Fatal crash. Death by negligence in an accident: what threatens the culprit and what can the relatives of the deceased accident with a fatal outcome expect which article

Hello, this is Ilya Kulik.

If people died in a road accident, this qualifies as death by negligence in an accident, that is, in fact, manslaughter. And for this, a significant period of time has been laid. But since this is a careless act, the punishment can be mitigated.

The specific punishment will largely depend on the relationship between the guilty and the injured parties, and on the attitude of each of them to the process, since the trial concerns them directly.

Which article provides for liability for a fatal traffic accident

Article 264 of the Criminal Code of the Russian Federation provides for criminal liability for crimes unwittingly committed on the road by car owners, including those with a fatal outcome. Specifically, deaths in road accidents relate to points 3 to 6.

Punishment for fatal accident

As many as four points regarding accidents in which there are casualties are created to differentiate cases:

in count dead;
as of driver (sober/drunk).

Therefore, there are four degrees of punishment.

When convicted for any of them, they are selected driver's license up to 3 years as an additional punishment. Unless otherwise stated, the minimum term for each type of punishment is 60 days.

What are the penalties for each case?

If only one person died and the driver was sober, several punishment options are possible, namely:

up to 4 years forced labor;
up to 5 years deprivation of liberty.

If there are multiple deaths in an accident, the judge will choose one of the following measures to apply to a sober driver:

for 5 years maximum - forced labor;
up to 7 years- deprivation of liberty.

For persons who committed the same crime in the state, the punishment will be more severe. Since 2014, for drunkenness accidents, if people died, a lower limit of the duration of punishment has been set.

If one person died in an accident punishment for a drunk driver will be imprisonment for a period of 2 to 7 years.

With the death of several persons, the drunken culprit is supposed to the smallest term of imprisonment is 4 years, and the maximum is 9 years.

Peculiarities of criminal cases initiated on causing death due to negligence in an accident

Initiation of a fatal accident case is possible within 6 years. Therefore, if not later than six years later they find the perpetrator who fled the scene of the accident, he will suffer criminal liability.

Note. In the event of the death of the perpetrator, a criminal case is not initiated.

Since causing death as a result traffic accident is considered an unintentional act (unless proven otherwise), caused by negligence. In fact, after all, no driver wants to become the culprit in the death of others. Therefore, even a violation of traffic rules while drunk, which resulted in the death of many people in an accident, is considered a crime of moderate gravity.

From this comes the possibility:

probation;
case closure by reconciliation of the parties.

Will the perpetrator be punished?

Many people think that pedestrians do not bear any responsibility, even if they violate traffic rules. But it's not. Yes, in most cases, it is the driver of the vehicle who is found guilty, since he must always keep the situation under control, drive at a speed that allows him to slow down in time, etc.

But when it is proved that the driver did not have any technical or physical ability to prevent an accident, the pedestrian is recognized as the culprit. Recently, with the widespread use of video recorders and, most importantly, the acceptance of video recordings in court, it is becoming easier to find the truth.

What is the punishment for foot culprits?

So what will happen to the pedestrian if the court establishes that he is the culprit of the incident, in which there are human casualties? Article 264 cannot be applied to him, since it is only for the drivers of the vehicle. But there is another article in the Criminal Code - 268 for pedestrians, passengers and other road users who are not drivers.

Guilty of the death of one person maximum threatened with four years(one from the list):

restriction of freedom;
forced labor;
deprivation of liberty.

When death because of the suspect two or more people, maximum the possible period of forced labor is increased to 5 years, and imprisonment up to 7 years, restriction of liberty will not apply. The state of alcoholic and other intoxication does not provide for a separate punishment, but may be recognized by the court as an aggravating circumstance.

Where is the perpetrator serving his sentence?

I think that many of you, when you hear the words “criminal term”, “imprisonment”, immediately imagine prison casemates. In fact, convicted unintentional crimes serving time in penal colonies.

In such institutions there is no security and constant supervision, there are no restrictions on mail communication and personal visits. They live in dormitories, but it is also possible to provide a separate living space if the convict wants to live with his spouse. In some cases, it is allowed to live outside the colony. Labor is carried out and paid in accordance with the Labor Code of the Russian Federation. Penalties are imposed for refusing to work, for example, a ban on leaving the hostel.

In general, the most significant difference from ordinary life is the need to be in a strictly defined territory and periodically report to the authorities, as well as the fact that the administration can at any time check, inspect things, etc.

The main disadvantage of settlement colonies is the likelihood that among the prisoners there will be real criminals serving time for serious crimes, but brought to the colony for good behavior or for other reasons. Such persons bring a prison atmosphere to the colony.

What is taken into account when sentencing

When deciding on punishment, the judge takes into account the various circumstances of the case, which can either reduce or increase the punishment.

What is the reason for reducing the punishment

Mitigating for a fatal accident will be:

committing a crime for the first time;
the fault of the victim(for example, in a collision between two cars, the passenger of the driver who did not violate the rules was not fastened. If the unfastened passenger was in the culprit's car, the responsibility for not using the seat belt lies with the driver);
perpetrator is underage;
the accused is a pregnant woman;
the defendant has minor children;
surrender, assistance in the investigation;
the perpetrator provided medical assistance to the victim and voluntarily compensated for the damage (non-pecuniary damage).

If the defendant agrees with the prosecution, he may petition for sentencing without a regular trial if the victim is willing.

With such special order judges take into account only the personality of the defendant and aggravating and mitigating circumstances. Punishment in such a process is not assigned for a period greater than the maximum for the crime in question.

Note. Upon the death of a person who has been harmed, one of his close relatives is considered the victim.

Which makes the guilt worse

Aggravating circumstances for causing death in an accident include: recommission crimes. Causing death and drunkenness are themselves assessed as aggravating circumstances, but since they constitute a sign of the crimes described in Art. 264, as when sentencing they are not taken into account as aggravating.

Reconciliation of the parties

Formally, the legislation allows reconciliation of the parties in case of any crime of medium gravity. However, for a long time there have been disputes both among the legislative and judicial societies about the legality of reconciliation of the parties in cases related to the death of people.

Opponents of reconciliation argue that relatives and other representatives of the deceased, who are recognized as victims, do not have the right to reconcile with the culprit on behalf of the deceased.

In any case, the decision to terminate the case by reconciliation of the parties is taken by the court on a case-by-case basis, to terminate the case is the right of the judge, and not his duty. And since there is no final decision, depending on the region and even the specific court, a different solution to this issue is possible.

For example, the Sverdlovsk Regional Court considers it unacceptable to reconcile the parties if there was a loss of life, and the courts of Tatarstan, including the highest ones, almost always dismiss cases related to fatal accidents upon reconciliation of the parties.

Probation

Theoretically, since any death caused in an accident is considered a negligent act and is of medium severity, a suspended sentence is possible if the appointed term is not more than 8 years. A suspended sentence is assigned when the judge believes that a person can improve without isolation from the public.

The judge chooses the specific punishment. As practice shows, for accidents committed while drunk, a suspended sentence is not assigned. In some regions, judges refuse probation even for inflicting death while sober on one person.

In general, the perpetrator is likely to get off with a suspended sentence, but this will require significant mitigating circumstances, the absence of objections from the victims and accusers, and competent legal support. If the accident that led to death was committed while intoxicated, the real term cannot be avoided.

Compensation for moral damage

The death of a person is always grief for those to whom he was dear and an irreparable loss, so the question of compensation for moral damage to relatives naturally arises.

How much will the insurance company pay for OSAGO in case of death in an accident
Since 2015, insurance companies have been paying out 475,000 for every death. This amount is distributed among all beneficiaries, who are recognized not only as those who lost their breadwinner, as before, but also close relatives (spouse, children, parents, a person who supported the deceased as a dependent). If there are several persons wishing to receive payment, and the court recognizes each of them as a victim, the maximum amount will be equally divided between them.
If compensation for harm to health was paid before the death of the victim, then the amount paid is deducted from the death benefits.
Any person who submits documents evidencing burial expenses can receive up to 25,000 rubles in compensation.
Summing up
punishment for the culprit a fatal accident is quite severe;
to the judge's decision on the appointment of this or that punishment, the attitude of the perpetrator and the victims to the case, confirmed by the relevant statements, is significantly influenced;
reconciliation of the parties and probation– possible, but not mandatory, resolution of the case;
victims will receive payment from the insurance company and may require the perpetrator to compensate for non-pecuniary damage.

Conclusion
Causing death as a result of an accident, on the one hand, is a serious act, on the other hand, it always happens unintentionally, against the will of the culprit. Therefore, in making a decision, all the circumstances of the case will be taken into account so that the guilty person suffers a punishment that is sufficient, but not exceeding the gravity of the crime.
In conclusion, watch the video in which the judge of the Chelyabinsk Regional Court answers questions in criminal cases relating to an accident.

It ends with the death of people (passengers, drivers, pedestrians, and so on). For the death of a person, the perpetrator is punished in accordance with the Criminal Code of the Russian Federation.

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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The type and amount of punishment is influenced by many different factors, which can be both mitigating and aggravating. What punishment is provided in a given situation, read on.

Fatal Liability Legislation

Before the hearing, the following procedures are carried out:

review of a traffic accident. Since people were injured as a result of the collision, the fixation of the accident and the determination of the causes and culprit of the accident are carried out by traffic police officers (in this situation it is impossible);
obtaining evidence. Most road accidents are investigated with the assistance of eyewitnesses of the accident, who help to establish certain factors. That is why immediately after calling an ambulance and the traffic police, it is important to collect information about eyewitnesses;
getting more information. Due to installation on the streets locality a large number of security cameras, as well as the availability of video recorders for drivers, you can get real data on the causes of the accident and its consequences;
analysis of the technical condition of vehicles. The presence / absence of malfunctions that could lead to a tragedy is revealed, as well as the ability to drive a car in a critical situation;
trace study is being carried out, which allows you to set the speed and trajectory of movement vehicle, the presence of obstacles on the roadway that could cause a collision, the location of vehicles on the road before and after the accident;

Trace examination is carried out by qualified employees in special laboratories. The basis for obtaining the results are photographs from the scene and submitted videos.

a relationship is established between the accident and injuries sustained by the injured. Often there are situations when a person dies not from direct contact with a car, but, for example, as a result of a heart attack. Such situations are already considered under other articles, including Administrative Code(CoAP);
the psychological state of the driver is ascertained – .

The presence / absence of factors is determined, which resulted in a decrease in the reaction of a person, the behavior of the culprit at the time of the collision is investigated.

All procedures are aimed at determining the circumstances of the accident and the relationship between the collision and the damage caused. Additionally, mitigating or aggravating factors are established.

What actions of the culprit affect the severity

Since the driver's punishment for a fatal accident is determined taking into account aggravating factors, it is important to find out what exactly can be attributed to grave circumstances.

Under the law, the perpetrator of an accident will be held more strictly liable if:

the driver was under the influence of alcohol or drugs at the time of the accident;

The use of these drugs when driving is prohibited, as the level of human reaction to the occurrence of any circumstances is significantly reduced.

operation of the car with malfunctions established by the traffic rules. The traffic rules indicate a number of malfunctions, in the presence of which it is impossible to drive a car;

If, as a result of the examination, it is revealed that the cause of the accident is a prohibited breakdown, the presence of which the driver did not pay attention to, then the punishment will be significantly higher than the established norm.

constant violation of established traffic rules. All offenses are entered into a single database, which makes it possible to identify unruly drivers. For systematic traffic violation punishment may be increased;
commission of an offense by a group of persons. For example, a group of young people drives a car and deliberately obstructs the passage of other road users or the passage of pedestrians;
deliberately leaving the scene of a traffic accident in order to hide any factors, for example, alcohol intoxication;
failure to provide or untimely provision of first aid to the victim. it was established that after a traffic accident the driver is obliged to stop immediately, take steps to inform other drivers about the critical situation (switch on the emergency signaling on motor vehicle, put up special warning signs at a certain distance), call the traffic police and an ambulance, provide first aid to the victim.

Failure to comply with these requirements will be regarded as an aggravating circumstance.

If one or more of the factors listed above are identified, the driver may receive the maximum penalty for a fatal accident.

In what cases can you mitigate

In order to obtain more complete information about the punishment for a road accident that resulted in death of people, it is also necessary to find out the factors that may be regarded by law enforcement agencies as mitigating circumstances.

These factors include:

the conclusion of a settlement agreement between the perpetrator of the accident and the representative of the deceased. This factor will be regarded by the court as a cover for the damage caused. but settlement agreement can be concluded only if the perpetrator has no criminal record;
pregnancy of a woman - a driver who became the culprit of a collision with a fatal outcome. In this situation, the punishment can be either reduced or delayed, for example, until childbirth or the child reaches a certain age;
the presence of minor children at the perpetrator of the accident, in the absence of other relatives who could take up education;
long experience of accident-free driving, proven by certificates, extracts or other documents;
the presence of other factors that indirectly led to the accident and death of a person. For example, the unsatisfactory condition of the roadway and the inability to correctly drive a car that has fallen into a deep hole;
timely provision of medical assistance to the injured and the fulfillment of all requirements stipulated by the traffic rules.
other factors relating to the personality of the driver, his psychological state, living conditions, and so on.

A lawyer or car lawyer will help to identify the presence / absence of mitigating circumstances in a particular situation. Therefore, after an accident, the perpetrators are advised to immediately receive qualified assistance.

Possible punishment options

So, for a road accident with a fatal outcome, the driver who became the culprit is attracted:

to criminal liability;
to administrative responsibility;
to civil liability.

In accordance with the Criminal Code, the following types of punishment can be imposed:

Forced labor, the term of which, depending on the circumstances, can be from 4 to 5 years. In addition to this type of punishment, as a rule, is the deprivation of the right to hold any position or engage in a certain kind activities for a period not exceeding 3 years.
Imprisonment for up to 9 years.

In the presence of mitigating circumstances, the real term of imprisonment may be replaced by a suspended sentence (). The conditional sentence provides for a certain probationary period.

If any other offense is committed during this period, the term of imprisonment shall be extended by the period previously established.

In addition to criminal punishment, the driver is subject to administrative liability (), which consists of:

in the imposition of penalties for a particular violation (for example, for violation of the established rules for driving at intersections, the amount of the fine is 1 000 rubles);
in deprivation of the right to drive motor transport, for up to 3 years.

In accordance with Civil Code the culprit of the damage, including the death of a person, is obliged to compensate for the moral () and material () damage.

If the culprit of a fatal accident is an underage driver who somehow got the right to drive, then in accordance with the responsibility lies not only with the driver himself, but also with his official representatives (parents, adoptive parents, guardians, and so on).

For a fatal car accident while intoxicated

As a rule, during the investigation of the causes of a road accident, the accused is sent to a specialized medical center for an examination for alcohol and drug intoxication.

If the examination establishes that at the time of the accident the driver was drunk or under the influence of narcotic or psychotropic drugs, then according to Article 264 of the Criminal Code of the Russian Federation, the punishment will be as follows:

Thus, fatal road accidents are punishable under the Criminal Code.

If the perpetrator fled

Immediately after a collision with another vehicle or pedestrian, the driver must:

stop and do not move the vehicle until all the causes of the incident are clarified;
turn on the alarm and set the emergency stop sign;
provide first aid to injured people;
call the traffic police and an ambulance to the scene.

Violation of one or more established rules is punishable by.

The death of a person as a result of an accident on a highway is an extremely difficult situation in which a driver of a vehicle may find himself. For fatal traffic accidents Russian Federation an appropriate measure of responsibility is provided, which is determined after considering all the circumstances of the tragedy.

First steps at the scene of an accident

First of all, all participants in the accident should take care of saving the lives of people who survived the accident. This is not only a manifestation of humanism, but also the duty of everyone who is close to a person whose life is in danger. You need to immediately call an ambulance and only after that - the police and a representative of the insurance company.

What is provided by law

What is a traffic accident, spelled out in the Rules traffic Russian Federation, clause 1.2. The entire responsibility for the consequences lies with the violating driver. In most cases, he is threatened administrative responsibility. However, in case of causing death in an accident, article 264 of the Criminal Code of the Russian Federation will apply. It provides for punishment both in the form of deprivation of the right to drive a car, and in the form of imprisonment for one or another period.

Note that the prospect of receiving a sentence of imprisonment for up to five years is not an indispensable consequence of a traffic accident.

According to article 76 of the Criminal Code of the Russian Federation, in a fatal accident, the driver who is responsible for the death of a person can avoid criminal prosecution.

For this, the following conditions are necessary and sufficient:

the driver has no criminal record;
reconciliation of the parties.

In this case, there should not be a previous conviction at all, even for crimes of small and even more so of medium gravity. Reconciliation is the product of an agreement. Representatives of the deceased are entitled to monetary compensation from the perpetrator of the tragedy. Its size is not limited by law and depends only on their desire.

Under insurance, the victim is guaranteed to receive compensation, which cannot exceed 135,000 rubles. However, this will happen only in a situation where reconciliation of the parties is not achieved, and the articles of the Criminal Code of the Russian Federation, which deal with fatal accidents, will be applied to the driver.

Driver responsibility

In case of a fatal accident, the following types of punishment are established:

Forced labor (up to four years) or imprisonment (up to five years) - this is if one person died in an accident.
If the driver was drunk, then the liability for a fatal accident increases, and forced labor as a punishment is not applied to him. The court may impose up to seven years in prison on the perpetrator.
The maximum punishment - up to nine years in prison - the driver will receive if he was in a state of intoxication, and more than two people die in the tragedy.

The term for a fatal accident depends on various circumstances, both aggravating and mitigating. The court must take into account:

whether the driver was under the influence of alcohol or drugs. These substances slow down the reaction, and driving after their use is strictly prohibited. A drunk culprit in an accident with a fatal outcome cannot receive a suspended sentence;
Was the car technically sound at the time of the accident? The state of the vehicle will be indicated not only by the diagnostic card, but also by the inspection after the accident;
how often the driver was seen as a traffic offender;
the identity of the offender: whether it was a minor who was allowed to drive, a group of persons. If the driver was a person who does not have the right to drive, then the owner of the car will also be held liable;
denial of assistance or leaving the scene.

Criminal liability for fatal crashes is often mitigated. The perpetrator has a chance for this if his lawyer provides the court with weighty circumstances provided for by Russian law, namely:

the driver takes care of a person in need of care;
in the family of the culprit of the accident there are small children, whose upbringing, except for him, there is no one to take care of;
the tragedy was provoked by the situation on the road: adverse weather, ice, road surface, etc.;
the murder in an accident by negligence was committed by a pregnant woman;
long driving experience without an accident. It can be taken into account, but will not be the main reason for mitigation of punishment;
The driver took all measures to save the life of the victim.

What punishment for a fatal accident the court will issue depends on how competently the lawyer can identify and provide arguments in favor of the guilty driver.

Criminal liability is provided when death occurred directly at the scene of the incident or as a result of severe or moderate injuries.

However, often the primary medical examination does not fix the life-threatening condition of a person who, for example, died a day later. In this case, additional investigation is needed to identify the true cause of death.

A person can die not from injuries, but from an existing disease. There were cases when the driver died from a heart attack that happened in difficult traffic conditions. In such a situation, the article of the Criminal Code of the Russian Federation does not consider the driver as the culprit of the death of a person, but only on condition that the forensic medical examination proves this.

Note that the minimum penalty for a fatal accident in Russia is:

two years in prison if the driver committed the crime while intoxicated;
four years - if more than two people died.

Fatal crosswalk crash

Not always the direct culprit of the tragedy is the driver. A negligent death in an accident is a heavy loss for the family of the deceased, and the culprit must be punished. However, in the event of the death of a pedestrian, the punishment for the driver depends on the circumstances of the incident, such as:

place of the accident. It's one thing if the collision occurred on pedestrian crossing, and quite different if the pedestrian died in a place not specified for crossing the road;
condition of the pedestrian (alcohol, drugs);
time of day, road lighting;
vehicle speed.

Above, we examined the penalties provided for in the event of an accident with death by the Criminal Code of the Russian Federation. However, let's not forget about civil and administrative liability.

Civil responsibility

Article 1064 of the Civil Code of the Russian Federation provides material liability responsible for the traffic accident. As a rule, the insurance company compensates for the loss on the basis of the OSAGO policy, without which no one has the right to drive. If there is no policy, the driver will have to bear the civil liability resulting from a fatal accident, independently and in full.

The amount of damages will be determined by the trial. Regardless of the punishment imposed in criminal proceedings, the driver will have to compensate for material damage. Let's not forget that in most cases, the relatives and friends of the deceased also file a claim for compensation for moral damage, and here we can already talk about significant amounts.

Administrative liability for death in an accident is also regulated by the Code of Administrative Offenses of the Russian Federation (Chapter 12). This includes a fine of up to 50,000 rubles, deprivation of rights, and administrative arrest.

However, in case of an accident with severe consequences, administrative liability is rarely applied.

Employer's responsibility

Not all perpetrators get into an accident on a private vehicle. The driver can be “on duty”, that is, drive along a route specified by the waybill. The fact that he is at work must be evidenced by the relevant documents:

waybill;
exit log outside the fleet;
the result of the pre-trip medical examination;
labor contract with an employer.

You ask: why should the relatives of the deceased know this? The fact is that they have a chance to demand compensation from the employer for material damage. These are funeral services, and, to some extent, the costs associated with representation in court, and other consequences of a fatal accident. Sometimes it is possible to compensate for part of the moral damage - it all depends on the preparedness of the lawyer to conduct your case.

The driver fled the scene

A valid reason to leave the scene of an accident is only transporting a person to provide emergency care. After that, the driver must return and take part in the analysis of the incident.

What does the jurisprudence say?

The tragedy on the road always receives an appropriate assessment from the side of the court, which recognizes only the person who actually committed the offense as guilty. If the driver acted within the framework of the traffic rules, then it is impossible to condemn him. Another thing is if the driver was sober and the accident happened unintentionally, as a result of banal inattention. In this situation, the driver needs to take care to involve an experienced lawyer in the trial, who will be able to provide the court with strong arguments so that the perpetrator of the incident receives a suspended sentence.

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Not a single motorist is insured from accidents on the road.
Most often, cars are involved in accidents. But sometimes drivers and passengers get injured.

The most serious consequence of the collision is the death of a person. Obviously, the perpetrator of the incident did not want anyone to die, but his actions led to the tragedy.

What threatens the driver who provoked a fatal accident? How to behave at the scene of an accident? What can be done to mitigate the punishment? We will answer these and other questions in our material.
Which article provides for liability for a fatal accident?

For the death of a person in an accident, liability will come according to. Punishment under it threatens not for causing death as such, but for violating the rules for operating a car or traffic rules.

The following types of sanctions are possible:

restriction of freedom;

forced labor;

arrest;

deprivation of liberty.

Additionally, the perpetrator of the accident will be deprived of the right to hold certain positions or engage in certain activities for a period established by the court.
When imposing a sanction, the court will take into account the presence of mitigating and aggravating factors. In addition, the behavior of the accused at the scene of an accident will not be left without attention.

The right actions after the accident can mitigate the punishment, and the wrong ones will only aggravate the situation.

Actions at the scene of an accident that affect punishment

After an accident, drivers are usually in a state of shock. But you should not give in to panic and emotions - you can take actions due to which you will receive a more severe punishment.
You should not:

hide from the traffic police;

leave the scene;

leave the victims in trouble;

try to hide the traces of the crime.

These circumstances will be regarded by the court as aggravating guilt.

They also include:

gross violation of traffic rules, which caused the death of a person;

the presence of a criminal record for similar crimes or administrative penalties;

drunk driving (alcohol, narcotic or toxic intoxication);

driving a car without a license (if the driver is deprived of them or never had one).

By providing all possible assistance during an accident, you help not only the victims, but also yourself. The court will take this behavior into account and mitigate the punishment.

You will commute your sentence if you help the victims, call the doctors and the traffic police.

Also, the sanction will be less severe if the person responsible for the accident:

has small children;

is in position;

violated traffic rules for the first time;

he himself was seriously injured, as a result of which he received a disability or lost his ability to work.

It is extremely important during the investigation and consideration of the case in court to confirm the existence of extenuating circumstances in order to alleviate your situation. But the court will make the final decision.

How can a lawyer help?

Causing death by negligence, including in an accident, is considered a crime without intent. Despite this, the sanction under the article is quite severe. And the reason for this is the death of a person.

It is worth contacting a lawyer for both the culprit of the accident and the relatives of the deceased. Consider how a lawyer for each party can help:

Guilty

The lawyer will assess the circumstances of the case, find mitigating factors for the motorist, and be able to correctly justify to the court why the punishment should be less severe. It is also possible to prove that the citizen is not at all guilty. If the court is presented with evidence that the driver did not violate traffic rules and the rules for operating the vehicle, he will be released from liability.

Relatives of the deceased

The loss of a loved one is a severe emotional trauma for his loved ones. If the head of the family died in an accident, his relatives may be without a livelihood. The lawyer will help to prove to the court that the guilty driver should not be released from criminal liability. He will be able to recover from the violator compensation for property and moral damage.

It is worth contacting a lawyer for both the guilty driver and the relatives of the deceased.

What is the risk of death in an accident?

The death of a person in an accident is an aggravating circumstance. Sanctions for this crime are established in. The first two parts provide for liability for grievous injuries.

If one person died, while the motorist was sober, he is threatened with:

up to 4 years;

imprisonment up to 5 years.

Also, the guilty driver will be deprived of his license for up to 3 years.

If two or more people died due to the fault of a sober motorist, he can be involved in forced labor for up to 5 years or be deprived of liberty for up to 7 years. He will also be taken away driver's license for 3 years.

The measure of punishment depends on whether the guilty driver was "under the fly" and how many people died through his fault.

If a citizen got behind the wheel drunk and provoked an accident in which one person died, he faces imprisonment. Upper bar - 7 years. If there are two or more deaths, the maximum penalty is 9 years.

If the driver already has a conviction for causing death by negligence or has previously been subjected to administrative punishment for drunk driving, the sanction will be determined by.

The punishment will be more severe:

fine up to 300 thousand rubles. (or confiscation of income up to 2 years);

mandatory work up to 480 hours;

forced labor up to 2 years;

imprisonment up to 2 years.

Additionally, the driver will be banned from certain activities for up to 3 years.

For causing death by negligence in an accident, you can “shine” a term of imprisonment from 5 to 9 years.

Will the perpetrator be punished?

Not only drivers, but also other road users are responsible for death in an accident.

Consider several cases involving a pedestrian that led to an accident:

Violated traffic rules and died

The pedestrian ran onto the road in the wrong place or at a red light, after which the driver knocked him to death. If the motorist did not violate the rules, tried to brake sharply, but did not have time, he will not be held accountable. However, he will be obliged to compensate the relatives of the deceased for harm.

Violated traffic rules and the driver died

The sanction for pedestrians is provided for in. The maximum punishment is imprisonment up to 4 years. The court may apply a milder sanction and assign a suspended sentence or forced labor. The relatives of the deceased may also demand compensation for the harm. If two or more people die because of a pedestrian, the prison term will increase to 7 years.

Violated traffic rules, but only cars were damaged

In this case, the pedestrian who provoked the accident will have to pay all the costs of the driver for the repair of the vehicle. If a citizen is injured at the same time, the driver will have to reimburse the costs of treatment.

A pedestrian for his actions, which led to an accident and the death of people, can receive a prison term of up to 4 years.

Where is the perpetrator serving his sentence?

Causing death by negligence cannot be put on the same level as murder.

Therefore, drivers sentenced to a real prison term serve it in milder conditions - in colonies-settlements. They do not have constant supervision, hostels are provided instead of prison barracks, there are no restrictions on personal visits and mailings.

Arbitrage practice

Experienced lawyers are familiar with the current judicial practice, therefore, they know what evidence the court considers appropriate, and which it will not take into account. Let's give examples.

Example #1

If the driver violated traffic rules, and a pedestrian died in an accident, who himself neglected the rules of the road, the punishment for the motorist may be mitigated. This decision was made by Krasnodar regional court in 2016 in case No. 22-6196/2016.

Example #2

The bus driver hit a man who ran across the road in the wrong place. The pedestrian is dead. By decision of the first instance, the driver was sentenced to 2 years in prison and deprived of his license for 3 years.

However, the appeal did not agree with this verdict. The judge took into account the fact that the deceased pedestrian himself violated the rules of the road. The sentence was softened. The term was reduced to six months.

Example #3

Quite often, drunk people get under the wheels. Many drivers think that this automatically places the blame on the pedestrian, but this is not the case.

If a citizen crossing the road did not violate the rights, his condition does not play a role. This decision was made by the Moscow City Court in case No. 10-17615/2016.

Example #4

The driver on an unregulated crossing to death knocked down a woman. The medical examiner found that she was drunk, but she crossed the road according to the rules.

Court verdict - 1.5 years in prison. The driver was also left without a license for 2 years. He tried to appeal the decision, but the appeal upheld the trial court.

Thus, both drivers and pedestrians will be held criminally liable if they violated traffic rules and provoked an accident in which people died.