Severe damage to health in case of an accident: court, article of the Criminal Code of the Russian Federation, compensation

Negligent attitude of the driver to the rules of traffic on the road can result in very sad consequences for him and for other participants in the accident. As a rule, in such situations, innocent people suffer, who receive various injuries, after which they are permanently disabled. At the same time, the most that the victims can count on is monetary compensation for lost health, which will never be the same again.

Policy violation

Failure to comply with the rules of traffic on the car on the road can end for the driver is quite deplorable. First of all, he can get a term for an accident in which people are injured or injured, which leads to the onset of such unpleasant consequences as the presence of a criminal record. In addition, if a person is seriously injured in an accident, then, respectively, the latter has the right to demand payment from the perpetrator for physical and moral suffering caused to him. The amount of this amount will depend on the court decision.

Therefore, people who sit behind the wheel of the car should be extremely careful on the roads, because a completely random attack on a pedestrian can lead to irreversible consequences.

Article

The Criminal Code penalizes a road accident in which people are seriously injured. Article 264 discloses the sanction for serious harm to health in case of an accident in the first and second parts. In the first case, the crime is committed by negligence in a completely sober state, and in the second - in alcohol intoxication, which must be fixed by a specialist in a medical institution.

Sanction

Punishment on the first part of this article of the Criminal Code can be in the form of:

• Restrictions on liberty up to 3 years;
• Isolation from society to two years;
• Arrest up to six months;
• Forced labor up to two years.

In addition, there is also a secondary punishment in the form of deprivation of a driving license, the maximum period of which can be three years.

The second part of Article 264 of the Code is provided for persons who have transgressed the law in their own negligence and in a state of intoxication. Here the main punishment can be appointed in the form:

• Forced labor up to 3 years;
• Isolation from society for up to 4 years.

Additional will be the deprivation of the right to drive up to three years.

In addition, a person who has suffered serious health damage during an accident must be compensated by the culprit of the accident, the amount of which is established only on the basis of a court decision, although the victim himself can file his claim against the respondent in the criminal process.

Definition of harm

As a rule, only the doctor can diagnose and help the victim in the road accident, therefore only the specialist can reveal the extent of the harm caused in this case, but only after the necessary studies. In this situation, a forensic medical examination should be carried out, which will show the degree of harm caused to the human body.

Presenting a danger to life, accompanied by the loss of any body or its basic functions, with persistent loss of efficiency - this is a serious harm to health, the criteria for determining during an accident are the following:

• Presence of a life threatening state of the human body: fractures of the skull, spine, neck, thoracic and lower back, ruptures of various internal organs;
• Damage to health caused by a disorder of vital functions that can not be compensated by the body on their own, which leads to a fatal outcome: coma, shock, large blood loss, acute heart failure.

If, after carrying out the examination, the forensic physician determines that the harm received by the injured in the accident is grave, then the perpetrator will be prosecuted under the law. A person who has been severely harmed in the course of an accident can file a claim for compensation in moral and moral suffering.

Submission of a claim

Every accident in which people were killed or received various injuries is characterized by the fact that, regardless of whether the driver's fault is proven in this or not, he, as the person who controlled the source that poses the greatest danger to others, is obliged to compensate the victim for moral damage. In case of an accident, a serious injury to health is determined by a number of signs, in the presence of which a criminal investigation must be initiated. In his framework, the victim will be able to file a claim to recover money from the defendant to compensate him for moral and moral suffering. In addition, the statute of limitations does not apply to these claims, so the injured person will be able to bring them to the culprit of the accident at any convenient time and even in a few years if this issue is not resolved in the court session, which, as a rule, does not occur in practice.

The civil legislation of the Russian Federation fixes all cases of compensation to another person of the moral harm caused to him by the source that has the greatest danger. This is a car, as well as any other vehicle.

Reduction of the amount of payments

In the event that it will be proved that the accident occurred not through the fault of the driver, then, respectively, and the amount of compensation for the harm caused should be reduced. Nevertheless, in order to prove his innocence, a citizen should very well argue all that has happened, and it is best to ask for help from an interpretative lawyer who works with cases on an accident.

Causing harm to the life and health of another person is always regarded by the court in the light of all the circumstances of the incident, but nevertheless the amount of the claim is always assigned an inflated, innocent driver can pay this debt even before the end of life and not pay. That's why you need to take this case very seriously and think through the entire defense strategy.

Reconciliation with the victim

In the event that a person has cleared his guilt before the injured party and reimbursed her all the harm that was caused, the criminal case on an accident with grave consequences may be terminated in accordance with Article 25. Investigation on this grounds ends only in the situation when both parties wish This.

Sometimes the culprit does not go to reconciliation with the victim in order to defend his case in court, but instead of justification he receives a conviction and a term with payment of compensation for causing serious injury to health in an accident. That is why a person who has committed a road accident, where people were injured and injured, should try diligently to prove his innocence at the investigation and in the court, if this is indeed so.

If an accident occurred due to the driver's fault and all the evidence indicates this, it is better to immediately negotiate with the other party and try to find a compromise at the initial stage of the investigation in order to avoid a criminal record and all the consequences associated with it.

Correctional Facility

After a perfect accident, where a person was seriously harmed by health, the Criminal Code of the Russian Federation in the event of an accident with such consequences determines the punishment for the guilty person in the form of isolation from society for a certain period, with deprivation of the rights to drive. In this case, the court can appoint for a given act and a suspended sentence, but more often than not, he comes to the choice of a real punishment with the transfer of the convict to a colony-settlement, where the latter must get independently.

In such places, as a rule, serving the punishment of unsuccessful drivers and persons who committed premeditated atrocities of small and medium gravity. If the citizen has excellent behavior, without violations of the regime and increased efficiency, then there is always a chance to be released ahead of schedule, without waiting for the end of the term of imprisonment.

At the settlement, the regime is milder, but in case of receiving comments the convicted person may be transferred to the general regime of serving the sentence by a court decision.

UDO

Convicted for causing damage to health in an accident with serious consequences can always try to get out early, if it has positive characteristics from the leadership of the colony and work well, but there are also its own obstacles.

At present, the early release of prisoners under Article 264 was complicated by the fact that the courts began to take into account the opinion of the injured party, who does not always want the offender to leave prison without serving a full sentence, even if he paid all the compensation. There are also cases when the employees of the correctional system do not want to release a person who takes good care of labor and raises production indicators ahead of time. That is why the convict needs to turn to a good lawyer who would help him to get home early.

Compulsory payment

For causing serious harm to health during an accident, the driver has to answer according to the law and pay the injured party money to compensate for the suffering caused. Only not always all the criminals of accidents do this without the intervention of bailiffs. That is why the latter have to arrest the accounts and property of debtors, if, of course, they are available. In the event that a person is serving a sentence in isolation from the community, the enforcement lists come to the colony and, accordingly, the money for the settlement of the claim is withheld from the payer's wages. If the convict is at large and does not have work and other property, then there will be no payments until he finds a source of income. The statute of limitations is not taken into account here.

Arbitrage practice

In practice, there are quite a lot of examples of road accidents that are committed by drunken drivers, and all of them end badly enough for other participants. Here is one of the cases.

The citizen, who drank a small amount of alcohol, sat behind the wheel of his car and drove his friend home. On the way, the drunk driver failed to control the vehicle and crashed into the post, causing the passenger to seriously injure the head and legs and was permanently disabled and moved around in the chair. The driver received a slight bruise of his hand and got off with a slight fright. His friend was much less fortunate, the doctors did not give any predictions as to whether he would be able to walk. An investigation into part 2 of Article 264 of the Criminal Code was initiated. To agree with the former friend the culprit of the accident was not possible, because he refused to communicate with him, having considered that a drunk driver at the wheel is already a criminal who deliberately commits an offense and must answer for it by law.

On the verdict of the court, the citizen was found guilty of an accident with grave consequences and was sentenced to 3 years in isolation from society, and was also stripped of his rights for the same period. The amount of compensation in this case was 500 thousand rubles. The claim was paid immediately. He refused to appeal the driver, because he understood that he was guilty before his comrade, who became disabled due to his imprudence.