Accidents are frequent events on the roads. They can cause damage to vehicles or damage to human health. Therefore, even with small clashes, it is necessary that the participants are engaged in the competent design of the incident. For this, car inspectors may be involved or Europrotocol may be used. The choice depends on the characteristics of the accident. In any situation, the county is prohibited from the scene of an accident. Such behavior of the accident participant is a violation of traffic rules, for which a large fine may be imposed, as well as deprivation of certificate or arrest.
What actions are carried out by car owners after a collision?
In the event of an accident, all car owners are required to know what actions are taken to correctly design the event. If they are violated, this will lead to criminal and administrative liability. If the injured accident participant leaves the scene, he will not be able to count on payments from the insurance company. Therefore, immediately after the accident, the following actions are performed:
- cars stop;
- emergency gang turns on;
- warning triangle is displayed;
- drivers check whether there are victims of the accident, and if necessary, call an ambulance;
- damage to vehicles is examined;
- if the damage is insignificant, and there is no disagreement between citizens, then they can deal with the accident themselves, for which they must have a Euro protocol form;
- if there are disputes between drivers, and also for repairs it will be necessary to spend more than 50 thousand rubles, then traffic inspectors are called to the scene.
Departure from the scene of an accident is not permitted even in a hurry or for good reason. Therefore, leave the scene of the accident is allowed only after its competent clearance.
When is it allowed to leave?
Responsibility for the departure from the scene of an accident does not occur if one of the drivers decides to take the injured person to his hospital in his car. In this case, the requirements must be taken into account:
- the person is unconscious or urgently needs medical attention;
- there is no way to wait when the ambulance arrives;
- there are no cars on the road, so it’s impossible to ask other drivers to take the person to the hospital.
Before leaving the scene, it is necessary to fix the cars and all the elements related to the accident in the photographs. Then the victim is taken to the hospital. When visiting a medical institution, you must leave your contact details and indicate the number of the car. After performing these actions, you must return to the scene of an accident. Only under such conditions the county from the scene of an accident is not considered an offense.
What to do if cars interfere with travel?
Often an accident occurs at a crossroads or other stretch of road with heavy traffic, so it is not allowed that cars block traffic. Under such conditions, drivers perform the following actions:
- cars and other elements related to the incident are recorded in photographs;
- witness statements are taken;
- cars move to the side of the road;
- traffic police are called, after which it is only necessary to wait for them.
If all actions are correctly implemented, then the movement of cars is not a county from the scene of an accident. Punishment for such actions is not provided. If, by the time the traffic police arrive at the scene, one of the drivers is absent without good reason, then this is a significant violation. Therefore, the car is wanted, and the driver will have to lose his license. If another participant in the accident is left in danger at all, then a citizen who has left the scene of the accident will have to pay a significant penalty for leaving the scene of an accident or face other penalties under the Criminal Code of the Russian Federation.
Reasons for leaving the scene of the accident
County from the scene of an accident is usually associated with the following reasons:
- The car owner is drunk, so he wants to avoid responsibility, for which he simply leaves the scene, and often the necessary assistance is not provided to citizens who have received serious injuries. This leads to death or serious bodily harm. Under such conditions, a punishment in the form of deprivation of rights, a significant fine, forced labor and a prison term is imposed for a county from the scene of an accident.
- The motorist wants to hide, so as not to be responsible.
- The driver does not have an insurance policy, so he does not want to cover the damage to the victim at his own expense.
- The car owner does not notice that when reversing or performing another maneuver, he slightly touches another car.
- The driver is too in a hurry for an important meeting or other event, so he does not want to wait long for traffic inspectors.
It is almost impossible to prove even through a court of law that the driver lacked malicious intent. Therefore, even if a citizen simply did not notice a small collision, he would still have to face serious consequences. Usually, a deprivation of rights for a county from the scene of an accident is assigned, therefore, such a punishment is severe for each car owner. This is especially true for drivers who constantly use the machine to earn income.
Intentionally, citizens are hiding from the scene of the accident, hoping that they will be able to avoid responsibility. This is due to the fact that the statute of limitations in such cases is only 3 months. But now car inspectors use numerous methods that make it quite easy to find a car. For this purpose, recordings from video recorders, surveillance cameras or testimonies of witnesses are used.
Liability for the offense
Many drivers are thinking about what kind of punishment for leaving the place of an accident can be imposed. Such an offense is regarded as an administrative offense. Therefore, the car owner is obliged to pre-evaluate the possibility and expediency of the county from the scene of an accident. Article 12.27 of the Code of Administrative Offenses contains information on what penalties are applied to the car owner in such actions.
The main penalties include:
- deprivation of rights for a period of 1 year to 1.5 years;
- administrative arrest for 15 days.
If there are no victims, then car owners who left the scene of the accident are not prosecuted.
Is there a penalty?
Drivers who do not want to wait for the car inspector to arrive at the scene of the accident are thinking about what kind of penalty they will have to pay for leaving the accident scene. The Code of Administrative Offenses does not stipulate a fine for such an offense, so either a deprivation of rights or an administrative arrest is imposed.
Although you do not have to pay a fine, other penalties are considered truly significant. The penalty is applied when bringing the driver to criminal liability.
Deprivation Rules
Every citizen who constantly uses the car for different purposes should know what is the responsibility for leaving the place of an accident. What threatens for such a violation? You may experience long-term deprivation of rights. It varies from 1 year to one and a half years.
Such punishment is imposed solely by the court, therefore, the traffic police officers lack the appropriate authority. The exact period depends on the circumstances of the accident. In the first violation, a one-year deprivation of rights for leaving the accident scene is usually assigned. If the citizen repeatedly violates the requirements of the SDA, then the term of deprivation increases to 1.5 years.
The nuances of applying arrest
The offender must attend court hearings, as it is likely that deprivation of rights will be replaced by arrest.
Arrest is imposed only on condition that the protocol is sent to the court at the place of the accident. Such punishment is applied in the presence of really serious consequences of the incident, to which severe damage is caused to human health.
When does deprivation apply?
The most common punishment for drivers who leave the scene of an accident without good reason is the deprivation of their license. Deprivation for a district from the scene of an accident is applied under the following conditions:
- the driver hiding from the scene has no good reason for such an act;
- the car owner was transporting the victim to the hospital, but had not previously informed the traffic inspectors about the incident, and had not recorded the cars in the photographs immediately after the collision;
- the accident had not serious consequences, therefore, the participants decided to agree on the spot, but the culprit did not correctly draw up documents confirming that there were no mutual claims, so the victim can call the traffic police and request the second participant to be wanted;
- the driver decided to clear the road, but he had not previously photographed cars and other items related to the incident.
Even if the car was driven to the side of the road, the car owner may face the negative consequences presented by the deprivation of a driver’s license.
How to prevent deprivation?
Each car owner is obliged to understand what actions are implemented immediately after the accident. Only with these requirements taken into account, it will not be possible to accuse him of the county from the scene of an accident. What threatens the driver if he leaves the scene? The punishment is arrest or deprivation of rights.
To prevent such negative consequences, it is advisable to take into account some recommendations of experienced lawyers. These include:
- immediately after the collision, it is necessary to report the incident to the traffic police, even if the accident is minor, but the second participant in the accident does not want to draw up a Euro protocol or behaves aggressively;
- even if you need to rearrange the car or take the victim to the hospital, you will have to pay attention to fixing cars and surrounding objects;
- witnesses who testify about the incident are necessarily involved in the paperwork, and they can also explain why the driver left the scene of the accident.
If the car owner does not have good reasons for leaving the scene of the accident or if he has not completed the mandatory actions, then he will have to face the loss of his license. In the presence of extenuating circumstances or in the first violation, the punishment will be represented by deprivation of rights for only 1 year.
Rules for drafting a decision
The procedure for bringing the violator to responsibility is carried out exclusively by the court, therefore, the traffic police inspector does not have the right to demand the transfer of a driver’s license from the car owner. Based on the revealed violation, a traffic inspector makes a decision to leave the scene of the accident by the driver. This document contains the following information:
- characteristics of the vehicles involved in the accident;
- data about the drivers;
- often a vehicle inspection is carried out at all;
- the driver is examined to make sure that hiding from the scene of the accident is not connected with the fact that the citizen was intoxicated.
Punishment is imposed solely by a justice of the peace. Be sure to attend the meeting the culprit of the incident, and he can prepare various evidence that he fled the scene of an accident for good reason.
Often experienced lawyers identify errors in the decision drawn up by traffic inspectors. Under such conditions, it is possible to challenge the document, so the accident participant will be able to avoid punishment.
It is not permitted that a fine be applied as punishment. The limitation period for such cases is three months. If during this time, car inspectors cannot find the car and its owner, then the case is terminated.
Are citizens held criminally liable?
If the accident does not cause damage to the health or life of citizens, then the county from the scene is an administrative offense. Therefore, the driver is faced with the deprivation of a driver’s license or with arrest for 15 days.
But if the driver is hiding from the scene of the accident, where there were victims who needed help, then such actions are considered on the basis of Art. 125 of the Criminal Code. They are regarded as leaving a person in danger. Under this article, a citizen can be prosecuted, therefore, the following types of punishments are provided:
- a fine of up to 80 thousand rubles. or a payment equal to the defendant's income for six months of work;
- involvement in public works for up to 360 hours;
- forced labor for a year;
- arrest for 2 months;
- imprisonment, and the exact term is set by the court after evaluating all the circumstances of the incident.
If the driver, before leaving the scene of the accident, fixes the cars, leaves his data and obtains consent from other participants in the incident, he will not be held liable.
But in any case, in the event of an accident, it is recommended to stay in place and correctly arrange the incident. Only then can numerous negative consequences be avoided.
Conclusion
Accidents are unpleasant and dangerous events that regularly occur on the roads. Drivers need to know how accidents are formatted correctly. If car owners decide to leave the scene of an accident without good reason, then this is a significant violation.
If there are no casualties, then the county from the scene of an accident is regarded as an administrative offense. If the driver leaves other participants in the accident in danger, then he will be prosecuted.