Each time, sitting down behind the wheel, drivers must remember that the road requires increased attention due to the high risk and serious consequences related to the punishment for committed disorders, including fatal accidents. Every day, many people die in Russia as a result of freelance situations on the road and their own lack.
The most strict law in relation to persons whose wine served as the death of others. In this case, administrative responsibility is no longer separated. It is only about the degree of punishment within the framework of criminal liability, which may differ in the limits established by law.
The court will decide what punishment should be appointed, comprehensively examining the case, given all the factors for mitigating or aggravating the degree of guilt.
Circumstances affecting punishment
The punishment of the guilty side is appointed by the court, taking into account the circumstances and the behavior of all participants of the accident:
- With an accident.
- When investigating a criminal case.
- At court.
The Criminal Code is considered such a crime under Art. 264, determining the measure of punishment, depending on the severity and circumstances of the crime. The death of the victim may occur not only at the moment of the accident. Often the sacrifice of the accident disappear into the hospital, and after some time it follows that the person died. The court must clearly establish the fact that the cause of death was exactly the accident.
There are situations when a person dies in the hospital because of a heart attack, which is not related to the incident on the road. There may be situations when the victim at the time of the accident felt good, but the next day he dies. Judicial investigation is designed to objectively assess the driver's guilt and his connection with the fact of death.
The basis for bringing to criminal liability can only be a collision with a car, because Direct contact with the victim, which was made randomly, without malicious intent.
If a deliberate nature of the crime is established during the proceedings, the actions of the perpetrators are defined as murder, and the car acts as a tool. The punishment for a fatal accident will be more severe, and the degree of punishment is determined based on other articles of the Criminal Code of the Russian Federation.
Factors affecting
When determining, what punishment will appoint a judge, will proceed from the following circumstances:
- conclusion of a judicial expert;
- severity of harm;
- characteristics of a person guilty of an accident;
- extenuating circumstances;
- aggly factors.
At the race at a pedestrian crossing and causing injury to pedestrian in the circumstances of the exceeded speed, the driver will be imputed violation of the control of the driving safety control.
Criminal liability
Russian criminal law considers all cases of automotive accidents in which people died using Article 264.
Basic punishments
It should be known that it faces a death accident at the Criminal Code of the Russian Federation. The law provides for the following measures:
- Imprisonment with a maximum period of 5 years or forced work for 4 years - if the accident led to the death of one person. In this case, the driver will be deprived of the opportunity to control the vehicle for 3 years.
- The death of a person in the fault of a drunk driver entails a punishment in the form of imprisonment for 7 years, also with deprivation of the right to control the car.
- With the death of at least 2 people, forced work is scheduled for up to 5 years, and deprivation is free - 7 years. Detention period remains the same - 3 years.
- If the driver at the time of making an accident was drunk, and as a result of the collision, he suffered from 2 people, the punishment in the form of imprisonment is 9 years. In this case, rights deprived for a period exceeding 3 years.
Features of the application of Art. 264.
The UK Article of the Russian Federation defines the upper thresholds, above which the court has no right to impose a sentence. However, taking into account mitigating circumstances, the measure appointed by the perpetrator of a fatal accident may be less.
Important! One of the options to reduce the degree of responsibility is reconciliation with the affected party. The driver guilty of an accident with a fatal outcome is entitled to contact relatives of those killed in order to pay compensation. Upon reaching a mutual agreement, not only the penalties may be removed from the driver, but also criminal liability for fatal accidents.
In the event of a refusal of relatives who died in an accident to reconcile with the culprit, he faces a conviction under the criminal offense, and the measure of punishment will depend largely on the protection line and the presence of mitigating circumstances.
Leaving the place of accidents
The punishment will also depend on the behavior of the driver immediately after the accident:
- it is impossible to move objects left at an accident;
- injured immediate assistance should be provided;
- it is impossible to hide from the accident site.
A separate punishment is provided if the scene of the incident is abused. Depending on the severity of the consequences and other circumstances, administrative arrests can be applied to it or an administrative penalty is imposed, and in some cases the driver is deprived of the right to driving a car.
Especially severe punishment is provided for those who left the place of the accident in which people died. The driver will be wanted as a person who has committed a criminal offense.
Once upon an accident, the driver must perform the following steps in traffic rules:
- In order to attract the attention of other drivers, it is necessary to set an emergency sign on the road.
- Render the first help victim.
- Report an incident in the traffic police.
The non-performance of these actions entails the punishment in the form of arrest to 15 days, as well as deprivation of rights to one and a half years.
Judicial practice in some cases considers the hide from the accident site as a softening factor in determining the measure of punishment. If a person suffered in a collision, the driver has the right to provide a victim to the hospital in the provision of medical care to the hospital. In the future, an attempt to save the victim of an accident can be caused to mitigate the sentence.
The following conditions may cause the accident site on legal grounds:
- There are no victims in the accident.
- Participants of the accident agreed on their own on the size of compensation.
- Europrotokol was concluded between the parties.
- The collision between the two cars having a policy of OSAGO, subject to the lack of disagreements between drivers in determining the culprit.
- In the presence of victims, leave the scene is possible only to provide first aid with a mandatory refund.
Under other conditions, the departure of the guilty driver serves as aggravating circumstances. In the future, the Court may use this fact for appointing more serious punishment.
Death in car accidents - unfortunately, a frequent phenomenon. The reasons for such an accident set. What to do the driver, if or a motorcyclist, or did people die in the car died? Consider the problem in more detail.
What is the penalty for fatal accidents
The life of every person is the greatest value. That is why the responsibility for the car accident, in which people died is provided for by the Criminal Code (CC) of the Russian Federation. This is devoted to Part 3-6 Art. 264 of the Criminal Code. The responsibility measure depends on the state in which the guilty autodist was located and on the number of victims. If a citizen was sober and a man died because of him, then the maximum punishment was 5 years in prison, and if he committed a deadly - then this is a aggravating factor and prison sentence - up to 7 years.
Consider the consequences for the driver in 2020 per accident with a fatal outcome of 264 of the Criminal Code of the Russian Federation in the table below:
In addition to these responsibilities, the guilty citizen is additionally for 3 years.
The initiation of a criminal case in a fatal accident in the event of a traffic violation is mandatory, regardless of the reasons resulting in an accident.
What threatens for causing death by negligence at an accident? Even if the accident happened as a result of circumstances, a criminal case would be initiated by the circumstances that did not depend on the guilty route. And during his examination, all the details of what happened will be taken into account.
For example, the route on a slippery road leaf exceeded the speed, and did not cope with the control, his auto shot down a man standing on the side of the road. Despite the fact that this citizen is really to blame for exceeding the speed, a criminal case will be initiated. When considering the case in court, the fact of the presence of ice will be counted as a mitigating circumstance.
If a citizen was driving with a permitted speed, but on a slippery road an accident still occurred, then an examination was carried out on the subject of whether the driver had the opportunity to prevent him. If the examination confirms the observance of the rules of traffic rules (Art. 10.1), then the criminal charge of the citizen will not be presented.
Article 10.1 reads: "The driver must conduct a vehicle at a rate not exceeding the established limit, taking into account the traffic intensity, ... road and meteorological conditions ... The speed should provide the driver with the possibility of permanent monitoring of the vehicle's movement to fulfill the rules."
From the foregoing, it is possible to conclude - with a car accident with the death of the victim, a citizen who was at that moment driving will be brought to criminal liability if it is proved that he:
- had the opportunity to notice the danger;
- he had a real opportunity to prevent an accident.
DTP with a motorcyclist with fatal outcome
Motorcycle - a vehicle of increased danger. According to statistics, 41% of all car accidents involving a motorcycle ends with the death of his driver. Motorcyclist - a full-fledged member of the road, so the responsibility for an accident with a fatal motorcyclist is also regulated by Art. 264 CC. Punishment measures are shown in the table of the previous section of this article.
DTP at a pedestrian fatal transition
The pedestrian crossing is the roadway zone, on which anyone is unambiguously interpreted as the driver's fault in non-compliance with the rules of traffic rules. A deadly car accident with a pedestrian is considered by the Criminal Code of the Russian Federation Art. 264, if it is not proved that a similar outcome of the accident was triggered by the pedestrian. For example, he moved to the Red Light, performed inadequate actions in alcoholic or narcotic intoxication, suicide. Responsibility measures for an accident given to the death of a pedestrian are given in the table in the first subsection of this article.
The driver guilty of an accident ending with the death of a pedestrian can avoid criminal liability in the following situations:
- wine is proved pedestrian;
- a reconciliation of the parties (driver and relatives of the deceased) will be reached; This situation is regulated by Art. 220 Civil Procedure Code (Code of Civil Procedure): "The court ceases to produce a case in case: ... the parties have concluded the settlement agreement and it is approved by the court."
Most often, the situation is allowed precisely the reconciliation of the parties with the payment of compensation to the relatives of the deceased.
Judicial practice on fatal accidents
Judicial practice in car accidents with fatal outcome, replete with a mass of examples of accidents for an accident with the dead. We give two of them.
Example 1: gr. Ivanova, in a drunken form while driving the car, exceeded the speed, did not cope with the control of the machine and at high speed drove to the rural bus stop, where at that time there were 9 adolescents, including the daughter of Ivanova. All children died. The case had a large public resonance, was considered in closed mode (in order to avoid attempts by the mother's parents of the deceased children). The court sentenced gr. Ivanov to maximum responsibility under Art. 264 of the Criminal Code, part 6 - by 9 years in prison and the ban of driving a car for 3 years.
Example 2: gr. Petrov, being driving his car, exceeded the speed on the rustic portion of the track, did not cope with the control and ran into a counter car. The passenger in this car died. Having considered the case, the court took into account mitigating circumstances, namely the facts that the road was slippery, and the passenger was not fastened. The court appointed the guilty c. Petrov, according to Part 3 of Art. 264, punishment in the form of correctional work for a year and ban on driving a car throughout the year.
Curlons investigation
Who is investigating the deadly road accidents? The state body for oversight of the compliance of laws and legality and attracting violators to the court.
Reading time: 6 minutes
The car is an object of increased danger, which, with a rough non-compliance of traffic rules, can lead to tragic consequences. In the case of an accident with a fatal outcome in 2020, the perpetrator faces criminal punishment with a real detention period. Circumstances that caused the accident may be different as consequences. The preventive measure chooses the court.
Responsibility for committing an accident with people's death
In the case of a road accident with victims, as well as the death of one or more persons, the article of the Criminal Code of the Russian Federation No. 264 "Violation of the Rules of Road Traffic and Vehicle Operations" is entering. When choosing a preventive measure, the court takes into account all the cause of the tragedy, including aggravating and softening circumstances. If the culprit is sentenced to imprisonment, he will not go to prison, and in the colony-settlement, where the drivers who have causing death at an accident are mainly served.
To prevent the prosecution, a special examination should establish that the death of other participants in the movement occurred precisely as a result of a collision or tipping vehicles, and not a tragic coincidence (for example, a heart attack or loss of consciousness).
According to the current rules in the sudden appearance on the way of movement of pedestrians, other cars, motorcyclists or other obstacles, with which a collision can occur, the driver must take all measures to reduce the vehicle speed up to a complete stop. If it was not possible to avoid the accident and in the future it turns out that the permitted high-speed regime was not exceeded, the examination will establish whether the technical ability to prevent a tragic event on the road. If there was no chance to leave from the collision, the driver is exempt from the punishment of 264 by the article of the Criminal Code of the Russian Federation, except in cases of the death of his non-passenger.
Criminal liability occurs if during the investigation it turns out that the cause of the accident was the actions of the driver, when he could notice the obstacle to the movement and had the technical opportunity to stop the vehicle. Non-compliance with traffic rules also victims will be considered as a softening circumstance. For example, if a collision happened to a motorcyclist without a helmet or with a car, the driver and passengers of which were not fastened by seat belts.
The actions of the culprit of the accident, qualified as aggravating circumstances
During the trial, all the actions and actions of the accused, which he previously performed during the control of the car, as well as what he did or did not do during and after an accident. The presence of aggravating circumstances is significantly aggravated by the position of the defendant and deprives him of the chance of condescension, so it can be prescribed the maximum sentence.
Currently, the following circumstances are aggravating:
- Cases of systematic gross non-compliance of traffic rules, confirmed by the administrative offense orders, which were submitted on the basis of protocols of the traffic police inspectors and testimony of automatic violations of violations.
- Tragic consequences due to car control with technical malfunctions. In this case, the situation may be aggravated by the late passage of vehicle inspection.
- Leaving the scene of an accident before the arrival of rescuers, ambulance and traffic police officers, with the exception of cases when the culprit is in charge of the hospital of still a living victim.
- Unwise of first aid victim.
- The commissioning of an accident with death in a state of alcohol or narcotic intoxication, as well as in the absence of driver's license.
- Transfer control of a car to a minor face. In this case, the responsibility will be carried as a small citizen if he turned 14 years old and the one who put it behind the wheel.
- Group committing a crash. In this situation, the accusation will be charged to all participants in the incident, and the degree of guilt of each of them will establish the court.
According to the current legislation, depending on the severity of the consequences of the culprit of the accident can be attracted to criminal, administrative and civil liability.
Types of responsibility can be applied separately or together. It all depends on the circumstances of the road, as well as the guilt of the driver.
Criminal liability
If the accident was caused by heavy harm to the health or death of at least one person - the passenger or pedestrian -, the investigation triggers a criminal case. In case of easy injuries, everything can end with administrative liability. The degree of gravity injuries will determine doctors. Harm to health is considered slightly if the victim fully recovered in less than 21 days from the moment of admission to the medical institution.
Criminal liability with an accident with died under Article No. 264 of the Criminal Code provides for the following penalties:
- imprisonment in colony-settlement (maximum term - 9 years);
- restriction of freedom;
- forced correctional work;
- prohibition to keep a specific type of activity or occupy certain positions.
It is also important to note that it faces the driver when an accident with a fatal outcome, if during the investigation it turns out that he acted intentionally. With such a development of events, criminal liability comes no longer on 264, but at 105 the article of the Criminal Code of the Russian Federation "Murder", according to which the preventive measure will be significantly tougher. The accused in this case threatens the real deprivation of freedom with the serving of punishment in a colony of a common or strict regime. Article No. 264 of the Criminal Code of the Russian Federation applies only if the murder in an accident occurred by negligence, when there is no evil intent as part of the crime.
Administrative responsibility
The culprit will be attracted simultaneously to criminal and administrative responsibility, if the cause of the accident was the violation of traffic rules. In addition to serving a sentence under the Criminal Code of the Russian Federation, he will have to pay a fine or lose the driver's license. Administrative responsibility comes and with causing easy harm to health.
Civil responsibility
Civil liability always occurs in the case of small accidents, but it does not lose its relevance when death in an accident occurs. The culprit is obliged to financially reimburse the lost property of the victim, as well as to pay compensation for causing grievous harm to health or death. In the event of the death of the owner of the car, which is the injured party, the money receives his heirs.
Responsibility of the employer of the culprit of an accident
Not always the driver who drove the car is the culprit of the accident. They may also be his employer who provided a faulty vehicle for official duties. The responsibility of the employer at an accident, which resulted in the death of a person, comes according to articles 1068 or 1079 of the Civil Code of the Russian Federation, guided by the court will oblige the owner of the car to pay compensation to the victim or his relatives.
When there is a liberation from liability or mitigation
Not in all cases when the death of a person occurs during an accident, the punishment in the form of imprisonment. Under certain circumstances, the culprit has the opportunity to avoid punishment or get the minimum time. This may occur in the case of reconciliation with the relatives of the dead, since the cause of the tragic incident was the circumstances of force majeure.
Reconciliation with the relatives of the dead
Relatives of those who died in an accident during the investigation or the trial are entitled to ask the court to leave the culprit at freedom if he pays them a compensation for moral and material damage. They may require any amount, but the judge will take into account the financial capabilities of the defendant before close the case in connection with the reconciliation of the parties. A similar solution can be accepted only if the perpetual side has no other condoms, and the crime was committed by negligence. However, statistics show that the Court does not always satisfy the requirements of relatives and still makes a decision to deprive freedom.
Circumstances of force majeure
The court can free the culprit of an accident from responsibility, as a result of which people died, if the result was established that the traffic rules did not violate, and the accident was provoked by the circumstances of force majeure: limited visibility, sudden soil failure, a heart attack, fainting behind the wheel and other factors, overcome Which driver had no physical opportunity. All this must be confirmed by the results of expertise, testimony of witnesses, video recorders of video recorders or street surveillance cameras.
Extenuating circumstances
In contrast to the circumstances of force majeure, mitigating completely disabled from criminal liability, but serve as a basis for softening the sentence (the appointment of the minimum sentence, replacing the colony to restrict freedom or correctional work). The basis for condescension of the court is:
- pregnancy of the culprit of the accident;
- talk on the obey and promotion of the consequence;
- the presence of young children or other dependents;
- voluntary attempts to rod their guilt before the victims (material assistance to relatives, payment of treatment);
- first violation of traffic rules;
- minority;
- the presence of positive characteristics.
Judicial practice on an accident with a fatal outcome shows that in most cases the driver, who has hitting a pedestrian or another vehicle turns out on the dock. However, often victims themselves may be guilty of the accident. For example, pedestrians often neglect their safety and go along the unlock road at night without reflective strips. With the light of the headlights of the oncoming transport, the driver usually notices them only at a distance of 15-20 meters.
Unfortunately, not all investigators are responsible to their work, trying to close the case faster, without sobering in all the details of what happened. In this case, only an experienced criminal lawyer will be able to help. He will see all flaws in conducting an investigation, will find evidence of innocence of his client or competently present softening circumstances.
The assistance of a lawyer may be needed and relatives of the dead, which is compensation. Not all the perpetrators voluntarily agree to the payment of compensation. Without knowledge of legal subtleties, it is very difficult to achieve justice.
Leaving the place of accidents
There are no discretion cases of the culprit of an accident. Most often it happens when driving at a pedestrian crossing or when driven by a car drunk.
For leaving the accident site, only administrative responsibility under Article No. 12.27 part 2 of the Code of Administrative Code is provided.
However, in the case of the presence of victims or those killed, such behavior will be considered as an aggravating circumstance, if the culprit in the future did not appear to the police.
Payment of compensation after an accident
To compensate the damage to the relatives of the deceased at an accident should the culprit of the incident - voluntarily or forced.
If the amount does not exceed 500,000 rubles, the obligation to pay compensation will fall on the insurance company in which the defendant issued.
However, this does not deprive the possibilities of relatives of the victim in court to require additional funds.
Conclusion
Accidents usually occur as a result of the irresponsibility of the participants of the movement. Unfortunately, on our roads every day you have to see the demonstration of disrespect for the participants of the movement by individual citizens, driving a drunk car, non-compliance with the high-speed regime, departure to the oncoming lane in conditions of limited visibility and much more. If the trouble on the road was still happening, you should not try to hide. From responsibility it will not save, but only aggravate the position of the culprit.
The optimal solution is an immediate challenge of emergency services. To do this, it is enough to call by number 112 and report happened. The dispatcher will notify the rescuers, ambulance, traffic police and if necessary.
The significance of primary testimony during fatal accidents: video
Good evening. Please tell me, in the dark day at the extreme right strip. In the wrong place passed a pedestrian in dark clothes, drunk, from left to right, but because of the headlights of the headlights moving towards cars and its dark clothes ...
What could be the consequences for the driver with fatal accidents?
an accident occurred with fatal outcome, I drove the cargo transport truck, drove on the road, and ice came sharply, it seems like asphalt, and in fact a solid ice, there is a video that it really is so, the case happens during the descent ...
What amount of moral damage can be asked for a fatal accident?
What time can you evaluate the larger harm if I hit the car to death ...? . I have shot down a car for the death of a child of 20 years. Those expertise recognized the guilt of a pedestrian because it was still red and 3 seconds cost him
Can I recover from relatives of the deceased culprit of an accident material damage?
Hello. A month ago, I had a fatal accident. The driver died in place, I was operated on twice on the thigh and broken hand. Now I have to be parsing in the traffic police and should give a fine of 30 thousand, because. He had no right. To me...
December 15, 2019, 19:18, question №2620867 stormov Anna, Novosibirsk
What threatens the culprit for a fatal accident?
The son with his father fell into an accident, the son was behind the wheel, he is the culprit, his father was a passenger, he died. What threatens your son for it?
Restoring an employee in the Ministry of Internal Affairs after the expiration of the conditional term
I am a former employee of the Ministry of Internal Affairs of the Kyrgyz Republic I had an accident with a fatal outcome and I gave me 2 years conditionally! Now after 2 years I can recover or not
Is it possible to compensation for moral damage and burial expenses?
On August 19, in the parking lot in front of the Pyaterochka, the driver of a truck belonging to the enterprise, crushed my mother to death. I am recognized as the victim. Currently, the investigation is completed. Tello must be transferred to court. Who will be civil ...
Is the conditional period of fatal accident possible?
Is the conditional period for a fatal accident possible? If you are forgiven by the victims?
October 27, 2019, 21:04, Question №2565867 Kumekbaeva Dinara, Atyrau
Does the investigator have the right to be familiar with the case of a lawyer of the victim?
Good evening, is the right of the investigator not to familiarize themselves with the materials of the lawyer of the victim? (DTP with fatal outcome)? And what in this case take?
Can I count on a conditional punishment for an accident with a fatal outcome, if I have 2 children?
Hello! A fatal accident occurred! I was driving on the car, the sun shone into the eyes, I was going to turn to the left! During the beginning of the maneuver, I noticed a motorcyclist, an emergency braking applied! The car stopped on the oncoming lane, her ...
September 14, 2019, 06:50, question №2509757 Alexander, Novosibirsk
Where should I contact and what to do in such a situation?
Hello. I have such a situation. I bought myself a new car, and the old one gave a friend for a time, compiled a contract bought sales as the insurance ended. A few days later, a fatal accident occurred, a passenger was killed. Machine special ...
What is waiting for a fatal accident participant, if he is 70 years old and car crashed into it, exceeding speed?
At the end of July of this year, an accident occurred with the participation of my father. He leaving at the intersection from the secondary home did not notice the nine, which flew into it. There were two guys and a girl. The driver died in the hospital. The rest of the bruises and ...
Today, the Russian Federation ranks first in terms of fatal traffic accidents in Europe. The main reason for the problem is insufficient awareness of both drivers and pedestrians of all seriousness and danger of movement by car (very often on exceeded speed). Not everything is aware of how to get compensation after such an accident and what should be punished for the driver-culprit.
Article of the Criminal Code When the violation qualifies as a crime how to make compensation for moral damage Possible punishment options Judicial practiceVar Index \u003d Document.getelementsByClassName ("index-post"); ifex.length\u003e 0) (var Contents \u003d index .gelementSBYCLASSNAME ("Contents "); if (contents.length\u003e 0) (contents \u003d contents; if (localstorage.getitem (" hide-contents ") \u003d\u003d\u003d" 1 ") (contents.classname + \u003d" hide-text ")))
Article 264 of the Criminal Code of the Russian Federation of Criminal Code of the Criminal Code of Criminal Procedure, testifying that violation of the traffic rules of the vehicle (car, tram, etc.), as well as its use that caused harm to man, entails a sentence in the form of a partial restriction freedom of the driver of the vehicle for a period of 2 to 5 years; driver arrest for the period from 3 to 6 months; Detention of freedom driver and rights up to 2 years.
If the same actions by negligence led to the death of the victim, the driver of the vehicle is deprived of liberty for a period of up to 5 years, taking into account the deprivation of rights for 3 years. If the accident entailed the death of two or more people, then, according to Article 264 of the Criminal Code of the Russian Federation, the person who manages at the time of the accident by the vehicle will be deprived of liberty for up to 7 years, taking into account the deprivation of rights for 3 years.
Did you know? Statistics show that up to 40,000 people die on the roads of Russia every year. This figure shows how irresponsible to traffic rules include both drivers and some pedestrians.
When violation qualifies as a crime
They speak of criminal liability if the victims have damage to medium and high severity, as well as if there are dead. Of the situation, when death after the accident does not occur immediately: in the first hours after an accident, the victims are fixed damage to light, medium or high severity, and for several days he dies. If in the second and third cases, the relationship between the accident and the death of the victim to establish more or less simply (the victim is most often in the hospital under observation), then in the case of the lack of visible damage - it is much more difficult.
There is also a second problem: not always the victim who died on the site of an accident was injured, incompatible with life, because of a collision. Sometimes a person dies from a heart attack provoked by a strong fright after the accident.
Qualify an offense as an accident with a fatal outcome can be only in the event that it has been proven that a person has no intent to arrange a collision. Otherwise, the crime will be recognized as intentional, and the car will act as a murder tool (in this case, the possibility of the conditional period is not discussed).
How to get compensation for moral damage
Since the death of a family member in an accident is not only a big tragedy for his family, but, in most cases, and loss of essential income. The family of the deceased may require the payment of moral compensation by the respondent party. It is worth understanding that there is no fixed amount of material compensation (this is not written in legislation). For the court to consider a lawsuit and, as a consequence, satisfied it, it is necessary to collect a package of documents:
materials in the case of an accident with a fatal outcome; documents confirming the relationship with the dead; Help of the Jewelperspert, confirming the fact that the death of the victim came as a result of an accident; certificate of income of the deceased; certificates and eyewitness testimony, which confirm that family members appealed to doctors Due to the nervous breakdowns, depression and depletions provoked by the death of the victim.
Did you know? In most cases, the court reduces the requested amount of moral compensation. Therefore, in modern practice, a method of deliberate insignificant overestimation of the required amount is applied.
The amount of compensation approved in court depends primarily on the age and material situation of the accused. In this regard, the defendant often hides its real incomes in order to reduce the amount of compensation or not to pay it at all (for this purpose, the accused is trying to prove its financial inconsistency). The optimal solution to the current situation will be the appeal to the attacks.
Separately, cases of compensation for moral compensation are considered, when a child is killed as a result of an accident, which was transported in a special cresve in compliance with all rules. In this case, the amount of compensation increases several times.
Possible punishment options
If the defendant fault has been proven, various measures of responsibility can apply to it, depending on the clearly formulated circumstances of the crime. In case of death of the victim in violation of traffic rules:
conclusion The maximum term up to five years; correctional work with a maximum term up to four years (at the same time a person cannot work in positions that are determined by the court for three years).
How to give first trial assistance at accidents how not to get into the frontal collision
What should be the composition of the car aid kit
Providing first aid for an accident in the event of the death of the victim during a violation of traffic rules in a state of intoxication:
conclusion to the maximum term up to seven years.
In case of death of two and more victims in violation of traffic rules:
conclusion to the maximum term up to seven years; correctional works by the term up to five years (the person cannot work in the posts that are determined by the court for three years).
In the event of the death of two and more victims, in the violation of traffic rules in the state of alcohol intoxication:
conclusion Maximum term up to nine years.
The court recognizes that the accused was in a state of intoxication, if both alcohol and various narcotic substances were found in his blood, and also if he refused to conduct an examination.
Important! It is worth understanding that the law provides only the maximum deadlines for imprisonment, while the court can make a sentence in order to plant the accused and for a shorter term. Everything will depend only on the circumstances of the case, evidence and work of a lawyer representing the culprit of an accident during the work of the case.
The driver of a vehicle provoked an accident on the road will not be held accountable in two cases:
if he also died as a result of the accident; if he managed to agree with the family of the victim about the peaceful decision of the case by compensation for damage.
Also, when considering the case, the technical condition of the car is taken into account: if it is proved that the driver could not slow down to avoid the collision, the criminal case is not excited. In addition to these nuances, there are also a number of circumstances that can increase or reduce a long time.
As aggravating circumstances include:
disappearance from the accident site; driver awareness in malfunctions of its own car; addiction accused to drugs or alcohol; previous numerous misdeeding of the accused; the lack of rights at the driver's driver; attracting persons who have not achieved 18 years.
Referring to mitigating circumstances:
the driver highlighted the guilt of the victim in full, paying compensation, damage, etc.; the driver alone brings up children, to be patronized with no one; the driver is a pregnant woman.
Find out what to do the culprit of an accident.
Arbitrage practice
When registering a crime and jurisdiction, it is primarily necessary to prove the relationship between human death and a violation of the rules of the road. Practice proves that the driver of transport provoked such an accident, in most cases denies his guilt and is trying to prove with all their mights that death happened by the negligence of the victim himself. To be absolutely confident in the law enforcement bodies that occurred can only be if they were provided with evidence in the form of video recording the moment of the accident (for example, from the DVR).
Quite often in judicial practice, there are cases when an accident with a fatal outcome occurs with the participation of trucks, which specialize in the carriage of goods of specific firms. In such cases, compensation is not paid by the driver itself, and the company, the instruction of which was carried out. But such a rule is valid only if the driver did not reveal explicit gross violations of traffic rules.
Today, not to get into a traffic accident, and even more so not to become a victim, it is necessary not only to adhere to traffic rules, but also to try to control the situation on the road. Only the analysis of the behavior of other road participants will help foresee and prevent possible accident.