A careless attitude of the driver to the rules of movement on the road can result in very sad consequences both for him and for other road accident participants. As a rule, in such situations, innocent people suffer various injuries, after which they will always be disabled. At the same time, the most that victims can count on is monetary compensation for lost health, which will never be the same.
Violation of the rules
Failure to follow the rules of the car on the road can end for the driver quite disastrously. First of all, he can get a term for an accident in which people were injured or injured, which entails the onset of such unpleasant consequences as a criminal record. In addition, if a person is seriously injured in health during an accident, then, accordingly, the latter has the right to demand from the perpetrator a monetary payment for the physical and mental suffering inflicted on him. In this case, the amount of this amount will depend on the decision of the court.
Therefore, people who drive a car should be extremely careful on the roads, because a completely accidental collision with a pedestrian can lead to irreversible consequences.
Article
The Criminal Code contains a punishment for a traffic accident in which people were seriously injured. Article 264 discloses the sanction for grievous bodily harm in road accidents in the first and second parts. In this case, in the first case, the crime is committed by a person through negligence in a completely sober state, and in the second case, in alcohol intoxication, which must be recorded by a specialist in a medical institution.
Sanction
The punishment for the first part of this article of the Criminal Code may be in the form of:
- restrictions on freedom up to 3 years;
- isolation from society up to two years;
- arrest up to six months;
- forced labor up to two years.
In addition, there is also a secondary penalty in the form of deprivation of a driver’s license, the maximum term of which can be three years.
The second part of article 264 of the Code is provided for persons who have violated the law due to their own negligence and intoxicated. Here, the main punishment can be assigned in the form of:
- forced labor up to 3 years;
- isolation from society for up to 4 years.
An additional will be a deprivation of rights to drive vehicles for up to three years.
In addition, a person who suffered serious bodily harm during an accident should be paid compensation for the accident, the amount of which is established only on the basis of a court decision, although the victim himself can declare his claims against the defendant in the framework of the criminal process.
Definition of harm
As a rule, only a doctor can make an accurate diagnosis and help a person injured in a road accident, therefore only a specialist can identify the degree of harm caused in this case, but only after necessary studies. In this situation, a forensic medical examination should be carried out, which will show the degree of harm caused to the human body.
Life-threatening, accompanied by the loss of an organ or its basic functions, with a permanent loss of working capacity - this is a serious harm to health, the criteria for determining which in an accident are as follows:
- the presence of a life-threatening condition of the human body: fractures of the skull, spine, neck, thoracic region and lower back, ruptures of various internal organs;
- damage to health caused by a disorder of vital functions that cannot be compensated by the body on its own, which leads to death: coma, shock, great blood loss, acute heart failure.
If, after the examination, the forensic doctor determines that the damage received by the victim in the accident is serious, the culprit will be held accountable under the law. A person who has been seriously harmed by his health in an accident can file a lawsuit to compensate him in the sum of moral and moral suffering.
Suing
Each accident in which people have died or received various injuries is characterized by the fact that, regardless of whether the driver’s guilt is proved or not, he, as the person who controlled the source, representing the greatest danger to others, is obliged to compensate the victim for moral damage. In an accident, serious harm to health is determined by a number of signs, in the presence of which a criminal investigation should be initiated. Within its framework, the victim will be able to file a claim for the recovery of money from the defendant in return for moral and moral suffering. In addition, the statute of limitations does not apply to these claims, so the injured person will be able to present them to the perpetrator of the accident at any convenient time and even after a few years if this issue is not resolved at the court hearing, which, as a rule, does not occur in practice.
Civil legislation of the Russian Federation establishes all cases of compensation to another person for non-pecuniary damage caused to him by the source that has the greatest danger. This is a car, as well as any other vehicle.
Payout reduction
In the event that it is proved that the accident occurred through no fault of the driver, then, accordingly, the amount of compensation for the damage caused should be reduced. Nevertheless, in order to prove his innocence, a citizen needs to very well argue everything that happened, and it is best to seek the help of a sensible defender who works with cases of accident.
Causing harm to the life and health of another person is always judged by the court, taking into account all the circumstances of the incident, but nevertheless, the amount of the claim is always assigned exaggerated, an innocent driver can pay this debt even until the end of his life and not pay. That is why you need to take this matter very seriously and think through the entire defense strategy.
Reconciliation with the victim
In the event that a person has made amends to the injured party and has compensated all the harm that has been caused to her, the criminal case of an accident with serious consequences can be terminated under article 25. An investigation on this basis is completed only in a situation where both parties wish of this.
Sometimes the perpetrator does not reconcile with the victim in order to defend his innocence in court, but instead of acquitting, he receives a guilty verdict and a term with payment of compensation for grievous bodily harm in an accident. That is why the person who committed the road accident, where people were injured and injured, must carefully try to prove their innocence in the investigation and in court, if this is true.
If an accident occurred due to the fault of the driver and all the evidence speaks about it, it is better to immediately negotiate with the other side and try to find a compromise at the initial stage of the investigation in order to avoid a criminal record and all the consequences associated with it.
Correctional facility
After a complete accident, where a person was seriously injured in health, the Criminal Code of the Russian Federation in case of an accident with such consequences determines the punishment of the guilty person in the form of isolation from society for a certain period of time with deprivation of the right to drive transport. At the same time, the court may appoint a conditional term for this act , but more often it comes to the choice of real punishment with the transfer of the convicted person to the colony-settlement, where the latter must travel independently.
In such places, as a rule, unsuccessful drivers and persons who have committed deliberate atrocities of small and medium gravity serve their sentences. If a citizen has excellent behavior, without violation of the regime and increased working capacity, then there is always a chance of being released ahead of schedule, without waiting for the end of the prescribed term of imprisonment.
In the settlement, the regime is milder, but if the convicted person receives comments, they can be transferred to the general regime of serving the sentence by court decision.
Parole
A person convicted of harm to health in a road accident with serious consequences can always try to free himself early if he has positive characteristics from the colony leadership and works well, but there are also obstacles.
Currently, the early release of convicts under article 264 was complicated by the fact that the courts began to take into account the opinion of the injured party, which does not always want the offender to leave prison without having served the full sentence, even if he paid all the compensation. There are also cases when the employees of the correctional system themselves do not want to let go of a person ahead of time who is conscientious about work and improves performance. That is why the convict needs to turn to a good lawyer who would help him to be home ahead of time.
Forced payment
For serious bodily harm during an accident, the driver has to answer according to the law and pay the injured party money to compensate for the suffering. Just not always all those responsible for the accidents do this without the intervention of bailiffs. That is why the latter have to arrest the accounts and property of debtors, if, of course, they are available. In the event that a person is serving a sentence in isolation from society, then the writ of execution comes to the colony and, accordingly, the money for the repayment of the claim is deducted from the salary of the perpetrator. If the convict is at large and has no work and other property, then there will be no payments until he finds a source of income. The statutes of limitations are not taken into account here.
Arbitrage practice
In practice, there are a fairly large number of examples of road accidents that are committed by drunk drivers, and all of them end badly enough for other participants. Here is one of the cases.
A citizen who drank a small amount of alcohol got behind the wheel of his car and drove a friend home. On the way, the drunk driver lost control and crashed into a pole, as a result of which the passenger received serious head and leg injuries and remained permanently disabled, began to move in a chair. The driver received a slight bruise in his hand and escaped with a slight consternation. His friend was much less fortunate, the doctors did not give any predictions about whether he could walk. An investigation was launched on 2 parts 264 of the article of the Criminal Code. The culprit of the accident could not agree with the former friend, because he refused to communicate with him, believing that the drunk driver at the wheel is already a criminal who intentionally commits an offense and must answer for it according to the law.
By the verdict of the court, the citizen was found guilty of an accident with grave consequences and received a punishment of 3 years in isolation from society, and was also deprived of his rights for the same period. The amount of compensation in this case amounted to 500 thousand rubles. The claim was paid immediately. The driver refused to appeal him, because he understood that he was guilty in front of his comrade, who became disabled due to his negligence.