Order of the Ministry of Transport of the Russian Federation (Mintrans of Russia) dated December 25, 2006 N 163 Moscow On approval of the Regulations on the procedure for official investigation and recording of transport accidents

Features of accident investigation

Features of the investigation of an accident case depend on its circumstances:

• whether its participants are alive and able to testify;
• were there any eyewitnesses to the event;
• Is the inspection of the accident site, cars informative, or is it necessary to conduct examinations?

Sometimes, after visiting the address and drawing up a report, the picture of the incident is clear. In other cases (death or escape of one of the participants, conflicting testimony of the survivor, witnesses, absence of the latter), additional measures are needed to clarify the situation:

• performing automotive technical examination;
• identifying and searching for the runaway driver, detaining him without delay;
• identification of vehicles involved in the accident;
• conducting a re-inspection of the accident site;
• forensic medical, forensic examination;
• more detailed examination of physical evidence;
• searching for eyewitnesses if they do not come forward themselves;
• repeated interviews with eyewitnesses;
• investigative experiment;
• analysis of data obtained from those who saw the event, participants, as a result of examinations.

We recommend reading about the registration of an accident by an accident commissioner. From the article you will learn about who emergency commissioners are, their responsibilities, and the advantages of registering an accident by a specialist. And here is more information about in what cases your license is deprived for an accident.

Traffic police analysis group

The analysis group is formed in the traffic police from employees specializing in investigating the circumstances of car accidents. They must review the case materials offered to them, obtain new data in order to establish:

• how the event happened;
• who is guilty of it;
• what rules and laws were violated by the driver.

The administrative practice group can do a lot to clarify the circumstances of the accident. But sometimes the police simply persuade the driver to admit guilt, although this is not the case. The motorist has a chance to avoid a mistake. After all, the group’s decision is not final and can be appealed.

Investigator after an accident

An investigator from the traffic police enters into the investigation after an accident if the inspector who went to the scene did not identify the culprit. This employee establishes additional circumstances, calls participants and witnesses, talks with them, accepts evidence presented by drivers, and orders examinations if necessary. Actually, the interrogator is one of the members of the analysis team. He can close the case by identifying the culprit, or send it to court.

Accident Investigator

An accident investigator works when people are seriously injured or killed in an accident. Then they open not an administrative, but a criminal case. The investigator's responsibilities also include:

1. visiting the site for the purpose of inspection and seizure of material evidence;
2. registration of the results of the procedure;
3. establishing several versions of an event;
4. their verification, that is, interrogation of participants, witnesses, appointment of examinations, investigative experiments, confrontations;
5. drawing up an indictment;
6. sending the case to court.

What is a parse group

The analysis group is understood as a special group of employees of the State Traffic Inspectorate department engaged in a detailed investigation of the circumstances of the road accident. The accident investigation team performs the following functions:

• a detailed study of the causes of the car accident and the factors that provoked it;
• qualification of driver actions in a traffic accident;
• establishing the degree of guilt of participants in an accident;
• determination of the culprit of the accident and the extent of his responsibility - punishment;
• drawing up a final document taking into account all the circumstances of the incident.

During the administrative investigation, the details of the event are clarified, and taking into account all the details, it is determined who is to blame for the accident. However, there is a possibility that the protocol, and subsequently the decision on a specific administrative incident, will be challenged and the person held accountable will be found innocent.

Consideration of an accident

Consideration of a traffic accident case includes:

1. the inspector’s visit to the scene of the accident, recording and documenting the circumstances of its occurrence (inspection protocols, certificates, identifying and interviewing witnesses, diagrams, photos), taking explanations from the participants;

2. analysis by investigators of information from papers compiled by a traffic police officer, an incident diagram, explanations from drivers, medical examination reports;
3. the appearance of motorists involved in an accident to give evidence to the traffic police investigation team, if it is impossible to determine the culprit on the spot and make a decision on the violation and payment of a fine;
4. appointment and execution of examinations that will provide answers to questions that arise during the review (this stage is not always present);
5. registration of the results of the analysis in the form of a resolution.

Participating drivers have the right to supplement their explanations, ask about anything unclear, insist on involving specialists in the case, and record what is happening. If someone does not agree with the issued decision, it can be appealed within 10 days after receiving a copy. For this they turn to the court or to the higher management of the inspection.

Road accident with casualties

In an accident with victims, the driver’s responsibilities in an accident will be somewhat different. The main thing is to definitely call the traffic police. Also, first of all, the driver’s duty in case of an accident with victims will be to provide first aid, then call an ambulance and the police, and, if necessary, rescuers, for example, if it is necessary to unblock the victim.

If you need to urgently deliver a person to a medical facility, and doctors for some reason cannot promptly arrive at the scene of the accident, hitchhike the wounded to the hospital. If there is no ride, one of the participants in the accident can go with the victim to the hospital on their own. There he will be required to present a passport, license, car registration certificate, and then return to the scene of the incident.

How traffic accidents are analyzed in the traffic police

Analysis of road accidents in the traffic police with the participation of a group formed for this purpose occurs in several stages:

1. employees first study the accident documents without the participation of the guilty and injured parties;
2. drivers are notified of the date and place of the further procedure;
3. at the appointed time they are invited to the office, where they are given the opportunity to once again describe their own vision of the situation;
4. motorists provide evidence of their innocence (photos, videos, witness statements), and may demand the appointment of an examination;
5. the review team must respond to the petition immediately and in writing;
6. if an examination is ordered, they wait for its conclusion, after which the culprit is identified;
7. a resolution is drawn up.

Drivers can be invited to the debriefing group one by one or together. The second option is more like a confrontation, but there is no violation of the law. Sometimes the truth is established easier and more accurately this way.

How does the traffic police proceeding?

The investigation of a traffic accident begins immediately after calling a traffic police officer. The procedure is carried out in several stages. Its outcome depends on the competence of the specialist preparing the accident. At the initial stage, the forensic nature of the incident and the degree of responsibility of its participants are determined. The further procedure of the investigation is determined depending on the presence of victims and the degree of harm to their life and health.

During the investigation process, it is important to establish a cause-and-effect relationship in an accident. Not every traffic violation causes an accident. An accident may occur for reasons not related to violations of regulations. Such incidents include poor road surfaces and insufficient visibility of road markings and signs.

After all the paperwork has been completed at the scene and the accident has been registered, a forensic auto-technical examination is carried out. During the event, the circumstances of the accident are assessed and compared with the technical condition of the vehicles, with the presence of traces on the cars and at the scene of the accident. An expert operation is relevant in the event of an insurer’s refusal to pay due to the insured’s suspicions of fraud, which consists of receiving damage in a previous incident. At the final stage of the investigation, the authorized persons who conducted the investigations sum up the results and make an appropriate decision. It can be appealed within 10 days.

The procedure for investigating road accidents for administrative and criminal violations

The procedure for investigating a traffic accident case for an administrative violation consists of:

1. inspection by a traffic police inspector of the place and cars;
2. drawing up protocols;
3. issuing a violation order if one of the motorists admitted guilt;
4. transferring documents to the analysis group or an investigator when both drivers consider themselves victims;
5. examination by this authority of the circumstances of the accident;
6. making a decision;
7. execution by the culprit or appeal by him against the decision.

If there are dead or seriously injured, a traffic police officer calls an investigation team to the scene, as they are already considering a criminal case. Inspection and recording of the circumstances of the accident are carried out by a criminologist and investigator. The latter opens a criminal case, within the framework of which he interrogates participants, witnesses, and orders examinations. Investigators are working on his instructions. When the person responsible for the accident is identified, the case is sent to court.

Administrative and criminal investigation

The boundary between administrative and criminal liability is determined by the severity of bodily injuries inflicted on the victims. According to criminal law, it is divided into mild, moderate and severe. In case of a mild degree, administrative punishment is applied to the culprit. When inflicting injuries of moderate severity, aggravating circumstances are additionally assessed, expressed in driving under the influence of alcohol or drugs or simultaneous collision with several pedestrians. Causing serious injury to passengers or pedestrians is subject to criminal proceedings.

A criminal case is opened by the prosecutor or the head of the investigative department. Not every case goes to trial. During the paperwork process, the parties can agree on reconciliation with the payment of material and moral compensation for damage. In such a situation, if there are no victims, the investigator has the right to close the case during the investigation process. If the case has already been brought to court, it is possible to terminate the criminal prosecution against the culprit of the accident if the injured party submits a petition.

Time frame for accident investigation

After an accident, only material damage can remain. In this case, the case is considered within the framework of an administrative investigation. How long before the responsible person must complete the process is established by Section 5 of Article 28.7 of the Administrative Code:

The period for conducting an administrative investigation cannot exceed one month from the moment the case of an administrative offense was initiated.

But if during this period it was not possible to discover all the circumstances of the incident, the investigation may be extended. This is regulated by the same article of the law:

• there are no casualties, but the case remains unclear, which means that its study may take another 1 month;
• the accident caused minor or moderate harm to health, it is possible that the process will be allowed to be extended to six months.

The decision is made by the superior officer of the traffic police officer who is handling the case of an administrative violation. The latter submits a written request for this purpose.

If there are serious injuries or deaths, the accident is considered as part of a criminal case. Here the time frame for the investigation is different:

• 2 months from the date of opening the case;
• it can be extended up to 3 months by senior management;
• in particularly difficult cases, the investigation is allowed to continue for up to a year.

All this is regulated by Article 162 of the Criminal Code of the Russian Federation.

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/ Legal articles on the topic of automobile law / Criminal liability under Art. 264 of the Criminal Code of the Russian Federation / Time frame for investigating a criminal case of an accident

Time frame for investigating a criminal case of an accident

On the pages of our website, we have already touched upon the issues of the duration of pre-investigation checks on facts of road accidents and talked about the reasons why, before the initiation of a criminal case, material can hang around in the “refused” status indefinitely.

In our article today we will also talk about deadlines, but this time we will talk about the investigation of criminal cases of road accidents under Art. 264 of the Criminal Code of the Russian Federation.

According to Article 162 of the Code of Criminal Procedure of the Russian Federation, the preliminary investigation in a criminal case must be completed within a period not exceeding 2 months from the date of initiation of the criminal case. However, this does not mean that all criminal cases are investigated for no more than two months. Not at all. In fact, many cases can be investigated for months and even years, since the same article of the Code of Criminal Procedure of the Russian Federation provides for the possibility of extending the period of preliminary investigation for an indefinitely long period, which can exceed 12 months.

And it is precisely “road” criminal cases that are considered one of the most “long-lasting”, i.e., they are investigated for a very long time.

Of course, the investigation of not all criminal cases of road accidents is delayed for a long time. For example, not too complex cases under Part 1 of Art. 264 of the Criminal Code of the Russian Federation quite often goes to court within two months and even faster. But the investigation of criminal cases of complex road accidents with a large number of dead or injured, moreover, which occurred under unobvious circumstances, can drag on for many months and even years.

Most often, the reason for a lengthy investigation of criminal cases resulting from road accidents is the need to conduct complex automotive or comprehensive examinations. Sometimes a forensic medical examination becomes a stumbling block, the production of which can be delayed due to the long-term treatment of victims.

However, criminal cases of road accidents, unlike many other categories of cases, do not tolerate haste and fuss. In order to establish an objective picture of the accident, investigators need a lot of time.

The procedure for extending the time frame for investigating a criminal case of an accident is no different from a similar procedure in any other criminal case. If it is necessary to increase the period of investigation, the investigator issues a written resolution-petition, in which he sets out the reasons for extending the period and addresses it to the head of the investigative body, who makes the appropriate decision.

This is important: the investigator in charge of a criminal case does not have the right to independently extend the period of its investigation. Only a senior manager has the right to do this. At the same time, the investigation period can be extended to 3 months by the head of the investigative body in which the investigator works, from 3 to 12 months - by the head of the investigative body in the region (republic, territory), and over 12 months - only by the head of the Investigation Department of the Ministry of Internal Affairs of the Russian Federation

Considering that the extension of the investigation beyond 12 months is associated with a trip to high authorities in Moscow and a “debriefing”, in practice, many investigators prefer by hook or by crook to avoid such a development of events and resort to various procedural tricks that allow them to continue the investigation without extending it terms in the Investigation Department of the Ministry of Internal Affairs. For example, after a 12-month investigation period, a formal decision is made to suspend the investigation, which is immediately canceled by the head of the investigation or the supervising prosecutor. Such a “feint” allows, on completely legal grounds (Part 6 of Article 162 of the Code of Criminal Procedure of the Russian Federation), to get another whole month of investigation time without any trips to high authorities. If necessary, this procedure is repeated the required number of times.

Useful information: the period of investigation of a criminal case does not include the time during which it was suspended

What to do if, in your opinion, the investigation is being unreasonably delayed?

File a complaint with the prosecutor's office or court, indicating a violation of the requirements of Art. 6.1 of the Code of Criminal Procedure of the Russian Federation, obliging an investigation to be carried out within a reasonable time.

If you require legal assistance on issues related to the investigation of criminal cases of road accidents, you can get advice from lawyers on our website using this feedback form:

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Investigation of an accident without injuries

An accident, after which it is only necessary to calculate property damage, is studied differently than in the presence of victims. But such accidents can be no less confusing. Therefore, during the investigation process the following is carried out:

• Inspection of the scene of the incident. It starts from the point where there are traces of an accident, or from the area along which the vehicle was moving. The features of the area, the location of objects there, signs, curbs, trees, and the condition of the road surface are taken into account.

The starting point of the inspection is determined by interviewing eyewitnesses of the incident. They find out the position of the cars and obstacles on the way before the accident, the reaction of the participants to the aggravation of the situation on the road, and the location of the vehicle after the incident. All traces related to the accident are analyzed and the necessary measurements are taken. Experts study particles of paint, automotive fluids, vehicle parts, and wheel marks. The latter not only take photographs, they make casts of them.

Participants' transport is inspected in detail. All damage is examined and the sequence of its occurrence is determined. It is determined which parts of the car were the first to receive defects. The information obtained as a result of the inspection is entered into the protocol. Afterwards, a diagram of the incident is drawn up with symbols of all details and reference to the area.

• Survey of participants . It may not occur at the scene of the accident, but already in the traffic police department. Each driver writes an explanation. And the traffic police officer at this time issues certificates about the accident and fills out part of the protocol. Based on the totality of the information received, the inspector determines the culprit, which he records in the document.

After entering all the information there, both participants sign the document if they agree with the information contained in it. Then they receive copies of the protocol and a certificate of the accident. And after a short time, the culprit receives a decision to pay a fine or a summons to court, where the case of an administrative offense will be heard.

• Work of the analysis group . The inability to immediately identify the culprit requires its identification in the traffic police department on whose territory the accident occurred. The procedure involves service employees, as well as participants in road accidents. The decision is made a maximum of 15 days after receipt of the case materials, and by the court - within 2 months.

During the investigation, various examinations may be carried out. They are done both by order of the court and at the request of one of the participants in the accident and at his expense.

To learn how to conduct an examination of a car after an accident, watch this video:

Regulations on official investigation of road accidents

Regulations on the procedure for conducting official investigations of road accidents

GENERAL PROVISIONS

1.1. This Regulation has been developed in accordance with Federal Law dated December 10, 1995 No. 196-FZ “On Road Safety”.

1.2. These Regulations define a uniform procedure for conducting internal investigations and reviewing road traffic accidents in the Organization.

1.3. The purpose of the official investigation is to establish the circumstances, analyze the causes and conditions that contributed to the occurrence of road accidents, identify violations of established norms and rules governing road safety, as well as develop measures to eliminate the causes of accidents.

1.4. During an official investigation, within the competence of the person conducting it, the following must be identified:

• circumstances preceding the incident;
• reasons for the incident;
• the influence of road and other factors on the occurrence of a traffic accident;
• consequences of the incident;
• persons whose activities are related to the occurrence of the incident, and the specific guilt of each of them (preliminarily);
• shortcomings in the work of the Organization that contribute to the occurrence of road accidents.

1.5. An official investigation is carried out by the person responsible for ensuring road safety in the Organization of all road accidents involving vehicles belonging to the Organization within a period of up to 5 days.

ACTIONS OF EMPLOYEES DURING OFFICIAL INVESTIGATION OF A ROAD ACCIDENT

2.1. Drivers and employees of the Organization, whose duties are directly related to driving vehicles, in the event of participation in a traffic accident, are required to comply with the procedure provided for in paragraph 2.5. Traffic regulations of the Russian Federation, and also immediately report this to the traffic police and the Transport department.

2.2. Employees of the Transport Department provide advisory assistance to employees involved in road accidents. Explain the procedure for contacting the State Traffic Safety Inspectorate or the Ministry of Internal Affairs, or an insurance company.

2.3. Employees of the Transport Department record the fact of the accident in the road accident log. Road accidents with deaths or injuries are registered in section No. 1 of the journal and are subject to monthly reconciliation with the territorial internal affairs bodies. Road accidents that resulted only in material and other damage (without dead or injured) are recorded in section No. 2 of the journal.

2.4. If necessary, a Transport Department employee can visit the scene of an accident. The decision on the need for departure is made by the Head of the Transport Department, depending on the severity of the accident, its consequences and if there is a justified need for organizational assistance to the employee involved in the accident.

2.5. Officials, if they arrive at the scene of an incident before the traffic police, must take measures to assist the victims, deliver them to the nearest medical facility, protect the scene of the incident, vehicle and cargo, take measures to prevent “secondary incidents” and identify eyewitnesses of the incident .

2.6. Officials conducting an official investigation, upon arrival at the scene of an incident, with the permission of employees of the inquiry or investigation bodies, must:

• inspect the scene of the incident and damaged vehicles;
• clarify the necessary data from drivers and other eyewitnesses of the incident, whose explanations may be important for clarifying the circumstances of the incident.

Install:

• date and exact time (local) of the incident;
• the scene of the incident;
• in the city - street, district;
• category of the road and in cases where the incident is associated with unsatisfactory road conditions - affiliation and name of the organization operating the road;
• model and state registration plate of the vehicle;
• number of dead and injured (including drivers, pedestrians, passengers);
• technical condition of the vehicle;
• the nature and extent of damage to the vehicle and the cargo being transported;
• who drove the vehicle: last name, first name, patronymic, class, year of qualification, work experience (total driving experience, work experience at the Bank, on this vehicle, if possible the same information about other drivers involved in the incident);
• driver’s condition: healthy, sober, tired (only according to a doctor’s opinion);
• at what hour of the driver’s work the incident occurred;
• purpose of the trip;
• type of transportation;
• whether the vehicle was used for its intended purpose, whether there were any deviations from the route;
• type of traffic accident;
• weather conditions (rain, snow, fog, etc.);
• illumination: dark, daylight, twilight;
• road conditions (type of surface, condition of the roadway, elevation, curve, presence of road signs and signals);
• familiarize yourself with the protocol of the inspection of the scene of the incident, the inspection of the vehicle and the diagram of the traffic accident and make copies of them;
• record (if necessary, photograph) the general view of the scene of the incident, the position of the vehicles involved in the incident, traces of braking, skidding or rolling of the car and the belonging of this particular vehicle, the location of the crumbled dirt, glass, etc. upon impact, its shape, size, location of the collision with the pedestrian, as well as other objects that could have influenced the occurrence of the incident. If necessary, insist that this information be included in the report of the inspection of the scene of the incident; — inspect the documents, in particular, a certificate of the right to drive a vehicle, a technical certificate of the vehicle, a waybill or route sheet, and shipping documents for the cargo being transported.

2.7. When analyzing an incident, you must:

• find out the circumstances and obvious causes of the incident;
• find out all the violations that led to the incident and the reasons that contributed to its occurrence. In relation to the driver who was drunk at the time of the incident, it is also necessary to find out under what circumstances he found himself driving while drunk, whether the driver came to work drunk or drank alcohol at work, which official checked his condition before departure on the line, does the system of admitting drivers to drive cars in a motor transport enterprise exclude the possibility of going on a trip while intoxicated;

estimate:

• the driver’s actions and their compliance with the Traffic Rules;
• road conditions and their possible influence on the occurrence of the incident;
• is there a causal connection between the occurrence of the incident and omissions in traffic safety work.

PROCEDURE FOR REGISTRATION OF RESULTS OF OFFICIAL INVESTIGATION OF ROAD ACCIDENTS

3.1. At the end of the internal investigation, the commission draws up a report. (Appendix No. 2)

3.2. The act must contain the following information:

• the composition of the commission conducting the official investigation, the brands, models and numbers of vehicles involved in the traffic accident, their ownership, last name, first name, patronymic of the driver, location of the incident, circumstances of the incident and its consequences are indicated.
• The driver's actions prior to the incident are indicated. Who let him on the flight and at what time, did he undergo a medical examination, was the speed limit and route followed, etc.
• data on the width of the road, shoulders, surface, their defects, visibility conditions at the time of the accident, as well as the presence of deficiencies in the arrangement and equipment of the road are indicated.
• indicates the age of the driver, length of service as a driver in the Organization, how long he has been working on this brand of vehicle, his state of health at the time of the traffic accident, whether he underwent a medical examination before leaving, at what hour of work the incident occurred, whether he had previously received penalties from administration and the traffic police (if any, for what), whether you were previously involved in traffic accidents, etc.
• information is reflected on the technical condition of the vehicle involved in the incident, in particular: its type, make, model, year of manufacture, maintenance with an indication of the time it was carried out, whether requested repairs were carried out in a timely manner, etc. Details of the other vehicle(s) involved in the incident.
• an assessment is made of the work carried out to prevent a traffic accident and the shortcomings identified during the inspection are indicated.
• the causes of the incident, in the opinion of the commission, are indicated, and measures are proposed to eliminate the deficiencies identified as a result of the inspection.
• Date of the review, number and category of employees present during the review.

Attached to the act:

• Scheme of a traffic accident (Appendix No. 3);
• photographs of the accident scene (if available);
• photographs of the damaged vehicle (if available);
• explanatory note from the driver or employee driving the vehicle at the time of the accident
• list of dead and injured, indicating last names, initials, year of birth, gender and other data (if available).

TRAFFIC ACCIDENT REVIEW

4.1. When an incident involving casualties occurs, the head of the Transport Department carries out an analysis of the causes and circumstances that contributed to its occurrence within five days.

4.2. The causes of the incident, the results of the analysis and the measures taken may serve as a reason for conducting special briefings, in accordance with the Regulations on conducting road safety briefings for drivers and persons operating official vehicles.

Appendix No. 1

Section 1. Information subject to verification with territorial internal affairs bodies

Section 2. Internal information to be clarified during an internal investigation

Appendix No. 2

ACT

official investigation of a traffic accident

No. ____ from "____" ___________________ 201 __

Commission consisting of:

Chairman: ____________________________________________________________

(full name, position)

Commission member No. 1: ______________________________________________________________

(full name, position)

Commission member No. 2: ______________________________________________________________

(full name, position)

The commission, appointed by order for the Bank dated “___” ___________ 201__, No. ________, having examined the scene of the incident, reviewed the documents, examined the car, interviewed the participants in the accident and witnesses, established:

1. Basic information about the accident
2. Other participants in the incident (transport)
3. Victims:
4. Driver driving a vehicle
5. Technical condition of the vehicle
6. Description of the circumstances of the incident
7. The commission came to the conclusion
8. The Commission proposes
9. Applications:
10. Commission signatures

Chairman _______________________/___________________/

Member of Commission No. 1 _______________________/___________________/

Member of Commission No. 2 _______________________/___________________/

Appendix No. 3

Accident DIAGRAM

to the act of official investigation of a traffic accident

No. ____ from "____" ___________________ 201 __

Location of the traffic accident ________________________________________

The diagram was compiled by: ________________________________________________ / ________________ /

(position full name) (signature)

Participant in the accident: ________________________________________________ / ________________ /

(position full name) (signature)

Head of Transport Department: ______________________________ / ________________ /

(position full name) (signature)

Procedure for investigation with victims

When there are injuries or deaths in an accident, the investigation includes more stages:

• Inspection of the accident scene . The procedure is carried out as described above. But in addition to cars and their parts, furnishings, blood stains and the clothes of the victims are examined. If there is a deceased person, the body is examined. His posture, clothing, the nature of its defects and damage to the skin and other organs are studied.

The position of the corpse relative to other elements located at the accident site is taken into account. If there are injuries uncharacteristic for this accident, the reasons for their occurrence are determined.

• Investigative experiment . This stage of the investigation involves recreating the conditions in which the accident occurred. It will show what the participants in the accident saw and heard at the critical moment, and whether external factors could have provoked it. An investigative experiment is necessary to establish the possibility of damage to the vehicle under the circumstances described by witnesses and the speed they stated.

The procedure is performed in a fenced area where no foreign objects or people will enter the action area. The situation is recreated according to previously performed calculations so that the participants in the experiment do not suffer.

• Expertise . Research is carried out by different specialists if other methods do not provide answers to existing questions. With their help, the location of the accident, the direction of movement of the vehicle, and the features of the appearance of traces are determined. The type of accident is also calculated (rollover, collision or collision of cars), if there is no other way to do this. Experts gain access to case documents and any other materials.

Sometimes a specialist goes to the scene of an accident, examines cars, their individual parts, and assemblies. If there are victims, a forensic medical examination is also carried out. With its help, the position of the body before the accident and the trajectory of its movement at the time of the accident are determined. A medical expert will identify characteristics of the driver that could have contributed to the incident, for example, decreased hearing, vision problems.

The measures taken will help the investigator create a complete picture of the accident, identify the influence of external conditions and personal characteristics of the participants on its occurrence. But sometimes they are not enough; additional measures have to be used in the investigation. For example, to look for the culprit of the incident or him and the car.

In some road accidents, in addition to the identified participants, there may be another one who drove away or left the scene. It is necessary to look for it using the signs mentioned by eyewitnesses, identify the car, and prove involvement in the accident.

An important part of the investigation is the interrogation of participants and witnesses. The investigator must identify inconsistencies in their testimony, outright lies and manipulation of facts, and groundless shifting of blame onto the deceased.

To learn how an investigative experiment is carried out in case of an accident, watch this video.:

Official investigation of an accident

Not only drivers of personal cars get into accidents, but also those driving official vehicles. In such cases, the investigation is not limited to an administrative or criminal case. They also carry out official investigations, which do not replace the need for the participation of the police or investigator. His goal is to find out the circumstances of the accident and the role of the driver working for the company in it. This is necessary because part of the responsibility for an accident may fall on the management of the enterprise.

The procedure is regulated by Order of the Ministry of Automobile Transport of the RSFSR No. 49 dated April 26, 1990 and has a certain order:

• The driver of a company car can call the place of work immediately after an accident. An employee of the organization comes directly there.
• He can interview witnesses and see details of the accident scene. He is allowed to take photographs and videos of the situation and cars.

• Based on the results of these actions, an authorized employee draws up part of the accident investigation report at the enterprise. The traffic police officers are also obliged to help him by informing him of information related to the incident. From them, a representative of the organization that owns one of the participating cars receives copies of the protocol, certificates and other documents on the case.
• The materials are sent to a commission created in the organization.
  Based on them, the accident investigation report at the enterprise is completely filled out.

  It contains information about the members of the commission and participants in the accident, as well as vehicles. The document describes the circumstances of the incident, the condition of the road and related infrastructure. The weather conditions in which the accident occurred and the illumination of the area are also taken into account.

Equally important is information about the driver, the medical examination he underwent before the trip, the employee’s qualifications, discipline or lack thereof. This is also indicated in the act along with a description of the condition of the company car and the year of manufacture.

• Based on the findings of the investigation, the cause of the accident is determined. Then you need to determine a list of actions that will help you avoid this in the future. This is also indicated in the act.

If the driver is guilty, the responsible persons of the enterprise may also be punished. They are charged with the relevant articles of the Code of Administrative Offenses or the Criminal Code of the Russian Federation.

The service procedure must be completed within 5 days. Every employee of the enterprise is notified about its results.

Registration of an Internal Accident Investigation Report

The report of an official investigation of an accident consists of five main blocks:

1. The composition of the assembled commission is listed. Indicates the data of vehicles involved in an accident and their drivers.
2. The circumstances and location of the accident are described.
3. Information on conditions on the highway : width, surface, defects, visibility conditions, characteristics of road signs and markings.
4. Driver data : age, classification, length of service (general and at the enterprise), information on training and retraining, health status, indications of pre-trip medical examination. It is indicated at what hour of work the accident occurred, whether he was involved in an accident before, and whether he violated traffic rules.
5. Information about the service vehicle : information about the technical condition of the vehicle, its make, type, model, year of manufacture, mileage before and after inspection. Similar data is listed for other vehicles involved in the accident.
6. Conclusions of the commission. The causes of the road accident, previously established by its participants, are indicated. Measures that the company will take to prevent recurrence of the incident. The responsible responsible employees are mentioned and the disciplinary sanctions taken against them are mentioned.

At the conclusion of the report on the official investigation of the accident: the date of its preparation, the list of commission members, their categories and positions.

The report on the official investigation of the accident can be found here.

Investigation of an accident at an enterprise

An investigation of an accident carried out at an enterprise must begin immediately after the event becomes known, upon the written order of the manager. The procedure lasts up to 5 days. If people were injured, the period of official clarification may be extended. How does this happen:

1. a representative of the organization whose employee was involved in an accident comes to the place where it happened;
2. he must talk to witnesses, the police, take photos of the scene;
3. traffic police officers give him copies of documents related to the event;
4. Then the enterprise’s investigation commission gets down to business, which examines the circumstances of the accident, identifies the driver’s compliance or violation of traffic rules, takes into account weather, road conditions, and other nuances;
5. it draws up an act that can be used later in court if the case comes to it.

The driver of a company car should report the accident to the service immediately after the accident so that an employee of the company can come and carry out the necessary actions for the investigation. This is important for the participant in the accident. After all, the company is interested in an objective review and will not allow its driver to be blamed in vain.

Time frame for conducting an official investigation of an accident

The official investigation of an accident is limited to a clear time frame: 5 days from the date of the incident. The deadline is the same for all accidents, regardless of severity.

There are only two exceptions to this provision:

1. Seven days are given to investigate an incident with 4 injured citizens or 2 dead.
2. Road accidents in which 14 or more people were injured or more than 7 people died were investigated for two weeks.

The head of the enterprise personally monitors compliance with the established deadlines.

Administrative investigation of road accidents

An administrative investigation into an accident is a police action aimed at clarifying its circumstances when:

• property was damaged;
• slight or moderate damage to the health of participants has been established;
• There are disagreements between the latter in determining who is guilty.

It begins after the determination of the case is issued. And this document is drawn up when the scene of the incident is examined by an inspector, participants and eyewitnesses are interviewed, photos and videos are taken. The definition is a completed form indicating:

• date and position of the employee who compiled it;
• the reason for initiating the case;
• the circumstances that caused this need;
• article of law that should be applied in this case.

The victim and the culprit of the accident receive copies of the document.

Further investigation is carried out by the investigation department. An analysis group is formed from its employees, which studies protocols, acts, testimony of witnesses, and talks with them. This department can order examinations and necessarily calls those involved in the accident for explanations. If damage to health is caused during an accident, police officers seek certificates and conclusions from a medical institution. All this takes from 3 days to 30 days.

In exceptional cases, the period of administrative investigation may be extended at the request of the case manager addressed to a superior manager. If there are no injuries in the accident, the period is increased by another 1 month.

If there are victims, the administrative investigation can last up to six months. Its result is a protocol on the corresponding violation of the law, if it was committed by the driver. The document is sent to the court. In the absence of an administrative violation, a decision is made to terminate the case.

The purpose of the official investigation of the incident

All actions are carried out to accurately establish the circumstances, causes, conditions of the incident, identify violations that occurred, as well as the guilt of officials.

In addition, an action plan is being developed aimed at preventing future emergencies related to the enterprise’s vehicles.

Representatives of the transport enterprise, investigative bodies, institutions responsible for the condition of the roadway, and trade union organizations (in case of injury or death of workers) participate in the process.

How to behave in the traffic police during analysis

The driver should behave when analyzing an accident in the traffic police in the way that Article 25.1 of the Code of Administrative Offenses of the Russian Federation allows him to:

• demand case materials for consideration;
• explain your vision of the situation, the causes of the accident, and other relevant nuances;
• present photographs taken on site, video from the recorder, and other evidence, and insist on their consideration;
• appear at the hearing with a lawyer;
• demand an examination or the involvement of witnesses in the proceedings;
• read the resolution of the administrative group and sign it;
• protest the document with the traffic police or in court.

You can also come to the hearing, but do not testify against yourself. The right is granted by Article 51 of the Constitution of the Russian Federation. The need to appear should not be ignored. The analysis can take place without the participant in the accident, as well as making a decision, but in this case it will not affect either one or the other. In general, it is important to behave not as an observer or guilty in advance, but as a full participant in the procedure, and not succumb to pressure from the police.