Legal definition of an accident. Accident: what is it, causes, types. The main actions of participants in an accident

30.10.2020

A traffic accident is an accident involving one or more motor vehicles. Most people will give a similar answer, whether they own cars or use public transport, and will be only partly right. An accident is a legal concept that has a specific content and a number of features.

The concept of a traffic accident

RTA - an event that occurred during the movement of a vehicle on the road and with its participation, in which people were killed or injured, vehicles, structures, cargo were damaged, or other material damage was caused.

driver - a person driving a vehicle, a driver leading pack animals, riding animals or a herd along the road (teaching driving is equated to a driver);
cyclist - a person who controls a bicycle;
passenger - a person, other than the driver, who is in the vehicle (on it), as well as a person who enters the vehicle (gets on it) or leaves the vehicle (gets off it);
pedestrian - a person who is outside the vehicle on the road or on a pedestrian or bicycle path and does not work on them (pedestrians are equated to persons moving in wheelchairs without an engine, driving a bicycle, moped, motorcycle, carrying a sledge, cart, children's or invalid wheelchair, as well as using roller skates, scooters and other similar means for movement).

In relation to the accident and in connection with it, other concepts are used:
vehicle owner (car owner) - the owner or any other person legally owning the vehicle (rent, economic management, etc.);
guilty of an accident (perpetrator of an accident) - a person through whose fault an accident occurred;
perpetrator of damage (perpetrator of damage) - a person who, as a result of an accident, caused harm to life and health or property damage (usually the same as the culprit of an accident, but sometimes guilty can be recognized, for example, a mechanic who released a faulty car on a flight, the owner domestic animals, allowing them to enter the road, etc.);
victim - a person whose life and health or property was harmed (the victim is often called a person who has suffered only property damage, in contrast to the victim);
victim - a person whose life and health has been harmed.

The main causes of road accidents
The vast majority of accidents occur for subjective reasons, in whole or in part. In one way or another, the fault of the participant in the incident is almost always present. Exceptions may be cases when accidents occur as a result of some objective and completely independent of human will events: subsidence of asphalt under a passing car, lightning strikes a car, etc. An animal that ran out onto the road, pits and potholes, and other external factors , which a person could have expected and avoided, are not considered as the only causes of accidents. In the best case, in addition to traffic violations committed by the driver, for example, a violation by road services of the rules and regulations for road maintenance is established. A car malfunction is also not a self-sufficient cause of an accident, since the driver is obliged to check and ensure the vehicle is in good condition on the way before leaving (clause 2.3.1 of the SDA).
There are several universal rules in the traffic rules that allow you to establish the driver's fault in almost any accident. For example, clause 10.1 of the SDA - the driver must choose the speed within such limits to ensure constant control over the movement, clause 9.10 of the SDA - the driver must observe the interval to the vehicle in front and the side interval, etc. Accidents only through the fault of pedestrians occur in rare cases and are possible, perhaps, only with an unexpected exit to the roadway in the wrong place or at a prohibitory traffic light.
In one case, the court found the driver guilty of violating clause 10.1 of the traffic rules, when he, moving along an icy road at a speed of 5-10 km / h, lost control and allowed the car to skid, followed by a collision. The guilt of the road services in the improper maintenance of the road was not established. The court considered that in this situation the driver chose the wrong speed. The court did not consider the arguments that the car (GAZ 53) could not move at a lower speed due to its design features as worthy of attention - in the event of a dangerous situation, the driver must apply all measures to reduce speed up to a complete stop of the vehicle.
Thus, the fundamental and main cause of an accident is a violation by the driver of the Rules of the Road. A more detailed classification is possible based on specific traffic rules. The main reasons include:
Violation of the speed limit (clause 10.1 of the SDA). Often, drivers confuse the wrong choice of speed with exceeding the maximum permissible value for a given area (clauses 10.2 - 10.4 of the SDA) or determined by the relevant road signs. In fact, the correct choice of speed mode does not depend on the limit indicators and is determined based on the current situation. In itself, exceeding the maximum permissible speed cannot lead to an accident, an accident occurs due to the inability to stop in the selected driving mode. The driver of a car moving at a speed of 100 km/h in the city can have time to brake or maneuver with sufficient visibility and a free road, while at a speed of 30 km/h on icy asphalt, the car will lose control when braking and collide with another car. The braking distance on wet asphalt increases up to one and a half times, and on an ice-crusted road - 4–5 times compared to dry asphalt.
Departure to a prohibiting traffic light or traffic controller. The circumstances and consequences of such a breach are clear.
Incorrect choice of interval to the vehicle in front or side interval. Sudden braking of the vehicle in front is not usually the cause of the accident. The driver behind must choose a safe distance that allows him to stop in an emergency. Often, drivers try to avoid a collision with the front car by maneuvering and collide with a vehicle moving in the other lane in the same direction, or drive into the oncoming lane. Traffic rules do not provide for the possibility of maneuvering in case of danger. The driver's actions should only be aimed at reducing speed up to a stop.
Departure to the oncoming lane (clause 9.1 of the SDA). The reasons for leaving may be overtaking in violation of the rules, an attempt to avoid a collision with an obstacle that has arisen in front, the wrong choice of the location of the car on a road without markings, intentional actions, etc.
Violation of the rules for turning (clause 8.6 of the SDA). A significant number of drivers violate the rules for turning at intersections. At the end of the maneuver, the vehicle should be in its own lane, but in fact, a partial passage is made in the oncoming lane, resulting in a collision with an oncoming vehicle.
Other traffic violations.

Other circumstances that are often cited as causes of traffic accidents are in fact factors that increase the likelihood of an event or additional causes. These include:
The physical condition of the driver. Fatigue, poor health reduce attentiveness and slow down the reaction. For bus drivers, including urban, truckers and some other categories, a special mode of work is provided, which implies mandatory rest between flights and during the journey. Violation of the prescribed norms is one of the factors affecting the accident rate. A direct ban on driving in a sick or tired state, along with intoxication, is contained in clause 2.7 of the SDA.
distracting factors. Loud music, especially when listening to headphones, extraneous noise and conversations in the cabin, paying attention to passengers (for example, small children) or animals inside the car distract the driver from traffic control. This does not allow timely response to changing conditions.
Weather. They have a versatile and multifactorial impact on traffic. Rain and snow reduce both visibility and traction of the asphalt, fog can limit the visibility of the road to tens of meters compared to several kilometers in clear weather, bright sun blinds the driver, etc. Unfavorable weather conditions cause additional driver stress, which leads to fast fatigue.
The condition of the road surface is a favorite topic for drivers. In fairness, it should be noted that in recent years a significant length of both highways and city roads has been repaired and restored, but the problem is so significant that it is not yet necessary to speak of a generally satisfactory quality. It is useful for the driver to remember some maximum permissible indicators of road flaws (GOST R 50597–93), in case of deviation from which it is possible to bring road and other relevant services to responsibility for road accidents:
width of a separate pothole - 60 cm;
the length of a single pothole - 15 cm;
depth of a separate pothole - 5 cm;
deviation of the grating of the storm water inlet from the level of the tray - 3 cm;
deviation of the manhole cover from the level of coverage - 2 cm;
deviation of the rail head from the coating - 2 cm.

Alcohol, drug or toxic intoxication. Violation of clause 2.7 of traffic rules in itself cannot lead to an accident, but a state of intoxication has a catastrophic effect on a person’s reaction and coordination, and prevents an adequate assessment of the traffic situation. By virtue of the general legal and social attitude, a drunk driver is very likely to be held liable for an accident and damage caused, even if he does not actually commit other traffic violations and the accident occurs as a result of the actions of another participant.

Other factors contributing to road accidents include improper supervision of domestic animals, the actions of wild animals, natural phenomena, improper maintenance of objects adjacent to the roads (for example, when trees, poles, structures, etc. fall on the road) and other circumstances, which can significantly increase the risk of an accident. The contributing factors also include insufficiently qualified training of drivers in driving schools, and shortcomings in car designs. Supporters of esoteric teachings may see karma in the cause of an accident, but this is already an amateur.
Types of traffic accidents
In theory and practice, there are several options for qualifying an accident. According to the severity of the consequences, incidents are divided:
with a fatal outcome, taking into account the previously given concept of a person who died as a result of an accident;
with bodily injury;
with material damage.

According to the severity of the consequences, accidents are distinguished, which entailed:
material damage;
light bodily injuries - a short-term health disorder or a slight permanent loss of general ability to work (note 1 to article 12.24 of the Code of Administrative Offenses of the Russian Federation);
medium-degree bodily injury - a non-life-threatening long-term health disorder or a significant permanent loss of general ability to work by less than one third (note 2 to article 12.24 of the Code of Administrative Offenses of the Russian Federation);
serious bodily injuries - life-threatening harm, loss of vision, speech, hearing or any organ or loss of its functions by an organ, termination of pregnancy, mental disorder, drug addiction or substance abuse, permanent disfigurement of the face, significant permanent loss of general working capacity for at least one third, complete loss of professional ability to work (Decree of the Government of the Russian Federation of August 17, 2007 No. 522);
the death of the victim;
especially grave consequences (death of 4 or more people, injury of 15 or more people).

The severity of bodily injury is determined by a medical examination.
By the nature of the incident, they distinguish (Appendix G to ODM 218.6.015–2015):
Somewhat conventionally, accidents can be divided into accounting and non-accountable. The conditionality lies in the fact that, according to clause 3 of the Rules for Accounting for Road Accidents, all accidents are subject to registration, and the responsibility lies not only with the Department of Internal Affairs, but also directly with the owners of vehicles - legal entities, road authorities and road owners. But the state statistical reporting includes information only about accidents that resulted in the death and / or injury of people (clause 5 of the Rules), with some exceptions (if an accident occurred as a result of a suicide attempt, encroachment on life and health, during auto competitions and some others).
It is not clear how this requirement is combined with Art. 11.1 of the Federal Law of April 25, 2002 No. 40-FZ “On OSAGO” with the right to register an accident without the participation of the traffic police. The obligations of the insurers do not include the transfer to the police of information about the incidents that have become known to them, drawn up according to the so-called Europrotocol. Obviously, a huge number of accidents remain unknown to the internal affairs bodies and are not taken into account in the mandatory analysis of the causes and conditions for the occurrence of accidents and the development of measures to prevent them. This provision is another significant drawback of the European protocol, along with the fact that the independent registration of traffic accidents by their participants allows the culprit to avoid liability for violation of traffic rules.
In the literature, there is the concept of "contactless accident", which means an event that meets all the signs of an accident, but in the absence of interaction between the cars of the participants, and the consequences occur as a result of a collision with an object or a collision with another car. A fairly common phenomenon - the driver "cut" or braked sharply, thereby creating an emergency situation. If an accident occurs as a result, the question arises of the involvement of such a driver in the incident. Cases of bringing to responsibility and imposing obligations to compensate for damage caused as a result of an event provoked by such actions are rare.
The prevalence of the phenomenon was caused by the introduction in May 2016 in clause 2.7 of the SDA of the concept of dangerous driving and the establishment of a ban for drivers to perform a number of actions (repeated lane changes, violations of distance and intervals, etc.). With the innovation, a legal justification has arisen for presenting property claims against “dashing” drivers, but the difficulty lies in the fact that such road users prefer not to pay attention to the accident that has occurred and calmly continue to move. It is not always possible to prove the involvement of a specific person in causing harm, even if it is possible to fix the car number and the circumstances of the incident.

Another specific type of accident is a covert accident. A person who has committed a traffic violation and committed a traffic accident is hiding from the scene. It is possible to prove his involvement by conducting a trace examination if the car number is known. It also raises the question of the involvement of a particular driver, if several people are allowed to drive a car. Theoretically, situations are possible when the victim is hiding from the scene.
Actions after an accident
The procedure for the actions of participants in an accident after an accident is determined by clauses 2.6 - 2.6.1 of the SDA. In general, involved drivers are required to:
stop driving and leave the car at the stop;
turn on the alarm;
install an emergency stop sign;
leave all the items related to the accident in their places (keep the scree, flying and falling objects, etc.).

If there are victims, it is required to provide them with first aid, call an ambulance and the police at cell numbers 103 and 102 or at a single number 112, if necessary, send them to the nearest medical facility with a passing transport, and if it is not available, take them on their own and return to the place.
Drivers are obliged to clear the road after fixing the initial location of cars (including by photo and video filming):
in case of injury or death of people only in cases where the passage of other vehicles is impossible;
in the absence of victims in cases where the passage of other vehicles is difficult.

In the absence of victims in an accident, disputes between the participants on the circumstances of the accident and on the damage received, the drivers have the right not to notify the police. They may choose to:
draw up documents at the nearest traffic police post or in a police unit, having previously fixed the location of vehicles;
draw up documents without calling the traffic police in cases provided for in Art. 11.1 of the Federal Law of April 25, 2002 No. 40-FZ “On OSAGO”;
do not file an incident if none of the participants insists on it.

In the absence of victims, but in the presence of disagreements in the circumstances of the incident and about the injuries received, the participants are obliged to notify the traffic police and wait for the arrival of the outfit. Upon receipt of an instruction from the traffic police, the incident can be registered at the nearest traffic police post or in a police unit with a preliminary fixation of the location of the vehicles.
Compensation for damages and non-pecuniary damage
An accident is inextricably linked to issues of compensation for harm. The liability for damages and compensation for non-pecuniary damage lies with the person responsible for the accident. Based on the circumstances, the mutual fault of the participants in the event or the fault of several drivers can be established if a mass accident has occurred. When compensating for damages under OSAGO, the fault of several participants is recognized as equal, until otherwise established, the payment is made proportionally.
It should be understood that the traffic police does not establish guilt in causing damage and even guilt in an accident. The police reveals and determines violations of the Rules of the road in the actions of the participants. In the general case, the violator of traffic rules is guilty of causing damage, but in disputable situations, the establishment of guilt or the degree of guilt is possible only in court.
Fines and other penalties for road accidents
Violation of traffic rules does not necessarily constitute an administrative offense. The violator cannot be brought to administrative responsibility if the corresponding article in the Code of Administrative Offenses is not provided for the violation committed. A typical example is a common cause of accidents - the wrong choice of speed. For such actions, liability is not established, if at the same time the maximum permissible speed provided for the given territory or established by road signs was not exceeded.
In the field of traffic safety violations, the following types of administrative penalties are applied:
a warning;
fines (most often fines range from 500 to 500,000 rubles);
deprivation of the right to drive vehicles for a period of 1 to 24 months;
arrest up to 15 days;
Compulsory work lasting from 100 to 200 hours.

For drunk driving by a person subjected to administrative punishment for a similar offense or for refusing to undergo a medical examination, criminal liability is possible up to imprisonment for up to 24 months.
Strict observance of the Rules of the Road reduces to a minimum, and possibly eliminates the likelihood of getting into a traffic accident. There is a belief among highly qualified professional drivers that it is easy to avoid an accident due to one's own fault, but a real driver should be able to avoid accidents due to the fault of other road users. Attentiveness and accuracy behind the wheel eliminate the problems not only of the driver himself, but also of those around him.

Every day you and I become road users: we ride public or private transport, bicycle or simply cross the roadway. At the same time, we must remember that the road is a source of danger, so we need to be very careful and follow the Rules of the Road. Too frivolous attitude to such a seemingly everyday thing can lead to unpleasant consequences - a traffic accident.

Road traffic accident - what is it

The Rules of the Road (hereinafter referred to as the SDA) give the following definition of an accident (clause 1.2): “An event that occurred during the movement of a vehicle on the road and with its participation, in which people were killed or injured, vehicles, structures, cargo were damaged or other material damage.

Let's analyze it in more detail.

Firstly, an accident is an event, that is, a phenomenon of life that does not depend on the will of people. In other words, something that we would not want to allow, but it happened against our will. At first glance, this is an insignificant nuance, but it will be important for lawyers to establish the fact of the “event”, since it will characterize the accident as an accident. Suppose two cars that were driving one after another, braking at a traffic light, collided. If the driver following behind simply did not have time to slow down, for example, due to bad weather conditions, that is, he did not want such consequences to occur, then what happened will be an “event”. And this will determine the further proceedings and the measure of responsibility of the violator (in this case, the restoration of material damage). And if the collision is committed intentionally, that is, at the request of the driver (in the language of lawyers, an “action” will be committed), then in the legal sense the situation changes dramatically: the driver violated not just public order, but encroached on someone else’s life or property, therefore there will be subjected to harsher penalties.

Secondly, a vehicle is involved in an accident, and it must move. These two signs must be observed simultaneously. Agree that if hooligans scribble a bad word on a car standing under the window, then this situation will not be an accident, although your vehicle “participated” in it (the guys will simply be held accountable for damaging someone else’s property). In this case, there is no important sign of an accident - the movement of the car.

Thirdly, an accident necessarily leads to negative consequences - causing damage (material or damage to health or life). For example, if a pedestrian ran out onto the roadway, but the driver managed to slow down and did not hit the violator of traffic rules, then this situation will not be regarded as an accident, because no one caused any harm (unless both got off only with a slight fright).

Thus, we see that an accident has three main features:

Occurs regardless of the will of the participants in the accident.
One of the participants is a vehicle that is in the process of moving, on the road.
Damage caused by an accident.

Participants in the accident

They can be drivers of any vehicles (cars and mechanical vehicles such as motorcycles, mopeds, tractors), and at least one of the vehicles in such an unpleasant situation must be on the way - move. Also, other road users can be involved in an accident: pedestrians, cyclists.

Causes of an accident

The most common reason is violation of traffic rules by drivers of vehicles. Most often, the following violations lead to emergency situations:
Violation of traffic rules by other road users. Even if the driver scrupulously observes traffic rules, it is not necessary to hope that pedestrians and cyclists will do the same. Therefore, on the way you need to be attentive and ready for anything;
Driver inexperience. Quite often, novice drivers or those who rarely drive are involved in accidents. Basically, this is fine; as we know, mistakes teach us. Only practice will help overcome inexperience. Through practice and your own mistakes, you will gain the necessary experience that will help you drive better and protect yourself from accidents.
Inattentive driving. Some drivers allow themselves to be distracted while driving: talking to passengers, using the phone, and even eating. This can lead to the fact that the driver does not notice road signs, traffic signals or does not orient himself in a traffic situation in time (this applies to both novice and experienced drivers). Safety is paramount, so try to focus your attention on the road while driving.
Technical malfunctions of vehicles. The good condition of the car is the key to your safety. Therefore, you need to quickly respond to extraneous noise in a running engine or other suspicious deviations from the normal operation of the car. And, of course, do not forget to pass inspection once a year. Remember, your life and the lives of your loved ones depend on it.
Bad road conditions (surface quality, weather). A "killed" road, on which you have to go around every hole, rain or ice - all this requires increased attention.

Indirect reasons include unreasonably risky behavior on the road, inability to control oneself in an emergency situation, poor physical/moral condition of the driver (illness, fatigue, stress). By and large, they lead to any reason from the list, but they are also worth paying attention to.

Types of accidents

Analyzing the situations in which car drivers most often got into an accident, the following types can be distinguished:

Collision. There are collisions of two moving vehicles (car, electric car, motorcycle and other mechanical vehicles), a collision of a moving vehicle with another that suddenly stopped, collisions with a train;
Assaults
- Hitting a pedestrian (even if he bumped into a car through his own fault);
- Hitting a cyclist;
- Hitting a parked vehicle. Please note that the vehicle was not in motion, but initially stood at the time of the accident (for example, in a parking lot). As opposed to a collision where the vehicle was en route but stopped abruptly, such as by braking in front of a pedestrian crossing;
- Hitting an obstacle or hitting it;
- Hitting a horse-drawn transport;
- Hitting animals (wild, domestic, as well as birds; including the case when they themselves hit a car);
Tipping. It is considered an independent type of accident if it was not the result of a collision or collision;
Other incidents (falling passengers, falling cargo, etc.).

Actions in case of an accident

About what to do to the driver involved in the accident, it is written in section 2 of the SDA.

The specific procedure depends on the situation, but in any case, you must do the following:

Stop the car or stay put, depending on the situation.
Turn on the emergency gang, put the emergency stop sign.
If an accident occurs, you need to stop the car and turn on the emergency light alarm
Do not touch anything at the scene of the accident. If the car involved in an accident interferes with normal traffic, then you need to clear the roadway. Before that, it is advisable to take a photo or video of the accident site, the location of vehicles on the road, damage and other important details of the accident.
In the event of an accident, the driver must place an emergency stop sign on the road.
Report the incident to the police and wait for further instructions.
If necessary, help the injured in the accident, call an ambulance.

Responsibility for an accident

Responsibility for an accident will follow if it happened through someone else's fault, and not due to some objective insurmountable reasons (for example, natural disasters). The type of responsibility and punishment for a traffic accident depends on the type and severity of the damage caused, on whether people were injured due to the accident. It also takes into account whether traffic rules were violated and whether the driver could have prevented the accident. Most often, several types of liability, discussed below, occur simultaneously, therefore, the punishment for an accident is a set of sanctions.

Civil Liability

An accident occurs in almost every case, it is a compensation in cash by the guilty party for all the harm caused as a result of an accident. This is legally enshrined in Article 1079 of the Civil Code of the Russian Federation: a citizen is obliged to compensate for the damage caused by his car, unless he proves that the damage arose as a result of force majeure - an extraordinary unavoidable event, for example, a natural disaster - or the intent of the victim.

The driver who caused the accident must be ready to pay for all the damage caused:

For damaged material items: vehicles, goods carried on them, various buildings and structures that were damaged as a result of an accident.
Expenses for medical care and treatment of those injured as a result of the accident, and possibly compensation for non-pecuniary damage.
Burial expenses if a person died as a result of an accident; compensation for moral damage to his relatives.

It should be noted that thanks to OSAGO, the expenses of the culprit of the accident may be less, since the insurance company will pay the full amount or part of it. If material damage is caused within the limits of 400 thousand rubles, and damage to health - within the limits of 500 thousand rubles, then the insurance fully covers it; Anything in excess of these amounts will have to be paid to the culprit of the accident.

Administrative responsibility

Chapter 12 of the Code of Administrative Offenses of the Russian Federation (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation) provides for fines and other penalties for various traffic violations. Therefore, administrative liability in case of an accident will come if it was caused by any of the violations of traffic rules specified in the Code of Administrative Offenses of the Russian Federation (but legally it will be responsible for a violation of traffic rules, and not for an accident).

Also, a driver guilty of an accident, the consequence of which was the infliction of light and moderate harm to human health, is brought to administrative responsibility. The consequences in the first case are a fine of two to five rubles or deprivation of a driver's license for a year to a year and a half; in the second case - a fine of 10-25 thousand rubles or rights for one and a half to two years (Article 12.24 of the Code of Administrative Offenses of the Russian Federation).

Criminal liability

It occurs in the case when an accident has led to the most serious consequences - as a result of the accident, people have been severely injured or killed. At the same time, the cause of the accident was a violation of traffic rules or the rules for operating the vehicle by the driver. In this case, liability is provided for in Article 264 of the Criminal Code of the Russian Federation. We note right away that not only the case when the victim died at the scene of an accident, but also if he died within the next 7 days, will be considered a fatal outcome. Below is a list of the consequences of an accident and the possible penalties in each situation.

Serious harm to human health has been caused (that is, life-threatening or involving any organ or its functions):
- restriction of freedom up to 3 years;
- forced labor up to 2 years (plus, deprivation of the right to hold certain positions or engage in certain activities for up to 3 years can be added to this);
- arrest for 6 months;
- imprisonment up to 2 years (may add deprivation of the right to hold certain positions or engage in certain activities up to 3 years).

Further, a sanction in the form of deprivation of the right to hold certain positions or engage in certain activities for up to 3 years is necessarily added to absolutely all punishments (unlike the above case, where such a sanction may or may not be added - at the discretion of the court).

Serious harm was caused to human health, while the driver was drunk:
- forced labor for up to 3 years;
- prison term up to 4 years;
One person died:
- forced labor up to 4 years;
- imprisonment for up to 5 years;
One person died, while the driver was drunk:
- prison term from 2 to 7 years;
Two or more people died:
- forced labor for up to 5 years;
- imprisonment for up to 7 years;
Two or more people died, while the driver was drunk:
- prison term from 4 to 9 years.

Responsibility for leaving the scene of an accident

In addition to liability for the accident itself and its consequences, Russian legislation provides for sanctions for the fact that the participant leaves the scene of the accident, since such behavior of the driver is contrary to his obligations prescribed in section 2 of the SDA. For such behavior, you can lose your driver's license for one and a half to two years or be arrested for 15 days (Article 12.27 of the Code of Administrative Offenses of the Russian Federation).

Also, traffic rules prohibit the driver of a vehicle after an accident, in which he became a participant, to consume alcohol, drugs and other similar substances. For violation of this rule, a fine of 30,000 rubles and deprivation of a driver's license for a period of 1.5 to 2 years will follow (part 3 of article 12.27 of the Code of Administrative Offenses of the Russian Federation).

A traffic accident is not the most pleasant situation. It takes a lot of strength, nerves, time, entails material costs. Therefore, be extremely careful while on the road.

There are millions of accidents in the world every year involving cars, which have long been recognized as the most dangerous mode of transport. Accidents occur for different reasons and have different consequences. According to these principles they are classified. The division of road accidents into types also occurs depending on the characteristics of the incident.

Read in this article

What does the concept of "classification of accidents" mean?

Accidents involving cars, motorcycles, public transport and other types of self-propelled moving devices are very diverse. Their growing number requires measures to reduce this phenomenon. After all, thousands of people die in road accidents and hundreds of thousands remain disabled.

But to prevent accidents, they need to be studied, which requires systematization. The classification of an accident is its element. This is their division into types. There are several ways to classify accidents:

according to the mechanism of occurrence;
by consequences;
for reasons of occurrence;
possible to prevent.

The classification of an accident is also important for its participants. This is sometimes the responsibility of each of them.

Types and their causes

The main classification of road accidents implies a division into 9 types. Knowledge of the types and causes of accidents is included in the list of necessary for drivers of vehicles of all categories. The reasons for the occurrence of accidents are divided into:

objective. These are the ones that do not depend on the driver. For example, the state of the road and the situation on it, weather conditions.
subjective. This includes everything related to the behavior of road users and the condition of cars. These are violations of the rules, technical malfunctions of machines, inattention, negligence.

clash

Mechanical contact between two or more vehicles in motion is called a collision. This type also includes an accident in which one car was driving, and the other suddenly stopped. If there was a rail vehicle among the participants, the accident is also classified as a collision.

This type of event happens:

Lobov. Such a collision is the most dangerous. It happens most often due to a violation of traffic rules with a departure into the oncoming lane.
back. In this case, it's usually the culprit. And there can be more than two participants.
Lateral. The collision is less dangerous than the previous types, but is more common. The reason is ignoring traffic rules in terms of providing an advantage on the road.
Tangent. This is the safest kind of collision. Occurs due to the negligence of the driver.

Head-on collision

When it comes to collisions involving rail transport, the driver of the car is almost always at fault. And these accidents are the most dangerous, since the train does not have the ability to quickly brake to prevent an accident.

rollover

This type of car accidents accounts for 15% of the total, more often it happens on country roads, where you can develop more speed. Rollover occurs due to:

speeding, especially on sharp turns, a bad road with a slope;
slippery canvas due to adverse weather conditions;
abrupt exit of the car from a side skid;
incorrect securing of the load, which outweighs the machine on one side;
wheel puncture causing side skid.

All factors contribute to the violation of the position of the vehicle and its stability when driving. The fall of the car on its side, front or rear occurs due to an increase in centrifugal force and inertia.

A rollover is a very dangerous type of accident, in which the death of people is likely. Its cause can be not only a blow, but also an instantaneous ignition of a car after it.

Hitting a standing vehicle

A collision between a moving vehicle and a vehicle at rest is called a collision. The role of a static object can also be a trailer or semi-trailer. The situation arises under various circumstances: in a parking lot, when leaving the yard, when stopping at a traffic light, rebuilding from one lane to another, etc. The reason for a collision with a stationary vehicle is:

violation of traffic rules;
inattention of the driver of a moving car;
parking or parking a static vehicle in the wrong place;
poor visibility of the road and curb.

The consequences of such a collision can be both minor and fatal. It all depends on the strength of the impact, the speed of the moving vehicle and the position of the standing vehicle.

Hitting an obstacle

This type of accident involves the participation of only one vehicle. The vehicle may hit a road post, bridge abutment, tree, building, curb, etc. The causes of this type of accident are:

violation of the rules;
bad weather conditions that prevent you from seeing the obstacle in time;
driver inattention.

The danger of such a collision is comparable to the consequences of a head-on collision. An accident can result in the death of people, but also only damage to the car.

Pedestrian collision

A car colliding with a person walking on the sidewalk or crossing the carriageway is called a collision. Also referred to as an accident in which a pedestrian collides with a vehicle in motion, which is much less common. There are several reasons for this type of accident:

ignoring traffic rules by a motorist;
violation of the rules by a pedestrian;
car malfunction;
difficult weather conditions.

Hitting an animal

Passenger fall

A person can fall out of a moving car or fall in the cabin if this was caused by the actions of the driver of the vehicle, an unfastened seat belt. This happens if the speed of the car or the trajectory of its path changes dramatically. Both of these cases are classified as accidents. The reason for this is the ignoring of traffic rules by the motorist and the passenger, non-compliance with the rules for transporting people, the circumstances that forced the transport to abruptly slow down.

Other types of accidents

Hitting a person who is not a member of the movement. A car from the roadway can fly into a residential area where there are people. This happens due to a violation of the rules, brake failure or adverse traffic conditions.
drop load. This happens due to its unreliable fastening, that is, due to a violation of the rules. Such an accident can result in death, serious injury and damage to the vehicle, and creates the risk of other types of accidents.

These are not all cases that can be attributed to the “other” group.

Classification according to the principle of avoidance

Many accidents could have been avoided if all traffic participants followed the rules and controlled the technical condition of their cars. There are other factors that affect the possibility of preventing an accident. The situations are divided into:

Dangerous. In this case, the situation on the road is such that an accident is likely, but not absolutely possible. There is a chance to avoid it if drivers take the right actions.
emergency. The road situation has developed in such a way that no maneuvers of motorists will save from the accident.

All types of accidents, classified according to the mechanism and characteristics of their occurrence, can be classified as both dangerous and emergency. It depends on the quality and features of the road, the skills of the driver, the speed and condition of the vehicle, and many other important nuances. Collisions, like collisions, rollovers can sometimes be avoided and other times not.

Accidents are also classified according to the severity of the consequences, dividing them into fatal ones, which caused bodily harm and brought material damage. But many of them have subjective causes, that is, ignoring traffic rules, drunk driving, inattention. If you remove everything that interferes with safety on the road, there will be much fewer accidents.

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The definition of an accident is specified in the following legal documents of the Russian Federation:

Federal Law No. 196 of 1995 (hereinafter - Federal Law No. 196);
Rules of the road (hereinafter - SDA);
Rules for accounting for accidents on the roads of the Russian Federation (hereinafter referred to as the Accounting Rules).

Definition

What is an accident? All 3 documents agree that the dictionary should understand the term road accident as an incident that occurred while a car (other vehicle) was moving on public roads and with its participation. A prerequisite is the presence of damage, which includes:

Injury to people;
death of people;
Damage to the vehicle (including hidden damage);
Damage to the transported cargo;
Damage to buildings and structures.

Kinds

Clause 3 of the Appendix to the Accounting Rules established the following types of accidents:

clash. An incident during which 2 moving vehicles (other vehicles) collided or the vehicle collided with a moving train. A collision can only be recognized as an incident during which the movement was carried out by both participants in the accident. However, the third paragraph of paragraph 3 made a reservation that this type should also include a collision with an abruptly stopped vehicle (due to a breakdown, due to emergency braking, etc.) or a collision of a train with a vehicle standing on the tracks.
rollover. Overturning the vehicle on its side or on the roof while driving.
Hitting. There are the following subtypes of hitting:

On TS. Collision of a moving vehicle with a standing vehicle (car, motorcycle, trailer). A collision does not include cases of an accident, the main features of which indicate that this is a collision (collision with an abruptly stopped vehicle).
To the obstacle. The impact of a car, motorcycle or any other equipment on an immovable obstacle: a house, a fence, a pole, a tree, etc.
On a pedestrian. Collision of a vehicle with a person due to the fault of the driver or pedestrian. This type should also include receiving damage from cargo transported on the road: boards or pipes sticking out of the trailer, etc.
For a cyclist. The situation is similar to a collision with a pedestrian.
For horse-drawn transport. Collision with a cart or an animal harnessed to this cart, as well as a collision with an animal not harnessed to a cart.

Passenger fall. The fall of a passenger while the vehicle is in motion, regardless of the reasons for such a fall. However, if the accident can be attributed to another type (collision, collision, etc.), the accident should not be considered a passenger fall. Also, a fall from (from) a stopped vehicle is not considered a fall of a passenger.
Other accidents. This includes all other possible situations: a load falling on a person (a car), a wheel (another part of a vehicle) coming off, etc. Separately, a non-contact incident is singled out when a road user, by his action or inaction, created a situation that led to material damage or harm to the life and health of third parties, but there was no direct contact. For example, when the actions of a cyclist forced the driver to make a sharp maneuver, due to which the car slid into a roadside ditch.

Members

Russian legislation clearly defines the concept of an accident. However, not a single legal document contains a definition of the concept of participants in the incident. But if we take all the available information, then the concept of "Participants in an accident" should be understood as all persons who, one way or another, participated in the accident. The legislation divides participants into 2 main categories:

The culprits who caused the accident;
Victims who suffered damage in an accident through no fault of their own.

Any person who is a road user can become the culprit and the victim. Article 2 of Federal Law No. 196 classifies pedestrians, drivers, cyclists and passengers as such. You should be aware that persons driving a horse-drawn cart, as well as cattle drivers driving animals across the road (along the road) are equated to drivers.

Separately, the participants in the incident are divided according to the degree of damage received:

Wounded.
Dead. A road accident victim is a person who dies from injuries sustained within 30 days of receiving them.

Both the perpetrators and the victims can be both wounded and dead.

The procedure for the driver in an accident

If the driver of the vehicle got into a traffic accident, then according to clauses 2.5 and 2.6 of the SDA, he must:

Stop your vehicle and turn on the emergency light. It is impossible to continue driving in a car, just as it is impossible to drive off to the side from the scene of the incident. However, paragraph 2.6 of the SDA determined that if the car completely blocked the roadway, then the driver should, if possible, remove the car to the side of the road, having previously recorded the scene. If possible, fixation is made by means of photos and videos.
Provide the required assistance to the victims and call the medical aid team. If the situation requires it, the victim must be sent to the hospital on a passing vehicle.
Set stop sign. The sign is placed on the road in the direction of travel. The minimum distance of the sign from the vehicle: in settlements - 15 meters, outside the city - 30 meters. The traffic rules determined that the distance from the sign to the vehicle should allow other drivers to notice the obstacle in time, slow down and make a detour maneuver.
Call the traffic police and wait for them on the spot.

Documents to be drawn up

Arriving at the scene of the accident, traffic police officers draw up the following documents:

Decree about the incident, which indicates the cause of the accident, the main circumstances, the date and exact time, a description of the damage to all vehicles. Attached to the protocol:

photo and video recording materials prepared by traffic police officers, the participants in the accident themselves or eyewitnesses;
scheme of the incident, drawn by a traffic police officer by hand;
eyewitness accounts of the accident and its participants.

Protocol on an administrative offense and, where the culprit of the accident and the traffic rules clause that was violated are indicated. Several copies are made: to the traffic police for storage, to the perpetrator for familiarization and to the victim for transfer to the insurance company.

If the culprit is not identified, a decision is drawn up to initiate an administrative case. If there is no culprit of the accident, a decision is drawn up to refuse to initiate an administrative case.

If the situation so requires, the participant in the accident (one or more) is taken for a medical examination to establish the fact of intoxication (alcoholic, toxic or narcotic) and to determine the number of ppm of alcohol in the blood.

Registration according to the European protocol

Paragraph 2.6 of the SDA, established that while the following conditions are met, participants may not call the traffic police:

Only 2 vehicles are involved in the incident;
Each of the drivers has a valid OSAGO policy;
Material damage was caused only to vehicles (one or two);
Drivers have no disagreement in determining the circumstances of the accident.

In this case, the drivers themselves must fill out the form of the Europrotocol issued by the insurance company. The Europrotocol is drawn up only on the form and according to the model approved by the insurer. One copy is enough to fill in, therefore, at their discretion, drivers can take the European protocol of the guilty or injured. The document displays the following information:

Place and date of the accident;
The number of vehicles that suffered damage;
Witnesses;
Information about the injured vehicle;
Information about the owner;
Place of the first blow;
List of damages;
Circumstances of the incident and scheme;
Signatures.

From June 1, 2018, the maximum amount of compensation under the Europrotocol is 100,000 rubles. Even if the damage caused by the vehicle exceeds this figure, the insurance company will not pay more than this amount. If the damage to the car clearly exceeds the specified amount, drivers are advised to call traffic police officers to the scene of the accident.