The car has long ceased to be a luxury and has become a means of transportation for a large number of Russians. But along with comfort, unfortunately, the number of road accidents has increased significantly.
Therefore, in order to react correctly if necessary, you need to know not just the definition of an accident, but also its types, causes, behavior of participants and so on. This will be discussed in this article.
Accident: Definition
Let us first understand the basic concepts. The definition of an accident is contained in Russian law. Of course, it is possible to formulate what a traffic accident is in different ways. But the meaning remains one.
Let us give a definition of an accident: this is an event that occurred on the road during the movement of the vehicle and with its direct participation. As a result, vehicles or structures, goods, buildings, other material objects are damaged, as well as people suffer or die.
We got acquainted with the definition of an accident. If it is classified as a minor incident, it is allowed to be resolved without the traffic police.
Kinds
Classification is available in Russian law. The main types of accidents are as follows:
1. Collision.
2. Tipping over.
3. Hitting:
- On a standing vehicle.
- To an obstacle.
- On a pedestrian.
- On a cyclist.
- On horse-drawn transport.
4. The fall of the passenger during the movement of the vehicle.
The law also provides for other types of accidents and the reasons for their occurrence. If there was a traffic accident that cannot be qualified in the preceding paragraphs, it shall be referred to a different form.
Members
This category includes persons who took part in a traffic accident. This can include not only car drivers, but also pedestrians, cyclists and animals (the latter are classified as obstacles).
Participants include perpetrators as well as victims. The first type of questions does not arise. But as for the victims, it should be added that, in addition to the fact that they include people who suffered as a result of a traffic accident, they can also be those who were passengers of a participant in an accident that was found guilty. A victim as a result of an injury may be classified as “wounded” or “dead”. If, due to injuries during an accident, a person died within thirty days, he belongs to the category of “deceased”, which, of course, will affect the responsibility of the guilty person.
Scheme
Any accident must be documented. One of the documents is a schematic map. In other words, this is a graphic representation of the scene of an accident.
The document should display:
- ground plan;
- road conditions;
- transport situation;
- traces and material objects related to a traffic accident.
All this information is displayed on a special form where the traffic police officer is required to record details.
When drawing up the scheme, other participants are involved. Be sure also the presence of witnesses.
Nuances
When making an accident, participants need to be very careful. This is especially true for victims. The document must reflect:
- signatures of an official;
- objectively drawn up scheme;
- signatures of witnesses.
If the participants do not agree with the drawn up scheme, they should write about it in the explanation and sign it there. You can then turn to professionals who specialize in such matters. They will help to make the right decision on this issue and prove guilt.
Documents
Among the documents drawn up by the traffic police are the inspection protocol. This is one of the main documents. In its introductory part, accident factors, place, time, weather, road conditions and drivers, eyewitnesses, and witnesses are recorded.
The narrative displays:
- roadway condition;
- accident coordinates;
- vehicle damage.
At the end, the perpetrators are qualified.
The scheme of the accident, the description and explanations of the participants and eyewitnesses are not issued. If an accident has led to serious consequences, then officials additionally draw up:
- vehicle inspection and verification protocol;
- certificate of medical examination of participants;
- a certificate of accident issued to the participants of the accident with which they apply to the insurance company.
The culprit is also given a receipt that he received a copy of the protocol on an administrative offense.
Circumstances: time of year and day
It often happens that the main types of accidents with a car occur when the driver cannot prevent them. This happens, for example, if circumstances are associated with weather anomalies or the time of day.
Somewhere there was no warning sign, in other places there was no lighting. However, despite this, the driver remains always guilty of an accident. The definition of traffic rules in this case states that the driver must comply with the high-speed mode, taking into account weather conditions, traffic, lighting and so on.
In most cases, the traffic police officer writes that the driver lost control and does not draw up an act on what road surface was at the scene. Meanwhile, you should be aware that traffic police are responsible for the condition of the roads.
How to be in this case? Records should be made that the road surface was in poor condition or there were no warning signs. The explanation indicates that the coating did not comply with GOST and the road service did not ensure the proper condition of the road.
This fact should be indicated in the scheme. Then through the court it will be possible to appeal the guilt and file a claim for damages.
If the accident occurred due to the fact that there was no lighting on the road, the situation will be more difficult, since the vehicle must have all the technical means of lighting.
Rules of conduct for participants
The SDA contains many concepts, including the definition of an accident. The rules also sign the actions of the participants if they had an accident.
- First, the vehicle should be stopped. You can’t leave, even if the accident was insignificant. An exception can only be if the drivers themselves agreed, drew up a plan and went to fill out what happened.
- Secondly, you need to turn on the emergency gang.
- Thirdly, they put a warning triangle.
- Fourth, if necessary, take measures to provide medical care. At the same time, they call an ambulance, help on their own, deliver to a medical institution along the way or on their own transport. In the latter case, after the hospital, you should return to the scene.
- Fifthly, having fixed the location, the roadway is freed if possible.
- Sixth, cause the traffic police. At the same time, objects related to traffic accidents should not be moved.
- In addition, it is necessary to attract eyewitnesses. And when the protocol will be drawn up, watch how it is filled.
Unfortunately, accidents happen when a drunk driver becomes a participant . He can be either the culprit of the accident or the person injured. The culprit is better not to provoke the situation, but to wait for the traffic police. The case of a drunk driver is usually transferred to a separate proceeding, but the culprit does not cease to be one. At the time when the drunk driver became the culprit of the accident, you should not provoke it, and try to comply with all the rules prescribed in the SDA. Drinking is a circumstance tightening responsibility. Affected then compensation will be paid in an increased amount.
Provocations
Provocations happen on the road, that is, deliberate actions that can lead to an accident. Calculating them can be difficult even for an experienced driver. In such cases, the victim is tracked down and, using dangerous maneuvers, driven. In any case, the main thing is to follow the rules of the road. That is, it is necessary to call the traffic police, find eyewitnesses and remain calm. And if the incident was recorded on the DVR, this will serve in the future as an additional advantage.
Typical cases of provocations can be, for example, turning the turn signal in one direction, and moving in the opposite direction, or abrupt braking, or going to the intersection when the movement is activated on the other side. Such actions may be intentional or unintentional.
Provocations of a deliberate nature (or auto-backing) usually have the goal of receiving money from the driver. Usually, at the scene of an accident, they immediately try to extract funds from the "guilty" party without involving the traffic police and exert psychological pressure for this purpose. It is best to lock yourself in a car and communicate only through a slightly flat glass.
The only possible option for recognizing a provocateur in an accident as such is to prove his guilt in court.
Fines
The Code of Administrative Offenses provides for fines for failure to comply with paragraph 2.5 of the SDA, as well as leaving the scene.
You can lose your rights or be arrested for 15 days for hiding from the scene, and serious penalties will be imposed for driving without rights.
It happens, however, that the driver unintentionally disappeared into the accident scene. For example, music could play loudly in the cabin, and he simply did not hear or feel what had happened. However, if the case is opened, then he will have to prove that he left without malicious intent.
Compensation for damages and payments
The injured party as a result of an accident can wait for payments under compulsory motor third-party liability insurance and compensation for damage through a court. If a CASCO contract is concluded, compensation may be paid for damage to the vehicle.
In the event that the participant in an accident does not have OSAGO, the actions will be somewhat complicated. But in this case, at the end, a good definition can be made.
An accident is an emergency that every driver can face. Ignorance of their rights or illegal actions on the road lead to even more serious consequences.
Conclusion
In the article, we examined what an accident is (definition, classification, causes). Of course, it is impossible to cover the entire volume of the problem. One has only to add how important it is to know traffic rules.
Although the main types of accidents and their characteristics are described in Russian legislation, they cannot cover all the nuances that each incident usually accompanies. Only knowing the law and your rights and obligations, as well as following them will protect you and your loved ones on the road.