The road is an area of increased danger. Even being on a zebra under a green light does not guarantee complete safety for a pedestrian. The reasons and consequences of the collision are different, as well as the responsibility for them.
Hitting a pedestrian within a pedestrian crossing a priori implies the driver's fault. The severity of the punishment is determined by various concomitant factors and ranges from administrative liability and a fine to imprisonment for up to 5 years. Responsibility for such an accident can be of two types: criminal and administrative.
Harm to health
The consequences of a collision are determined by a medical examination, the degree of damage to health is established (light, medium, severe). If after an accident the victim is on the "sick leave" for less than 3 weeks, the harm caused to health is considered mild, more than 21 days of moderate severity. The forensic medical examination issues a verdict of grievous injuries. Based on the results of the examination, a medical report is drawn up, which is attached to the case file.
Administrative responsibility
If the accident was the result of causing harm to health of mild or moderate severity, the case may result in an administrative penalty. The civil court will consider the materials of the case and will exact in favor of the victim from 5 to 8 minimum wages or deprive the driver of the driver's license for a period of 6-12 months, or impose an arrest for 15 days. If the driver has left the scene, the fine is increased to 10-15 minimum wages.
Criminal liability
It occurs when a pedestrian is seriously injured. Depending on the accompanying factors (being drunk, failure to provide first aid, etc.), the driver may face from 6 months to 5 years in prison (Article 264 of the Criminal Code of the Russian Federation). In addition, the offender is deprived of the right to drive vehicles for up to three years. In special cases (paragraph 6 of article 264), a driver who was intoxicated and guilty of the death of two or more people, the court may sentence him to 9 years in prison.
Amnesty
After 6 months after an accident and the opening of a criminal case, Russian legislation can amnesty guilty drivers if they are included in the list of convicts published by the "Resolution of the State Duma of the Russian Federation":
- minor;
- who committed a crime as a minor;
- a woman with minor children;
- pregnant woman;
- a woman over 55;
- a man over 60 years old;
- a man with children under 3 years old;
- disabled people of I - III groups.
This can happen both after and before the trial. After that, the victim will only have to submit to a civil court to claim material and moral damage from the guilty violator or to appeal to higher authorities.
