal, in its ruling dated December 09, 2013 in case No. A33-11923/2013, indicated that “since the controversial event occurred at the unloading site of the company..., specially designed for the passage of cars through it for their unloading , that is, being a road, and stopping a vehicle to unload it is part of the road traffic, then the overturning of the vehicle belonging to the plaintiff occurred as a result of a road traffic accident - an insured event provided for in a voluntary insurance agreement.”
Customer Reviews
Review by Irina D. I thank the Legal Agency of St. Petersburg for the warm, sincere welcome and the detailed, competent, thorough, conscientious legal position of lawyer Andrei Valerievich.
Gratitude from Rusanova N.V. I sincerely thank Konstantin Vladimirovich Ivanov and Sergei Vyacheslavovich Mavrichev for the qualified information assistance provided in a friendly atmosphere of communication, as well as for providing the opportunity to obtain guaranteed legal support in the future.
Rusanova Natalya Viktorovna, Associate Professor of the Department of Russian Language and Literature of St. Petersburg Mining University.
Gratitude from V.N. Skorokhodova Dear Alexander Viktorovich! Let me express my sincere gratitude to you for your understanding, sensitive approach to the situation, openness, emotions and professionalism. I wish you good luck, success in your work and prosperity.
Sincerely, Skorokhodova V.N.
Review by Lurie L.D. I, Lurie L.D., want to express my gratitude and gratitude for the competent advice and cordial attitude towards me as a client.
Gratitude from Antonov Arkady I, Antonov Arkady Shanobich, turned to the Legal Agency of St. Petersburg for help due to the fact that when concluding an agreement for spinal treatment with Medstar, I was actually deceived in the cost of treatment and more. During the process of drawing up a treatment contract with me, no one explained to me that the treatment would be carried out using credit funds; the amount of treatment was constantly changing. My requests to be given longer time to familiarize myself with the procedures and consultations at their price list were refused. That is, there was actually pressure on the client. At home, when I carefully read the entire document, I realized that I had actually been deceived about money and treatment time. On October 30, 2018, I applied for legal assistance from the Legal Agency of St. Petersburg regarding the termination of the contract for treatment at Medstar and the termination of the loan agreement from Alfa-Bank. My case was handled by Denis Yurievich Stepanov, all issues were resolved very quickly and I was informed about all situations. I would like to thank Stepanov D.Yu. and all lawyers who work in this agency.
November 21, 2021
Review by Minina M.V. I would like to express my deep gratitude to Yuri Vladimirovich Sukhovarov for his competent advice and qualified assistance on my issue.
With gratitude, Minina Margarita Vladimirovna.
Gratitude from Bolotin V.S. I thank Alexander Viktorovich Pavlyuchenko for the work done as part of the investigation into the administrative case. I am especially grateful that almost all activities within the framework of the case were carried out by Alexander personally, without my involvement, which significantly saved my time. I would also like to note the efficiency with which the work was completed. I would like to wish Alexander further success in his professional activities and the successful completion of all current and subsequent cases, restoring justice to his clients.
Bolotin V.S., 02/12/2017
Gratitude from Truk N.N. I would like to express my gratitude to Vasily Anatolyevich Kavalyauskus, Alexander Viktorovich Pavlyuchenko and Maxim Andreevich Lobur for providing qualified legal assistance, with the help of which my problem was resolved quickly and clearly. When contacted, I always found understanding and attention. It’s good that the “Society for the Protection of Consumer Rights” employs such lawyers and advocates. I wish you success in your future work and defending the interests of consumers.
Sincerely, Truk N.N.
07.05.2018
Gratitude from gr. Moskovchuk V.G. I express my deep gratitude to lawyer Denis Yuryevich for the consultation and bringing the case to its logical conclusion. Legal documents were drawn up very competently and sent to court. The case is won. Hooray!!! Thank you very much!
Plaintiff: Moskovchuk V. G.
Gratitude from P.V. Greshina I would like to express my deep gratitude to the employees of your company - Sergei Vyacheslavovich Mavrichev and Konstantin Vasilyevich Solovyov for their enormous support, for their competent explanation and good attitude towards people. I wish you success and prosperity.
Greshina P.V. 03/23/2018
Categories of road accident participants
The definitions of “participants in road accidents” are not prescribed by law, but based on the meaning of the conceptual apparatus, we can distinguish:
- The driver is the person who was driving the vehicle at the time of the incident. The “driver” category also includes the driver (in relation to horse-drawn carts) and the leader (in relation to herds).
- A cyclist is a person who controls a bicycle in traffic.
- A passenger is a person who was in the car with the driver at the time of the traffic accident. The passenger is not driving the car. This category includes a person who gets into or out of a car.
- A pedestrian is a person who, at the time of the incident, was outside the vehicle - on the road, at a pedestrian crossing, on a bicycle path. This category also includes persons who move in wheelchairs that are not equipped with a motor. A pedestrian is also a person who carries a bicycle, moped, motorcycle, sled, cart, or baby stroller. Roller skaters and skateboarders are also considered pedestrians.
If we apply the classification from the point of view of an accident that has already occurred, we can distinguish the following categories of traffic participants:
- Vehicle owner is the owner or other person using the vehicle legally.
- The culprit is the person through whose fault the accident occurred on the road.
- The perpetrator of the damage is the person through whose fault property or moral damage was caused to the participant in the accident on the road. Not always, but both concepts can be contained in one person. But a third party may also be found to be the culprit of the damage. For example, a mechanic at a car service center who did not tighten the screws properly when changing the wheels. The wheel flew off and caused an accident.
- A victim is a person who has suffered harm of various categories.
Statistics of road accidents in Russia and in the world
Statistical data allows us to assess the existing problem. To assess its scale, it is recommended to find out how many people die in car accidents in the world and in the Russian Federation per year. According to statistics posted on the official website of the State Traffic Safety Inspectorate, the number of deaths as a result of road accidents in Russia in 2021 amounted to 16,412 people, and 192,959 participants in accidents were injured. A total of 151,291 road accidents occurred during this period.
World traffic accident statistics are quite ambiguous. According to WHO, about 3,000 people die every day in car accidents. About 100,000 people involved in accidents are seriously injured. Every year, about 1.25 million people become victims of road accidents. The value of the indicator was established back in 2007 and since then has remained approximately at level 1. Road accident statistics by country are as follows:
- Germany has recorded a record low death toll. Over the past year, 3,177 people died in accidents. The number of deaths of pedestrians and car drivers has decreased. However, the mortality rate among motorcyclists continues to remain high.
- In the US there are 11.4 deaths per 100,000 people. In 12% of fatal accidents, a pedestrian is involved. More than half of these incidents occur in New York. This is due to the high population density living in the city.
- Switzerland is one of the countries with the fewest accidents on its roads. However, over the past 5 years there has been an increase in the number of accidents involving cyclists.
- In the Republic of Belarus there is a trend towards a decrease in the number of incidents. During January-September, 2241 road accidents occurred in the state, which is 1.5 times less than the figures for 2021 and 2 times less than the figures for 2015. On average, 5-6 accidents occur per day. Most incidents occur on Wednesday and Friday.
- There is an increase in the number of accidents in Ukraine. Over the first 8 months of 2021, the number of accidents increased by 9%. More than 17,000 road accidents occurred in the state, in which over 22,000 people were injured.
Alcohol intoxication is often the cause of road accidents. Statistics on road accidents caused by a drunk driver in different countries show that in 2021 in Russia, a little more than 3,800 people became victims of drunk drivers or those who refused to undergo examination. Another 22,900 people were injured of varying degrees of severity. In the USA and Australia, about 33% of all fatal accidents are caused by drunk drivers, and in New Zealand - 31%. At the same time, the World Health Organization is also not satisfied with the anti-alcohol legislation in some EU countries - France, Finland and Spain. On average, in developed countries, drunk drivers account for approximately 20% of fatal accidents.