A traffic accident can have serious consequences. This is not only material damage caused to the vehicle, but also harm to the victim’s health, which is assessed from mild to severe.
The circumstances of the accident may affect the financial situation and mental state of the victims; some lose their ability to work or become disabled.
The current legislation of the Russian Federation provides for several measures of liability for causing harm to health in an accident, and the punishment for the crime varies from administrative arrest to forced/public labor, restriction or imprisonment.
It all depends on the severity of the act committed and a number of factors taken into account by the investigative authorities and the court.
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Definition of grievous bodily harm
The degree of harm caused is determined by the results of a forensic medical examination. Grave harm involves the infliction of injuries resulting in the loss of body parts and organs of the victim.
The list of injuries that are qualified in detail is approved by Order of the Ministry of Health No. 194-. Here are the most common consequences that allow you to initiate a criminal case for causing grievous bodily harm:
- Significant penetrating wounds of the spine, abdomen, chest, skull.
- Burns of a large surface of the body.
- Fractures of the extremities that resulted in significant loss of functionality.
- Loss of body parts or internal organs (anatomical or functional).
- Other injuries associated with serious health consequences.
If, as a result of an accident, the victim receives several injuries at the same time, the degree of harm caused is assessed according to the most severe.
Moderate harm after an accident
Health harm of this degree is a short-term health disorder that does not pose a serious threat to life or an impairment of approximately a quarter of the ability to work. For example, this is a limb injury, a minor concussion. Treatment in this case lasts more than three weeks. Unfortunately, Russians, contrary to general opinion, are in no hurry to defend their own rights and demand any compensation from the culprit in principle. Even despite the fact that this is already a rather serious matter, because for some time the victim loses his ability to work, and therefore faces attendant difficulties.
In addition to compensation for moral damage, the victim of an accident has every right to demand lost earnings from the culprit.
Criteria for assessing the severity of harm caused
The most important stage in investigating the consequences of an accident is the appointment of a forensic medical examination, during which medical workers establish a cause-and-effect relationship between the accident and the injuries caused, and also assess the degree of disability of the injured person.
A medical expert is required to be part of the commission and, in addition to physical injuries, determines whether the victim has psychological trauma. The result is an estimate:
- How the injuries caused will subsequently affect the life of the injured person.
- Can health damage affect performance and to what extent?
- How long does it take for the body to fully recover?
- What is the percentage of loss of vision, hearing, and other sense organs?
- Is there loss/loss of functionality of internal organs?
Causing moral harm to a victim during an accident
Moral damage caused to health is severe mental pain and suffering that seriously affects the psychological state of the victim, and which may subsequently affect his physical condition. There is an opinion that if after the accident there are no hysterics or the victim does not create scandals, there is no need to demand compensation for damage from the culprit. This is a big misconception, if only because most drivers are more worried about their car than about their physical health. Litigation puts a lot of strain on the heart and nerves. All this can ultimately lead to various types of illnesses, therefore it is imperative to demand compensation for moral damages. Whatever the consequences, they will definitely come.
To prove in court the fact of causing moral harm, you need testimony and a medical examination. The amount of compensation will depend on the nature of the damage received and the consequences.
Article 164 of the Criminal Code of the Russian Federation and its structure
If, as a result of a traffic accident, the victim is seriously injured, a criminal case is initiated under Article 264 of the Criminal Code of the Russian Federation. The sanctions under this article are very varied: from community service to long-term imprisonment. It all depends on the part (there are 6 in total) and additional circumstances (described in two notes).
The first part lists the types of offenses without aggravating circumstances that led to the infliction of grievous bodily harm. The second part examines cases aggravated by a number of circumstances. Parts 3-5 relate to road accidents that led to the death of one person or more people.
Note 1 concerns situations where liability under Article 264 of the Criminal Code of the Russian Federation arises not only for the driver driving the vehicle involved in an accident, but also for other road users.
Note 2 considers cases where mandatory medical examination of participants in an accident revealed an excess of the permissible alcohol concentration.
This is a serious aggravating factor, as is driving under the influence of drugs or refusing a mandatory examination after an accident. Refusal is equivalent to a positive outcome of the examination; this must be remembered not only by the culprit, but also by all participants in the accident.
Treatment of concussion
During treatment you need to rest. The victim needs to lie down and avoid any mental or physical stress that could adversely affect brain function. If a person follows all the necessary recommendations on time, then the treatment ends with recovery.
Some people may have residual effects from the injury. These are decreased attention, fatigue, forgetfulness, depression, migraines.
Patients are prescribed medications to relieve unpleasant symptoms: headache, syncope, nausea. At the same time, medications are used, the action of which is aimed at improving physiological processes in the brain. The use of sleeping pills and sedatives is indicated: they help compensate for brain function.
It is prohibited to do any physical work for 30 days after the incident. Mental work and watching videos should be limited. There is no need to use headphones when listening to music.
A severe brain injury is an indication for a deferment from the army.
The corpus delicti under Article 264 of the Criminal Code of the Russian Federation
In addition to the measures of responsibility for the crime committed, Article 264 clearly defines the composition, object and subject of the crime. Thus, the object of the crime when committing an accident is a violation of the current traffic rules, resulting in serious harm to health. An additional object is a threat to human safety, health and life.
The subject of the crime is a car or other vehicle. It is important to note that self-propelled mopeds, scooters and other vehicles fall under the jurisdiction of Article 268 of the Criminal Code of the Russian Federation. In addition, the subject of the crime cannot be a vehicle that does not have an engine (for example, a bicycle). If the investigation reveals that the perpetrator of the accident had malicious intent, then this is a crime against the person, which is an additional aggravating factor.
The subject of the crime is a legally competent citizen over 16 years of age (liability under Article 264 begins at this age) who was driving a vehicle. The presence or absence of a driver's license does not matter: it may be absent or it may be confiscated for previous offenses.
Liability measures for causing grievous bodily harm in an accident
The punishment for serious bodily injury as a result of an accident depends on the part of the article under which the crime is classified.
- For part 1 - administrative arrest for 6 months, forced labor for a period of 2 years, community service for a period of 3 years, restriction of freedom for up to 3 years or imprisonment for a term of up to 2 years.
- Under Part 2 - community service for up to 3 years, deprivation of the right to hold a certain position for up to 3 years, or imprisonment for up to 4 years.
- For Part 3, the penalty is similar to Part 2; at the discretion of the court, the punishment may be increased by 1 year.
- For Part 4 – imprisonment for a term of 2 to 7 years.
- Under Part 5 – forced labor for up to 5 years or imprisonment for up to 7 years.
- For Part 6 – imprisonment for up to 9 years.
Complications of severe head injury
Severe brain contusion can cause encephalopathy. The motor skills of the legs are impaired, manifested in some dissociation of coordinated movements. If the disease is not treated, patients experience such phenomena.
- Confusion and retardation, poor speech, changes in behavior.
- There are episodes of mental imbalance and aggressive behavior (patients later regret them).
- Increased sensitivity to alcohol and infectious pathologies. Moreover, as a result of drinking alcohol, patients develop delirium.
- Convulsive attacks.
- Sharp headache.
- Psychoses and hallucinations rarely occur.
- In rare cases, patients develop dementia, lack of orientation and impaired judgment.
In 1 case out of 10, a serious brain contusion contributes to post-concussion syndrome. It manifests itself in severe pain, insomnia, and attention disorders. This syndrome is difficult to treat.
A concussion is a serious injury that causes temporary disruption of brain function. If you do not adhere to bed rest, the patient may develop impairments in the ability to remember and maintain attention. A decrease in intelligence is also possible. Early diagnosis and early therapy helps to get rid of the dangerous consequences of the disease.
Is it possible to avoid punishment for harm caused to health?
As you can see, the penalties under Article 264 are quite severe. The legislation provides for such a mechanism for avoiding liability as reconciliation of the parties. It is often used if there is a family relationship between the culprit of the accident and the victim. For example, the culprit is the husband, the victim is the wife.
A mandatory condition for concluding a settlement agreement and closing a criminal case is compensation for damage to health determined by the victim. If the amount seems unaffordable to the culprit or does not correspond to the damage, you don’t have to sign the settlement agreement and wait for the court’s decision.
At the time of payment of the compensation amount, the parties sign a special document, which indicates the desire for reconciliation and the absence of mutual claims between the parties. An important aspect: reconciliation of the parties is possible only if the culprit has not previously been prosecuted for committing an accident.
Causing moderate harm to health through negligence
Previously, liability for this act was provided for in Part 3 and Part 4 of Article 118 of the Criminal Code of the Russian Federation. With the adoption of Federal Law No. 162-FZ of December 8, 2003, these parts became invalid. Thus, at present, causing moderate harm to health is not criminally punishable. Depending on the circumstances, the guilty person is subject to civil liability. In any case, the injured person has the right to go to court through civil proceedings and ask for compensation for harm from the actions of the guilty person.
Why should you seek legal help?
Sign up for a consultation with the lawyers of our company, and we will help you achieve an objective consideration of the case, mitigate the punishment or completely avoid it through reconciliation of the parties.
An experienced lawyer will prepare petitions for the appointment of additional examinations, collect evidence and documents for the court, and take up the protection of rights during interrogations and other investigative activities.
It is possible that grievous bodily harm was caused due to negligence due to a faulty vehicle, which allows one to count on a more lenient court sentence.
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Causing minor physical harm as a result of an accident
Minor harm to physical health is a short-term disorder of general condition and temporary loss of ability to work. Basically, in this case, the treatment period lasts no longer than three weeks, and it can be either inpatient or outpatient. Minor damage to health is observed in all victims of a transport accident without exception. Basically it is fear, shock, stress. Such harm does not require compensation because it cannot be considered a serious case. In most cases, the victim does not even really understand that he has received damage, so his thoughts are not at all about compensation. In this case, the person responsible for the accident does not yet need protection in criminal court.
But, if the victim nevertheless needs to compensate for the damage received in the accident, he must first provide the appropriate medical certificates that will confirm the disease.
