Contents
Hitting a pedestrian is perhaps one of the biggest fears of any driver. No one is safe from an accident with a pedestrian – even the most attentive motorist. A drunk person can accidentally go out onto the road, and a child, having played too much, run out onto the roadway to get the ball.
What to do if you hit a pedestrian
First of all, try to calm down and understand: a lot now depends on your actions. Sometimes drivers are frightened and want to run away from the scene of an accident, but remember: you should not do this. Most likely, in the age of surveillance cameras, video recorders and smartphones, they will still find you, but they will be judged in a completely different way. So, the main thing is to calm down and first of all think about how to help the victim.
First aid
So, if you hit a person, you need to stop the car, put up an emergency sign, and call the ambulance and the traffic police.
– An important point: the first thing you need to do is call the “Ambulance” and only then try to help the person on your own, – recommends Andrei Katsailidi, practicing lawyer, head of the law office “Katsailidi and Partners”. The sooner the doctors arrive, the better for the victim. I recommend the driver not to take on too much. If you can help by using the car first aid kit, for example, to stop the bleeding, feel free to do so. But, if the victim has serious injuries and fractures, it is better not to touch him, since illiterate actions can only aggravate the situation.
When to take an ambulance
“Even if it seems to you that you yourself will take the person to the hospital faster than the ambulance arrives, it’s better not to risk it,” the lawyer advises. – There are cases when a person from a painful shock can get up and go, even walk with you to the car, but this will harm his health. So, better wait for the doctors – they will help the victim and describe his real, unaggravated condition after the accident.
The same applies to a situation in which a person, it would seem, has no injuries. Wait for the doctors who can fix this fact – otherwise, then you will have to answer for the bruises that he received in a completely different place.
“Remember that if you help the person who was shot down, it will not only be right from a humane point of view, but will also be counted as a mitigating circumstance in court,” Katsailidi advises. – After all, if you hit a pedestrian, you will have to pay compensation to him, even if it happened by accident.
Should I call an ambulance
Yes, it is better to call the doctors anyway, even if at first glance it seems that everything is in order. The effects of an injury may not be visible visually or appear later. If a person categorically refuses, take a receipt from him that he has no claims.
What to look for when the traffic police arrive
Be careful with the traffic police. Tell how it was in great detail, for example, if a pedestrian staggered like a drunk before the accident, note it. Underline how the asphalt was: wet or dry? In short, pay attention to the smallest details.
Check that everything is described truthfully, pay attention to whether they recorded the presence of a braking distance on the road (this indicates that you tried to brake), see how all measurements are recorded and, most importantly, carefully read the document before sign him. If something does not suit you, make a note about it in the document.
“An important point: if possible, film everything that happens and take the phones of eyewitnesses,” advises Katsailidi. – In any accident, it will be a good help. It also makes sense to think about where there may be surveillance cameras nearby that could capture the moment of the accident. It happens that drivers relax, as a traffic police officer says, they say, you are not to blame, but the passenger is safe. But it is not known how the situation will turn later – what if the victim consults with his wife, and she tells him to go to court? Better make sure!
What to do if a person himself threw himself under the wheels?
“The only case that excludes compensation for non-pecuniary damage is if a person himself threw himself under a car,” says the lawyer. – Another question is that it is quite difficult to prove. Of course, if he has a note in his pocket, everything is clear. But usually it is still difficult to prove. In any case, the driver needs to be assisted in the same way as any other pedestrian.
What to do if the pedestrian was drunk?
Regardless of whether the pedestrian is drunk or not, you must help him and call an ambulance. Draw the attention of doctors to the fact that the person was drunk, and ask them to note this in the documents, as well as to conduct an examination. In the future, this may become an important touch to business. But remember: the intoxication of the victim still does not relieve you of responsibility.
What to do if you hit a child?
If a child gets under the wheels, be sure to call the traffic police and an ambulance – even if he does not complain about anything. Children are sometimes afraid to tell adults that something hurts them, or they cannot accurately determine the nature of the pain. After that, the driver should ask for the phone of the parents and call them himself. Try to talk calmly and objectively describe the situation, ask to come. If your parents get upset and start yelling at you, do not react with aggression and in no case threaten.
What to do if a person dies?
“If you understand that the pedestrian died on the spot, follow the familiar algorithm: call the ambulance and the traffic police,” the lawyer says. – Many people think, they say, why does a person need doctors if he has already died? In fact, they should record death.
What should I do if a pedestrian leaves the scene of an accident?
On the one hand, the driver may be happy: since the pedestrian just left, it means that he has no complaints and feels great. But sometimes the realization of what happened comes later, and the victim himself can contact the traffic police. In this situation, the driver may be charged for the fact that he essentially left the scene of an accident. So, it’s better to stop, get on the emergency gang and call the traffic police yourself, and then give explanations on the situation.
“On the one hand, this is quite legal, so you can resolve the conflict on your own,” says Katsailidi. – On the other hand: no one guarantees that in a week the pedestrian will not appear again and will not say that his pain has intensified, so he demands additional compensation. Make a decision depending on the situation, but do not forget to take a receipt that the victim has no claims against you.
What to do if a pedestrian deliberately threw himself under the car and asks the driver for money?
First of all, call the traffic police and doctors – usually scammers prefer to hide already at this stage, because it is not at all profitable for them to “shine”. If they continue to put pressure on you and threaten you, do not respond to offers to pay off. Calmly offer to wait for the traffic police and, if the “victim” does not need first aid, start taking pictures of the car and the environment: road signs, pedestrian crossing. Ask for phones from witnesses, make sure that the DVR recorded the moment of the accident. If you come across a scammer, this will scare him away, and if you really hit a person and didn’t notice it, it will help to understand the circumstances of the accident.
Liability for hitting a pedestrian
If the driver knocked down a pedestrian, he will be held responsible. It can be civil, administrative and criminal. It depends on how badly the person is hurt.
Civil responsibility
If a pedestrian received a slight injury to his health (that is, he can recover within 21 days), this is a zone of civil liability. The driver must help financially: pay the amount that a person will not receive at work due to an injury, as well as pay the costs of treatment and compensate for moral damage.
Punishment for no harm
“Even if a person was not injured, he can demand “moral compensation,” Katsailidi shares his experience. – It happens that he doesn’t even have a bruise, but he says, they say, it hurt, and he receives, albeit a small, but still payment.
Administrative Responsibility
This type of liability occurs in case of harm of light and moderate severity: for example, if there is no threat to life, but even in three weeks the victim obviously will not recover. Here the driver will have to be punished depending on the situation.
Penalties for hitting a pedestrian
| Minor health hazard | fine from 2500 to 5000 rubles or deprivation of rights for a period of 1 to 1,5 years |
| Average harm to health | fine from 10 to 000 rubles or deprivation of rights from 25 to 000 years |
Criminal liability
If, as a result of a collision, a pedestrian has received serious bodily harm or died, the driver will be liable under the criminal code. The punishments there are more serious: a simple fine will not get off.
Severe harm to health – restriction of freedom up to 3 years, forced labor up to 2 years, arrest up to 6 months, imprisonment up to 2 years.
Death of a person – forced labor up to 4 years, imprisonment up to 5 years.
“When hitting a pedestrian, there may be aggravating circumstances, for example, drinking alcohol or violating traffic rules,” says the lawyer. – There may also be mitigating factors, for example, having children, disability, sincere repentance or helping a pedestrian at the scene of an accident
What compensation can be given?
“The amount of compensation is different: for example, in Yekaterinburg, in practice, you can get about 50000 rubles for light damage, 100 for moderate damage, and 000-300 if your health is seriously harmed,” says the lawyer. – But everything is individual.
When to Contact a Lawyer
“In any case, I recommend consulting a lawyer, as he can tell you how to protect yourself after an accident,” advises Katsailidi. – Even if you do not need a lawyer in court, then come at least for a consultation – a specialist will prepare you and tell you how to act correctly.