Left the scene of the accident consequences punishment. What to do if you left the scene of an accident? Consequences for the driver

It is considered that for abandonment accident scene punishment will follow in any case. But perhaps there are exceptions to this rule. Let's start to figure it out.

First, it is worth understanding what the law considers a traffic accident and what punishment is provided for it: a fine, deprivation of rights or criminal. Paragraph 1.2 of the traffic rules defines a road traffic accident as a negative event that occurred while the vehicle was moving or while transporting goods on the road. Sometimes road accidents are accompanied by serious injuries to people. If this happens, the culprit faces criminal penalty. Caused only material damage vehicles, cargo, structures - the degree of punishment is determined by the Code of Administrative Offences. A fine or deprivation of rights for a long period is imposed.

Administrative punishment

Traffic police statistics for 2015 determined that the majority of accidents occurred due to the fault of people driving. Two main reasons have been given: traffic violation and vehicle malfunction. The type and degree of punishment are defined in the Code of Administrative Offenses (Chapter 2, Article 27). The organizer of an accident must receive a fine of 1000 rubles (point 1). If the culprit of the accident left the scene of the accident, then deprivation is due driver's license for a period of up to 1.5 years or administrative detention for 15 calendar days (clause 2). If a participant in the incident decides to leave (a driver who is not to blame for the incident), there will also be a fine for leaving the scene of an accident (point 2).

The most frequently recorded offenses involve:

• collision of a vehicle while driving (including with cyclists);
• collision of a car with a parked vehicle;
• collision of a vehicle with a road structure;
• hitting a stationary object located on the road;
• overturns the vehicle due to control errors;
• collisions with pedestrians.

It is allowed to exclude mild cases from road accidents. For example, car collisions leading to minor scratches on the body. The conflict can be resolved on the spot: the culprit is allowed to compensate for material damage.

Allowed to leave

It is useful to study Resolution No. 1090 (issued in 1993, but revised in 2016). Section 2 “General responsibilities of drivers” defines the conditions under which it is permitted not to be punished for leaving the scene of an accident.

Paragraph 2.6.1 defines the conditions when you can leave or tow the car to a safe place. You are allowed to leave if only property damage is found. But first, using any video recording equipment, you need to record the location and location of the vehicle on the road, objects and signs of braking (if any), damage to the vehicle. It is also necessary to photograph the surrounding environment (at home, road signs). Anything that identifies the situation and conditions of the collision. This will allow us to determine the size of the punishment for the culprit in the future. Then the driver must (requirement 2.6.1) clear the road to resume traffic traffic flow. Therefore, Article 27, regarding deprivation of rights, cannot be applied by the inspector.

Clause 2.6 obliges to provide medical assistance to people who were injured as a result of the accident.

Driver's procedure: first you need to call ambulance and call the police, then fulfill the conditions indicated in paragraph 2.6.1. When the ambulance’s arrival is delayed and there is no other vehicle, the person responsible for the accident must take the victim to the hospital himself. Accordingly, for leaving the scene of an accident in this case, according to the rules of the Code of Administrative Offenses, there is no additional punishment. The hospital must record: the driver’s passport details, car number and time of delivery of the wounded person. Then you need to get to the scene of the accident as quickly as possible. Leaving the scene of an accident to transport the victim is regarded in court as a mitigating circumstance.

Accidents without serious consequences

Responsibility for leaving the scene of an accident after minor accidents is not assigned. There is a period that is considered administrative detention. According to the Code of Administrative Offenses (Article 27.5) it is three hours. The start of the report is the time of the first call to the police. If traffic police inspectors have not arrived during this period of time, you need to make a second call and inform them that you are leaving. Accordingly, deprivation of rights will not apply. Beforehand, participants in an accident must formalize mutual claims in writing. If the cars are insured, this must be done in the presence of auto insurers. If these instructions are not followed, troubles may follow during mutual settlements between auto insurers.

Registration of an accident

Resolution No. 907, in force since July 1, 2015, allows you not to notify the police about an accident. This method of registration is acceptable if the participants in the incident do not disagree on the assessment of property damage. The document states “not required,” but stipulates: first, you must fulfill the conditions for recording all the details of the accident and draw a diagram of the location of the cars on the road. Then you need to go to the traffic police post located near the accident site (allowed to the police department) for the final processing of all documents. For leaving the scene of an accident, the punishment provided for by the Code of Administrative Offenses in the form of confiscation of the culprit’s rights will not be applied. According to the rules of the Administrative Code, he will be offered to pay the standard amount (1000 rubles).

Special conditions of use

The Code of Administrative Offenses provides for conditions that make it possible to reduce or even completely eliminate the maximum penalties for leaving the scene of an accident. In part traffic The judge uses Article 4.2 of the Administrative Code, paragraphs 8 and 10. Departure from the scene of an accident in a state of passion or in cases of life-threatening circumstances for passengers. For example, if the driver was urgently transporting a relative to the hospital and caused an accident. The judge assesses the damage from the accident and possible harm for ignoring the requirement to deliver the patient to a medical facility (a situation of emergency). The driver's license may not be deprived, but the damage will still have to be compensated.

Punishment for leaving the scene of an accident will definitely be imposed if the culprit did it consciously. And it doesn’t matter when: immediately after calling the police or before representatives of auto insurers arrive. Violators are often quickly found. The punishment will be much more serious when it is discovered that he is drunk. For this, the Code of Administrative Offenses provides for deprivation of rights for 2 years and an additional fine of 30,000 rubles. The rules prohibit drinking alcohol until medical examination. The biggest punishment faces the organizer if he fled after committing an accident in which people were injured. Then his action is assessed as leaving him in danger. The court will decide what the punishment will be, but the law will not impose less than 4 years. In this case, deprivation of rights for 5 years or even longer is possible.

Statute of limitations

The law actually gives the driver, the organizer of an accident without serious consequences, the opportunity to hide for three months, then continue driving the vehicle. Chapter 4 of the Code of Administrative Offenses is in effect (Article 4.5 - statute of limitations). Only 3 months are allotted to catch the culprit. If during this period the culprit is discovered, then he will remain without rights for the maximum possible period that the judge deems necessary to determine.

The statute of limitations in case of death can be 10 years (Criminal Code of the Russian Federation for grave violations of the law). In any situation, you should not hide from responsibility.

Hidden from the scene of an accident - punishmentinevitably. Many drivers know about this, but for some reason they don’t pay attention to it. of great importance. But in vain, since leaving the scene of an accident can entail quite serious legal consequences. We will talk below about how the driver will respond for leaving the scene of an accident.

Leaving the scene of an accident

If the driver left the scene of an accident and the police became aware of this, then sanctions may be applied to him in the form of:

• deprivation of the right to drive a vehicle for a period of 1 to 1.5 years;
• arrest for 15 days.

The extent of liability for leaving the scene of an accident is determined by the court on the basis of a protocol drawn up by the traffic police and depends on the severity of the accident, the characteristics of the driver, the presence of victims, etc.

If you fled the scene of an accident (left the scene of an accident), what happens?

Leaving the scene of an accident (driving without authorization) is a serious offense. It is important to note that even if both drivers agree on the causes of the traffic accident, the amount of damage caused and the cost of restoration, they must remain at the scene of the accident until the traffic police arrive. They must take all reasonable steps to preserve the accident scene as it was at the time of the accident. At the same time, detour traffic for other vehicles must be organized.

Don't know your rights?

It is possible to move colliding vehicles, but there must be a very good reason for this - for example, if it is simply impossible to get around the accident site in any other way.

However, colliding cars can only be moved if the parties have witnesses to the incident who can provide full picture happened, and the owners of the colliding cars have no disagreements regarding the events that occurred and the damage caused. In this case, it is necessary to compile detailed diagram traffic accident, certified by the signatures of witnesses and vehicle owners.

You also need to remember that if the documents are not completed, then in addition to administrative liability, problems with compensation for damage are possible. Even if another party is at fault for the accident, it may be impossible to prove damages in court and recover compensation.

When can you leave the scene of an accident without being held liable?

The law defines several cases when you can leave the scene of a traffic accident:

1. If as a result of an accident there is a victim who needs health care, the driver has the right to leave the scene of the accident in order to take him to a medical facility. In this case, no punishment is imposed for leaving the scene of an accident. But after this, the driver is obliged to return to the scene of the accident. In addition, he is obliged to record, in the presence of witnesses, the position of the vehicle, evidence, traces and other objects that may be needed to restore the picture of what happened, and take measures to organize a detour to the accident site.
2. If both drivers (and it is possible to drive away without waiting for traffic police officers only if no more than 2 vehicles were involved in the accident) have compulsory motor liability insurance policies, they have no disagreements regarding the accident that occurred, there were no casualties in the accident and only property was damaged (slightly This will be discussed in more detail later).
3. You can also leave the scene of the accident in order to independently get to the nearest traffic police post for the purpose of further paperwork. In this case, drivers, as in the previous case, must have a common opinion about how the accident occurred and what damage the cars received, as well as draw up a diagram and attest to its correctness with their signatures. In addition, there should be no victims in this situation. Otherwise, you will have to act either as indicated in paragraph 1, or wait for the police and ambulance to arrive.

Leaving the scene of an accident when drawing up a European protocol

The law allows for a situation where you can draw up documents on the spot and leave the scene of an accident without waiting for the inspector. This procedure is called the Europrotocol. It applies if there are only two participants in an accident, they agreed among themselves and none of the people were injured. In this case, drivers are required to fill out an accident notification form provided for by the law on compulsory motor liability insurance - this document is also called a European protocol (for more details, see. How to file an accident without the traffic police? The procedure for registering an accident according to the European protocol ).

It is important to say that payments under it are limited: since August 2015, the amount of payments has been no more than 50 thousand rubles (only for drivers who entered into an MTPL agreement after August 2, 2014).

Although the law provides for exceptions to general rule, it is better to spend time and wait for the traffic police officers, so as not to encounter more serious problems later. The only exception, perhaps, is the European protocol, but, on the other hand, no one guarantees that later you will not have to waste time if Insurance Company decides to conduct an examination of your car.

These are penalties that are prescribed in the law to their maximum extent. Under certain mitigating circumstances, the degree of liability may be somewhat mitigated by the court, but not exceed what is established by the Criminal Code.

If it's not your fault

The presence or absence of guilt in the first seconds of the accident, as well as in the subsequent time until the proceedings find their solution, does not in any way affect the fact of leaving or not leaving the scene of the accident.

Guilt is established during the investigation, preferably with a traffic police officer, unless, of course, you amicably resolve these problems with the other party to the accident. By law, both parties are required not to leave the scene of an accident on the road.

However, if you still managed to leave, and then wonder what you are now facing, then you should know that the law does not provide for any fines in these cases. If you are found out, your license will simply be taken away for a year or a year and a half, and that’s all.

If there is no damage and claims by both participants

One of the conditions of the Road Traffic Rules of the Russian Federation, which allow for those moments when it is quite reasonable to leave the scene of a road accident, is the mutual consent and agreement of the participants in the accident, as well as minimal damage caused to cars, or the absence thereof.

In addition, those cases are also considered when the accident did not cause any damage or harm to the health of the passengers in the vehicle that collided with another car or the drivers who were participants in the incident.

In such situations, it is quite acceptable for drivers to leave the roadway where a minor collision occurred, and there is also no need to call traffic police inspectors to investigate and record protocols.

How to mitigate the punishment

It should be noted that those responsible for road accidents, the consequences of which are severe or moderate, as well as the complete death of the injured party, are brought to criminal liability.

The first and most important mitigating circumstances are, first of all, assistance in transporting victims of a road accident to the hospital as soon as possible, whether it is the driver of another car, a passenger or a pedestrian.

In these cases, generally leaving the scene of an accident will not be considered a malicious violation, and will serve as significant evidence of the involvement of the culprit or an innocent participant in the process of providing first aid, which is regarded as an action under the law.

To mitigate the punishment for escaping from the scene of an accident, concepts such as “last resort” or “extreme necessity” are usually used. These include those situations in which the fact remains clear that someone’s life and health depended on the actions of the driver who left the scene of the accident.

Therefore, the judicial authorities primarily pay attention to these points. All excuses such as being in a hurry and being late for work, etc. will not be taken into account by the court as a mitigating circumstance.

The degree of guilt of the driver can also be mitigated if the medical examination, which he can undergo immediately after the accident, proves his state of shock and affect, in which he spontaneously decided to leave the scene of the accident.

How to prove innocence

Evidence of your innocence must comply, first of all, with the Rules of the Road. In Russia, such Rules clearly state those situations when the place where an accident occurred on the road can be left with impunity.

Such situations may include the following cases:

1. When the results of the initial collision were captured on video or a photographic recording device.
2. In case of an obstacle and blocking of heavy traffic, when there is a high probability of causing another accident. Also, the location in these circumstances is left subject to prior filming of the collision.
3. If the condition of the victims is critical, it is possible to stop passing car no, then the participating driver, who suffered less than others from a car collision, is allowed by law to take the wounded himself to the first medical facility.
4. In the event that the condition of the victim outside of the accident is critical, for example, it was necessary to take the child to the hospital to urgently, and then got into an accident, then the court may consider this case according to the principle: the harm caused, according to the degree of severity, turned out to be less harm prevented (based on Article 12.27 Part 2 of the Code of Administrative Offenses of the Russian Federation).
5. It can also be proven by somehow confirming the fact that the driver did not actually notice the slight collision with another car, and therefore drove away from the scene.

Whatever the situation on the road when a collision occurs with other cars, if there is no emergency and you are of absolutely sound mind, then the best option The primary action will be not to leave the scene of the accident.

If you cannot subsequently prove your innocence, and have already left the scene of the accident, you should contact the traffic police yourself with a confession, so to speak, where you can write an explanatory note describing all the arguments that are the factors that pushed you to the decision to leave the place accident and drive away.

Every driver must be prepared to bear responsibility for an accident or provide first aid to someone injured in an accident.

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Today, it often happens that drivers leave the scene of an accident. And here it doesn’t matter at all what kind of car the offender has - a cheap Zhiguli or an expensive foreign car (for some reason among drivers they believe that in the second case one can easily avoid punishment).

What does leaving the scene of an accident mean?

According to the Federal road accident legislation- this is an event that occurred during the movement of a car along the roadway and with its participation, but provided that:

• it resulted in injury or death;
• cargo and buildings were damaged;
• vehicles were damaged;
• this resulted in other types of material damage.

Therefore, even if only one car was involved in an accident, but it led to one of the consequences described above, then this is officially considered an accident. As for the abandonment itself, it involves the driver hiding from the scene of the incident (in violation current Rules and laws), who became its participant.

What should you do after an accident?

If you become involved in an accident, you are required to take the following actions:

• stop the car (you can’t go anywhere);
• turn on the emergency lights;
• display a special sign;
• do not touch anything that may be related to the incident;
• call an ambulance if there are victims;
• if an emergency arises, you can take the victims to the hospital in your car, but then you must return back.

If you or another participant escaped, then you can count on a fairly serious punishment.

Punishment for leaving the scene of an accident

According to the 2nd part of Article No. 12.27 of the Code administrative offenses the driver may face arrest for 15 days or, alternatively, deprivation of his driver’s license for up to one and a half years.

On a note! The statute of limitations for leaving the scene of an accident in this case is only 3 months.

Despite this, many still prefer to leave the scene of the incident in the hope of avoiding possible consequences. And if this was done by the culprit of an accident in which you also had to take part, then follow the algorithm of actions given below.

See what to do: both left the scene of the accident:

What to do if the other party involved in the accident leaves the scene?

You should calm down, there is no need to panic at all. The accident has already happened, nothing can be changed, but you can make sure that you do not “lose” from an incident in which it is not your fault.

1. Start by marking the location of the accident . Complete all the steps listed in the previous paragraphs of the material. After all, if you ignore the simplest safety rules, then the arriving traffic police officers may accuse you of an administrative offense.
2. The car and other items related to the incident must not be moved. . Draw up a rough diagram of the accident, if possible take several photographs (you can even use your mobile phone).
3. Find witnesses to the incident . In order to prove the guilt of the participant who fled the scene, not only your testimony will be required, but also the testimony of witnesses to the incident. Exchange contact information with all people who saw the escaped culprit. Video recordings from passing cars will also be very useful.
4. Yes, the search for a runaway car owner should be primarily carried out by traffic police officers, but, as you know, no one will help you except yourself. For this reason note all details at the scene of the incident – they may be useful to the investigation in the future.

If I left the scene of an accident: responsibility and correct actions

We have already figured out what should be done after a traffic accident and what will happen if you flee the scene. Therefore, this is definitely not worth doing. However, there are a number of situations in which the law allows you to leave the scene of the incident. Let's get to know them.

Situation No. 1

If the victim urgently needs to be taken to hospital . In this case, you can use your vehicle, but be sure to come back later.

Situation No. 2

If it is necessary to clear the road because the movement of other vehicles has become impossible due to an accident. But before this you are obliged (in fact, as well as before transporting the victim to the hospital):

• find witnesses and exchange contact information with them;
• record the position of the car (witnesses must also be present) and draw up a rough diagram for eyewitnesses to sign; If possible, take several photographs or record everything on video;
• call the traffic police squad and wait for its arrival (except for the need for urgent medical care for the victim).

Situation No. 3

If the participants in the accident agree on the assessment of the situation (who is wrong, who is right). In this case, there is also no need to wait for the police. Draw up a diagram of the accident together, and then go to the nearest traffic police post to report what happened.

On a note! The accident diagram should be as detailed as possible, indicating real landmarks (numbers of road supports or houses), road markings and other things.

Situation No. 4

If only two vehicles were involved in the accident, and the total amount of damage caused is no more than 25 thousand rubles, then the situation can be resolved on the spot without the involvement of traffic police officers.

However, even in this type of case, you must:

• draw up a diagram (two copies with signatures of the participants are needed);
• check if there are any victims;
• check if the third one was damaged vehicle(after all, if, for example, one of the cars was traveling with a trailer, and it was damaged as a result, then formally three vehicles were already involved in the accident);
• check whether the other participant has compulsory motor liability insurance and is allowed to drive a car;
• Finally, make sure you both have the same assessment of the extent and cost of the damage.

As for your further actions, they will be taken only after contacting the insurance company.

In other cases, you cannot leave the scene of the accident. So, in this case, it will not be a good reason that you:

• you are late for work;
• catch up with the second participant in the accident, who escaped;
• you don’t have time for some event;
• you are taking your child for vaccination (but only on the condition that his life is not in danger).

On a note! You cannot leave the scene of an accident, even on foot, leaving the vehicle and an explanatory note. For this you can also receive the punishment described above.

Bottom line: how to avoid liability for leaving the scene of an accident

You will not be punished for leaving the scene of an accident in just two cases.

1. If you haven't actually noticed that you've caused an accident . Here, you do not face punishment for leaving, because you did not know about what happened. But if you did it intentionally, then nothing can be done.
2. If this was done due to emergency .

As you can see, there is still no need to leave the scene of an accident, except in some emergency situations.