That threatens the perpetrator?
The law specifies clear — leaving the scene of an accident is equated to the heavy administrative offence that is drawing to a damage to property and even health of a person. When considering the case in the future can be assigned to two forms of punishment: administrative detention, the duration of which reaches 15 days or the confiscation of driver’s license for a period of 1-1. 5 years, with the subsequent need to retake the exam. Interestingly, the legislation does not provide specific criteria for choosing a punishment for leaving the scene of an accident — only specified that the form of the sanctions determined by the severity of the circumstances.
Many people prefer to choose administrative detention, because the car often for work, business or personal trips, and even include a petition about this in the official explanation of his offense. However, such action is completely useless: the punishment chosen by a judge, and only the head of Department of traffic police, which had registered the offence, may recommend (but not more!) to apply the measure. It is worth mentioning that in the greatest number of cases is the deprivation of rights, because the judges consider it an effective measure to prevent severe offences in the future. Legal statistics show that the administrative appointed by about 5-10% left the scene of the accident, depending on the region.
- Mothers of children under the age of 14 years, pregnant women;
- Minors (even if illegal control of transport);
- Military and designed the fees;
- People with disabilities I–II group;
- The holders of special ranks of paramilitary organizations and law enforcement agencies.
Even with a strong desire of the driver and the recommendation of the traffic police, a judge may not appoint an administrative such person, who went from the point of accident. So, if you leave the scene, get ready for a long time use other transport or using the driver.
When can I leave?
If the person in need, leaving the scene of an accident, it is not necessary to it will apply strict punishment. A good example is a collision on the road, which threatens to become a cause of hours-long congestion. Clean car urgent need, but first you should enlist the support of witnesses. It is advisable to draw up on paper a diagram, draw it on a clear direction that will help the traffic police to reconstruct the incident, and it is also possible to apply approximate distances. On paper should put their signatures 2-4 of the witness, and in the presence of chalk, paint or any other similar tools worth to outline the contours of the car standing on the road.
Also do not say that the driver really has disappeared from a road accident place, when the incident was minor, it involved only two vehicles and both parties agreed on a scheme of events. The main requirement – the need to fill out the notice of the insurance company about the incident — it is often called the “European accident report”. But it is worth remembering that payments will be limited to the amount of 50 thousand rubles, so if the damages clearly exceed such amount, wait for law enforcement officers. Leaving the scene of a minor accident it is allowed, if both parties do not have the ability to notify law enforcement, for example, the cells are or are not served in a particular place. In such a case, also need to agree on the scheme and together to arrive at a traffic police post, to make an accident under the law.
There is also the question — what to do when in an accident has seriously injured people do not use transport to take them to the hospital? Of course, the law allows for such a possibility, and the driver will not take special measures. However, it should also pre-enlist the support of witnesses. If the accident occurred in the middle of nowhere, at least take a picture of the scene on a mobile phone camera, record a video and ask the other participants to confirm accurate diagram of the accident. After that you can go to a hospital, taking all measures to maintain the life and health of the victim.
And there are legal incidents, unpleasant for drivers. For example, the accident may have minor consequences, and even stay unnoticed — this happens when the car is playing very loud music, and people sitting inside don’t notice a light kick. It would seem that nothing terrible happens — but if the culprit or the witness decides to go to the traffic police, who went to the driver may be subject to the usual punishment. Moreover, the law is on his side — in the rules it is clearly stated that they are unintentionally leaving the scene of an accident without liability in the absence of the victims. But judges are less supportive, which leads to the recognition of the driver guilty in most cases — but if it is believed that he really had disappeared with the accident that threatens in such case, you can read above.
If you want to find the culprit
There are also cases, when the culprit escaped, leaving the second party to assess its damage. In such a case you need to quickly get your bearings and try to remember the maximum information about his car: license plate, make, color, and so on. Fit even width of the wheels, which can be estimated by the tire print on the asphalt. Just try to locate witnesses, record their statements and personal information to have good arguments in court.
You should try to remember as much information as possible about the offending vehicle
If victims requiring urgent care, no, call the police, because the tracing hit-and-run accidents is their competency. To make the “European accident report” and the scheme of events in this case will not work because the second participant on the scene there. If you urgently need to go to a medical facility, take a few photos, which must be unique landmarks.
Is it fair punishment?
Of course, many drivers such strong measures for the remaining accidents seem excessive — especially if it is a minor incident that did not cause serious consequences. However, law enforcement officers and judicial officials unanimously assert that the law rightly made. This responsibility makes the driver think twice before you leave the scene of an accident, thereby causing considerable damage to the livelihoods and health of another party.