All news
Who is to blame for hitting a pedestrian if he did not follow the rules? The Supreme Court examines the nuances
So what are we talking about? A female driver hit another girl on the road. Thank God, not fatally. Usually injured. This is an administrative offence and can result in a license suspension for up to one and a half to two years or a fine of 10 to 25 thousand roubles for the driver. In addition, compensation for damage to health and moral damage is also possible.
But the girl driver thought that it was not her responsibility to answer. In her opinion, the girl pedestrian was drunk. It was impossible to predict her behavior on the road. It seems that only this "but" can put an end to the matter. But it is not that simple.
Let us recall that the rules stipulate that drivers must drive at a speed not exceeding the speed set by signs and other restrictions. Road and weather conditions, especially visibility in the direction of travel, must also be taken into account. The speed must provide the driver with the ability to continuously control the movement of the vehicle to meet the established requirements. And when a road hazard arises that drivers can notice, they must take possible actions, such as slowing down and stopping the vehicle. This is stated in the famous paragraph 10.01 of the Traffic Regulations. This has led to many drivers being deprived of their rights and freedoms. After all, nothing is said about speeding. It simply states that drivers must drive at a speed that ensures safety. It does not matter what restrictions are set on the road.
But there is another important point in this story. The court of first instance established that the car was moving at an excess of speed. Moreover, the fact of the violation was confirmed by a video camera and a video recording of the violation. However, there is one subtle point. In fact, the girl driver was caught on camera while driving at high speed. However, this was within the permissible limits. Therefore, no administrative data on the fact of speeding were presented. Moreover, the camera was not at the crossing, but very far from the crossing.
However, Article 10.01 of the Rules still played an important role. Was there an excess? It was. Was it established? It was. In addition, drivers must drive with visibility taken into account, as well as at a speed not exceeding the established speed on certain sections of the road. In general, the driver violated the requirements of this very paragraph of the rules in all respects, as indicated in the protocol.
The Supreme Court explained that the claims set out in the driver's complaint, such as the violation of traffic rules by the girl and the pedestrian and the state of intoxication, cannot be taken into account. According to Article 25.1 of the Law on Administrative Offenses, a ruling or resolution on cases of administrative offenses is issued only with respect to the person responsible for administration, and no conclusion can be made on the guilt of any other person. Cases established in accordance with Article 26.1 of this Law on Administrative Offenses go beyond the scope of the subject of proof.
Roughly speaking, once the lower court establishes the culprit of the accident, other courts will not be able to change anything here.
The Supreme Court stated that "the judge has no right to give a legal assessment of the actions of the second participant in a traffic accident, and also has no right to prove someone's guilt in the traffic accident that occurred." "This is a confirmed case of speeding, and this is directly related to the harm caused to the health of the victim," he explained.
As lawyer Lev Voropaev told RG, this is standard judicial practice. According to Article 12.24 of the Code of Administrative Offenses, if the driver's guilt is proven, the pedestrian will not be investigated.
"There was an incident," the lawyer explained. "A pedestrian was hit by a car while he was lying on the road in a drunken state. The investigation established that the driver had the opportunity to avoid the accident. However, the pedestrian's actions in this situation did not play any role.
Therefore, drivers must be very careful when driving on pedestrian crossings. And do not exceed the speed limit when approaching, even if it is within the permissible limits.