Punishment for a pedestrian hit at a pedestrian crossing. Traffic rules: pedestrian crossing

Road accidents include not only car collisions, but even collisions with pedestrians. This situation can happen even at a pedestrian crossing, for example, if the driver does not notice a person or cannot stop the car for various reasons. The punishment for a pedestrian hit in a crosswalk can vary. It depends entirely on what kind of damage the citizen received. If such a situation ends in the death of a pedestrian, then the driver will bear criminal liability, represented by imprisonment for a long period of time.

Features of the incident

Every driver must give way to people crossing the road at a pedestrian crossing. This crossing may be regulated or unregulated, but car owners must in any case slow down in front of the corresponding sign.

When considering each case, the degree of guilt of the immediate pedestrian and the nature of the damage that was caused to him as a result of the collision are taken into account. Punishment for a pedestrian hit at a pedestrian crossing may be imposed under administrative or criminal law. At the same time, it is important that after the collision the car owner takes some mandatory actions aimed at improving the condition of the person who was hit.

What to do in such a situation?

According to traffic regulations, a pedestrian crossing is intended for the free and safe movement of citizens. Therefore, all motorists must stop before the appropriate sign and markings. But if the driver does not have time to brake and therefore hits a citizen, then he must know what actions need to be taken in order to minimize the damage caused and help the person. For this, the following rules are taken into account:

the car stops immediately;
The emergency lights turn on and a warning triangle is displayed;
it immediately becomes clear in what condition the downed person is;
It is not allowed to move objects related to this traffic accident in any way;
if possible, first aid is provided to the victim;
An ambulance and police officers are called;
if the damage caused is minor, then the driver can clear the roadway so as not to create obstacles for the passage of other cars, but first the scene of the incident is recorded on video or photographs;
if a pedestrian needs urgent medical care, then there is no need to wait for an ambulance, it is important to try to quickly deliver him to the hospital yourself, for which you can use your own car or the cars of other drivers who are traveling in the right direction;
if the driver himself delivers the victim to the hospital, then he must tell the employee of the medical institution his full name, car number and passport details, since only in this case it will be impossible to accuse him of leaving the scene of an accident.

The punishment for a pedestrian hit at a pedestrian crossing depends on the correctness of the actions performed by the motorist. If the citizen was taken to the hospital, the driver must return to the scene and wait for the police.

Accident with a pedestrian at a pedestrian crossing - what to do

The driver's procedure for colliding with a pedestrian at a pedestrian crossing is as follows:

Stop the car and turn on the hazard lights.
Protect the victim by isolating him from other vehicles.
Put up a warning triangle.
Call an ambulance and traffic police patrol.
Turn off the dash cam recording (if you have one) to save a recording of the accident.
Provide first aid to the victim (if you have the skills).
Wait for the services to arrive and be present when the protocol is drawn up.

Do not let the victim leave the scene of the accident, as he may be in an inadequate state due to shock or later file a statement with the police about the incident, indicating that the driver left the scene of the accident.

Article on the topic: If a car hits a pedestrian: instructions for all participants in the accident + consequences and procedure for incidents where animals are hit

For some tips on what a driver should do when hitting a pedestrian, watch the video:

Features of administrative responsibility

When is administrative responsibility used? It is provided if the pedestrian is harmed slightly or moderately. In this case, on the basis of Art. 12.24 of the Code of Administrative Offenses the following types of punishment may be applied:

in case of a mild degree of harm, a fine of 2.5 to 5 thousand rubles is paid, and the driver is deprived of his license for a period of 1 to 1.5 years;
if the average severity of the harm is established, then the fine increases, so it ranges from 10 to 25 thousand rubles, and the period of deprivation of rights varies from 18 to 24 months.

The specific type of punishment is established by the magistrate, who carefully studies all the circumstances of the traffic accident. If the fault of the pedestrian who deliberately jumped onto the road is revealed, then the driver may not be held accountable at all. But for this there must be reliable evidence, which is most often represented by recordings from video cameras or a recorder installed in the car.

What happens if grievous bodily harm occurs?

An accident at a pedestrian crossing can cause serious harm to the health of citizens. Under such conditions, the driver, even if he takes all necessary actions after the accident, bears criminal liability. The specific punishment is chosen by the judge after examining all documents and evidence. It can be presented in the following forms:

forced labor for up to two years;
imprisonment for three years;
restriction of freedom for up to three years;
arrest for six months;
deprivation of rights for three years.

The timing is determined depending on the actual damage caused to the pedestrian.

In case of death

If a driver hits a pedestrian at a crosswalk, this is a serious offense, so even if the person does not suffer any injuries, he will still be held accountable.

If a pedestrian dies, then a criminal case must be initiated. Based on Art. 264 of the Criminal Code the following penalties are applied to the driver:

forced labor for up to 4 years;
imprisonment for up to 5 years;
revocation of rights for up to three years.

Therefore, if a driver hits a pedestrian, he will have to prepare to bear responsibility for his illegal actions. In case of death, imprisonment is almost always imposed, and in addition, the court deprives the citizen of his driver’s license.

If it is established that the driver was intoxicated while driving the car, then the punishment for him will be toughened. According to Part 4 of Art. 264, imprisonment for a term of 2 to 7 years is imposed, as well as deprivation of rights for three years.

Punishment of a driver for a collision under the Civil Code of the Russian Federation

Article 1064 of the Civil Code states that anyone guilty of causing damage to another citizen must be punished. Hence the conclusion is that if, as a result of a traffic accident involving a pedestrian, any property was damaged (phone broken, clothes torn, accessories lost, etc.), the guilty driver is obliged to compensate for the damage.

Article 1085 of the Civil Code also prescribes the responsibility of the culprit to compensate the pedestrian for the harm caused in monetary terms, including:

income not earned at work, lost due to health conditions;
payment for treatment, including medications, outside help (for example, a nurse) and others.

Typically, all these costs fall on the shoulders of the insurance company, since today the driver’s liability is necessarily insured under the MTPL program. It is worth noting that there are maximum amounts:

insurance covers up to 400 thousand rubles for property losses of victims;
up to 475 thousand rubles for harm to health;
25 thousand rubles – costs in case of death (for burial).

If the court decides to pay a large amount, the culprit will have to do so.

Payment of compensation to a pedestrian

If people are hit by a driver at a pedestrian crossing, then the victims have the right to demand that the car owner receive a certain amount of money, represented by compensation. It can be used to pay for treatment or cover moral damages.

If the person responsible for the accident has compulsory motor liability insurance, the pedestrian can contact the insurance company to receive compensation, which is then used to pay for treatment. But companies pay an amount not exceeding 500 thousand rubles. The remaining funds, if they are required to continue treatment, are transferred by the direct culprit of the road accident. Money can be paid by a citizen voluntarily, but if he refuses to independently cover the expenses of the victims, then people can go to court to forcefully collect the funds.

Based on Art. 1079 of the Civil Code, cars are sources of increased danger, so even if there is no fault on the part of the driver, he will have to pay compensation to the victims. He can be released from liability only if there is evidence that the victim had direct intent, so he deliberately jumped in front of the car.

What it is?

An accident resulting in a collision with a pedestrian is considered as:

an incident where a vehicle collided with a pedestrian - an adult or a child;
An accident when a person independently collided with a moving car and was hit by a car.

A collision between a vehicle and a pedestrian can occur if the pedestrian:

went out onto the roadway without making sure that there was no danger for him and other road users;
ran out onto the road or stayed on it without justified reasons;
crossed the roadway in the wrong place;
crosses the road lane in poor visibility conditions.

Important! To ensure safe movement on the roadway at night or in the evening, pedestrians are recommended to wear reflective elements on their clothing.

Collection of compensation for moral damage

According to traffic regulations, a pedestrian crossing is intended directly for people who can safely cross the road. Therefore, if a driver runs into a citizen for various reasons, he will have to bear responsibility for illegal actions. The victim can even go to court to seek compensation for moral damage. In this case, the following nuances are taken into account:

even if the driver is not held accountable, the pedestrian can recover this amount of money from him;
the amount of the amount must be justified, but at the same time the judge independently determines the final amount, for which he takes into account what kind of moral suffering the citizen had to face, as well as what mental state he is in;
the requested amount does not depend on the fine that the culprit of the accident had to pay.

During the consideration of this case, the judge may request various documents from medical institutions or the police. If, even after a court decision, the driver refuses to pay the due amount to the victim, the money will be forcibly collected through the bailiffs.

Is it possible to avoid punishment?

The penalties for a pedestrian struck at a crosswalk are truly severe. Therefore, almost every driver thinks about the possibility of avoiding responsibility. To do this, consider the following tips:

in order to avoid the tricks that unscrupulous citizens deliberately use when deliberately jumping under the wheels of a car, it is advisable to use a video recorder, the recording from which will serve as significant evidence of the driver’s innocence when the case is considered in court;
if the injuries inflicted on the pedestrian are not too severe, it is not recommended to take him to the hospital yourself, since it is advisable to remain at the scene of the incident and wait for doctors and police;
if the driver is sure that he is not at fault, then after the accident he needs to perform certain actions in accordance with the requirements of the traffic rules, and also record all objects on video or photographs in order to defend his rights in court.

All drivers are required to give way to pedestrians moving along the appropriate crossing. If they hit a person, then no amount of tricks or legal advice will help them avoid liability, and this is especially true in a situation where the victim receives serious injuries or even dies.

What to do if a pedestrian offers to “negotiate on the spot”

“Pay me 10 thousand and we’ll forget what happened,” said the pedestrian after Nikolai hit him. The driver was in a hurry and did not want to wait for the traffic police or an ambulance. Moreover, the collision was insignificant (Nikolai started to brake in time and slightly touched the man) - the victim is firmly on his feet and looks quite healthy.

On the one hand, it is easier for the driver to resolve the conflict on his own. But who will guarantee that the pedestrian will not go to the hospital the next day due to a deterioration in his condition and will not demand additional compensation? If the case goes to court, it will be difficult for the driver to prove that he did not flee the scene of the accident.

Look at the situation. If the damage really does not cause concern and the victim himself demands that the problem be resolved immediately, then take a receipt stating that he has no claims against you.