Sitting behind the wheel, each driver is responsible for their lives and the lives of passengers and pedestrians. And each of them should know what to do and what to do categorically impossible in a road accident, as usually under such circumstances, people tend to make rash decisions. In this article, you will learn the step-by-step actions and basic rules of behavior in a road accident.
Road accident - an event that arose during the movement on the road of a vehicle and with its participation, which caused damage to health, death of a person, damage to vehicles, structures, cargo or other material damage.
Types of accidents:
• Collision
• Tilting
• Head-on crash
• Hitting a pedestrian
• Hitting a bicyclist
• Hitting a standing vehicle
• Collision with horse-drawn vehicles
• Hitting the animals
• The fall of passengers
• Other accidents
According to the Rules of the Road , approved by the Government Decree of November 13, 2014 No. 1196 (hereinafter - the SDA) , in case of a road accident, the driver involved in it is obliged:
- immediately stop (do not touch the vehicle), turn on the emergency warning light and set the emergency stop sign (flashing red light) in accordance with the requirements of section 7, paragraph 2 of the SDA, do not move objects related to the accident;
- take possible measures to provide pre-medical medical assistance to the victims, to call for emergency medical care, and in case of emergency, to send the victims to the passing, and if this is not possible, to deliver on their vehicle to the nearest medical institution, to provide your name, state registration number plate of the vehicle (with the presentation of an identity document or driver's license and registration document for the vehicle) and return to the scene;
- immediately inform about the accident to the nearest body of internal affairs, write down the names and addresses of eyewitnesses and expect the arrival of employees of the internal affairs bodies, except for the cases provided for by paragraph 8 of section 1 of the traffic rules;
- release the roadway if the traffic of other vehicles is not possible;
- if it is necessary to release the carriageway, in advance of the witnesses, fix the position of the vehicle, tracks and items pertaining to the accident, take all possible measures for their preservation and ensure the detour of the scene.
In the case of a road accident, if there are no victims, with the mutual consent of the drivers in assessing the circumstances of the accident, having previously drawn up the scheme of the accident and signing it, they arrive in the nearest subdivision of the internal affairs bodies for the registration of the accident.
In other words, in the case of a road accident you need:
- make sure that there are no victims, if there is, then call an ambulance;
- Turn on the "alarm" and set the emergency stop sign;
- if there were witnesses to the accident, their contact details should be recorded. This can be useful in special cases;
- call the administrative police ( 102 if there are no casualties / 112 if there are (calls free)) and insurance agents (tel: see insurance ).
Upon arrival, employees of the road police patrol must file all the case materials:
- draw up a road accident scheme,
- a road accident site inspection report,
- administrative protocol,
- select explanations,
- send drivers for medical examination.
The road police officers also check all your documents, draw a diagram and ask to tow vehicles in some cases, when on the road accident site a vehicle makes traffic of other cars difficult.
Further, the employee of the road police patrol, gives you an explanatory form addressed to the head of the local police service.
You fill in the form, it is necessary to specify the approximate time of the accident, the intersection of streets (opposite), state. car number, direction of traffic and a detailed description of the accident, also the OPAG policy number.
Drawing up schemes, protocols regarding road accidents
In order to identify the traces of an administrative offense, other material objects, as well as circumstances that are important for drawing up a protocol on an administrative offense, an authorized official has the right, within the scope of his powers, to inspect the terrain, objects, documents, living persons.
Further, an officer of the road police patrol in the scheme necessarily introduces a description of external damage to cars. Make sure that all damage has been taken into account. After you send for examination for examination.
These documents are filled directly by road police officers who arrived at the scene of the road accident. Before signing the documents, you will carefully become acquainted with them, and defend your legal rights.
Parking fine
The vehicle can be delivered to the parking lot by road police officers in the event that there are injured persons and / or drivers during the road accident, while other violations such as driving under the influence of intoxication, lack of necessary documents are committed. In other cases, road police officers are not allowed to park cars on a parking lot.
Medical Examination
According to point 2 of the Rules of the Direction for examination for a state of intoxication, examination for a state of intoxication and registration of its results (hereinafter referred to as the Rules) approved by the Decree of the Government of the Republic of Kazakhstan of June 4, 2003 No. 528, the inspection for intoxicated drivers is carried out as a measure of production the case of an administrative offense by authorized officials, when the state of intoxication is the composition of the offense.
In accordance with paragraph 3 of the Rules, the drivers can be examined for intoxication by the employees of the internal affairs bodies, directly at the site of the administrative offense, using special devices and means establishing the presence of intoxication.
It is recommended to pass the survey voluntarily and immediately.
Failure to comply with the lawful requirement of an employee of the internal affairs bodies (police) to undergo an examination in accordance with the established procedure for alcohol, narcotic and / or toxicomaniac intoxication, in accordance with Part 4 of Article 613 of the Code of Administrative Offenses provides for administrative punishment in the form of deprivation of the right to manage transport funds for a period of three years.
Filling out an explanatory
An employee of the road police, who has arrived directly to the scene of a road accident, issues an explanatory form. This document directly affects the decision of the court, so it must be completed carefully.
The explanatory must include the time and place of the accident (intersection, opposite, etc.), the direction of the vehicle (South-North-West-East), and a detailed description of the accident. In addition, the application specifies information about the OPAG (insurance pole), the name of the insurance company and the number of the OPAG, and your contact information, respectively. Also, in case the participant of a road accident does not refuse to undergo a medical examination, he must write that the medical examination will be carried out voluntarily, immediately after the road police officers have completed the fact of a road accident.
After the examination, it is recommended to go to the scene of the accident and decide the transportation of the vehicle. If the car does not have any significant damage and it is safe to operate, then you have the right to drive your car to the appropriate parking or parking area without involving a tow truck or any other towing vehicle.
Technical expertise (evaluation)
Autoexpertise is an assessment of the damage that is spent in order to recover material assets to their owner.
To receive insurance compensation after a road accident, the victim applies to the insurance company. There is already a question about how to assess damage. Usually, the insurer conducts an evaluation by itself, by the staff experts or by an attracted expert.
In the event that the insurance company significantly understates the amount of insurance compensation and the amount of payment for insurance is not enough, the victim can undergo an independent examination in order to calculate the real damage and receive the due insurance compensation. An independent examination will help you get the difference between the paid amount and the real cost of the repair.
There are a number of tips that will help every car owner avoid the problems associated with passing autoexpert research and obtaining material damage.
To begin with, if there was a road accident, in no case can not leave the scene of the accident, but should wait for the road police officers. Further, it is necessary to compile together with the road police officers a certificate of the accident, where it is recommended to specify all the small details. After drawing up the document, you should notify your insurance agency about the accident, or write a statement that you yourself will choose the organization that will conduct the autoexpertiza.
If there was a road accident, and the person responsible for the accident is uninsured, the autoexamination is carried out on the spot, after the road police patrol arrives at the scene of the accident.
If you are the culprit of the accident, the problems can bypass you if you are insured by OSAGO. Insurers themselves will conduct an autoexpert.
If, however, you did not manage to find a mutual solution to the situation, then the funds will be repaid through a court proceeding. The court does not always look at the auto-examination already done and prefers to do a counterexample. This is done to protect both sides from unauthorized actions.
Specialized regional and / or equivalent administrative court
The protocol on an administrative offense is drawn up immediately after the discovery of the fact of committing an administrative offense.
In the event that an expert examination is required, a study by a specialist, a protocol on an administrative offense shall be drawn up within two days of the receipt of the expert opinion and / or expert opinion.
The protocol on an administrative offense within three days from the moment of drawing up is sent for consideration to the court authorized to consider a case about an administrative offense.
Cases of administrative violations are considered within fifteen days from the date of receipt by the court, competent to hear the case. Regarding the date, time and place of the hearing, you will be informed in due course.
When you appear in court you need to have the following documents with you:
if you are a victim - an identity card and a medical examination to establish the fact of using a psychoactive substance and a state of intoxication.
if you are the culprit - an identity card, a temporary driving license and also a conclusion.
Administrative liability for a road accident
Violation of traffic rules by drivers of vehicles that caused damage to vehicles, cargo, roads, road and other structures or other property that caused material damage entails a fine of 20 MCI or forfeiture of the driving license for up to six months.
The same action that entailed causing the injured lungs harm to health entails a fine of 40 MCI or forfeiture of the driving license for a period of up to nine months.
If the above actions were committed by a person who does not have or is deprived of the right to drive a vehicle, a fine of 60 MCI is liable.
Abandonment of a place of a traffic accident by a driver is violation of traffic rules, which entails a fine of 50 MCI or driving licence suspension for a period of one year.
If the above actions were committed by a person who does not have or is deprived of the right to drive a vehicle, a fine of 100 MCI or an administrative arrest for thirty days is punishable.
Note. The person who left the place of the road accident in connection with the provision of medical assistance to the victim shall be released from liability in accordance with Article 611 of the Code of Administrative Offenses.
Criminal liability for a road accident
According to Article 345 of the Criminal Code of the Republic of Kazakhstan, the violation of the rules of road traffic and the operation of vehicles by persons driving vehicles are liable:
1. Violation by a person driving a car, trolleybus, tram or other mechanical vehicle, traffic rules or the operation of vehicles, causing by negligence the infliction of moderate damage to human health, is punishable by a fine of up to three hundred monthly calculation indicators or by correctional labor in the same amount, or by enlisting in public works for up to two hundred and forty hours, or by arrest for up to seventy-five days, with deprivation of the right to hold certain positions or engage in certain activities for up to two years.
2. The same act, which caused by negligence the infliction of grave harm to human health, is punishable by a fine of up to two thousand monthly calculation indices, or corrective labor in the same amount, or by restraint of liberty for up to two years, or by imprisonment for the same period, with deprivation of the right to hold certain positions or engage in certain activities for up to three years.
3. The conduct provided for in part one of this article, which entailed the death of a person through negligence, is punishable by imprisonment for up to five years, with the deprivation of the right to hold certain positions or engage in certain activities for up to five years. The act envisaged by the second paragraph, which caused the death of two or more persons by negligence, is punishable by imprisonment for a term of five to ten years, with deprivation of the right to hold certain positions or engage in certain activities for up to seven years.