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How to survive a pedestrian in an accident

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There are the following types of damage that can be caused to a pedestrian in an accident:

- property (the total value of things that were damaged as a result of an accident, including torn clothes, a crashed laptop, which was in the bag, other items, etc.),

- harm to life (when a pedestrian died),

- moral harm (recognized not only as a deep emotional shock, but also the fact of causing physical harm to health).

The total amount of compensation consists of material damage, moral harm and moral suffering, the degree of which the victim determines himself. The amount of compensation must be approved by the court, so do not intentionally overestimate this figure. Reasonable compensation is more likely to be approved by a judge.

When determining the total amount, you need to specify the maximum value for all expenses. The court, in turn, will decide for itself which of the listed items to satisfy and which to leave without satisfaction.

The culprit of the accident may offer to resolve the issue of compensation for harm in a peaceful way in exchange for a statement by the victim about the lack of claims against him. If the victim accepts such an offer, then he has the right to appoint the amount on his own.

Part 1 Surviving an Accident

  1. to a pedestrian to survive in an accident 1 Strive to protect your head. Although bone fractures and bleeding can be very serious, head injuries are considered life-threatening. Timely actions taken to prevent serious head injuries will help you save your life.
    • Immediately cover your head with your hands so that your forehead is closed between your elbows and your palms cover the back of your head.
    • Try to group your body so that the main blow does not fall in the head area. Also, try to avoid getting your head under the wheels of the car.
  2. Survive a pedestrian in an accident 2 Try to get the main blow to the windshield of the car. All new cars (since 1970) use a safe windshield that, when damaged, does not shatter into fragments. In this regard, it can act as a “pillow”, absorbing the energy of the impact on itself, while it is broken, and you are left without serious damage.
    • While hitting the glass, try to curl up in a ball, holding your head between your elbows.
  3. to the pedestrian to survive in an accident 3 Try to get on the hood in a collision. Despite the fact that somersault through the car can be very dangerous and cause many injuries, it is still better than if the car drives you.
    • When bumping into a car, jump a little.
    • If the car moves at low speed, you can try to fall on the hood and, flying over the roof, find yourself on the trunk. This is the best scenario you can expect. However, you must understand that in the case of large cars (minivan, SUV), counting on such a result is much more difficult.

Part 2 Avoiding Accidents

To reduce the likelihood of getting into an accident, follow these recommendations.

  1. Survive pedestrians in traffic accidents 1 Use walking paths to get around. Sidewalks and pedestrian crossings are designed for the safe movement of pedestrians on the street, so use them for your movement.
    • If you cannot use the sidewalk (for example, if it is absent or repair work is being carried out on it), always move along the edge of the roadway towards a moving vehicle. That is, if you see that cars are parked on the right side of the road, you need to go on the opposite (left) side.
  2. to the pedestrian to survive in an accident 2 Watch out for traffic. When crossing the street, even at the green light of a traffic light, first look left and then right.
    • Always be on the alert, as even if you move according to all the rules of the road, this does not completely exclude the risk of getting under the car. Falling asleep or drivers with disabilities may not notice you on the sidewalk or when switching to a traffic light that allows you to. Pay attention to suspiciously moving vehicles and, if detected, leave the roadway immediately.
    • Be carefull. Your eyes and attention should constantly monitor your surroundings. If you are crossing a busy road, to ensure your safety, you should turn your attention to the road and put off your phone conversation or listening to music.
  3. to the pedestrian to survive in an accident 3 Make yourself visible to drivers. Make sure that motorists can see you on the road in advance to avoid the possibility of an accident. Here is a list of instructions that you can follow:
    • Wear bright clothes. If you move around in the evening, wear clothing with reflective stripes (if they are not available, you can place them yourself on a backpack) or carry a flashlight with you.
    • Avoid your presence in the so-called "blind" zone. If you do not see a reflection of the driver’s face in his side or rear view mirror, you are in the “blind” zone. Be careful, as the driver may not even know that you are somewhere nearby.
    • Make eye-to-eye contact with the driver. If you are going to cross the road in front of a car that has stopped or is stopping, make eye-to-eye contact with the driver. This will mean that each of you saw each other.
  4. to the pedestrian to survive in road accident 4 Do not cross the road if you have doubts. If you have a suspicion that the driver did not notice you or you do not have time to complete the passage of the carriageway on time, wait. The movement of cars is carried out cyclically, so it is better to wait a minute or two. After spending a couple of minutes waiting, you caution yourself against a potentially risky transition.
    • Come up with an alternative route. If you are afraid to cross the road in one place, go through a couple of houses and cross the street along another crossing. Better to spend a little more time than to endanger yourself.

Pedestrian Procedure

Pedestrians should decide on further actions after the accident, based on the circumstances of the incident. If the driver turned out to be a decent person and provides assistance to the victim, then it is necessary to act in accordance with the situation. It happens that little harm is caused to health and is expressed in a bruise or bruise, then it is possible to solve the problem without causing DPS. When the health damage is caused to a large extent, then you will need to call and wait for the traffic police and an ambulance. On arrival, staff will inspect the scene of the accident and assess the severity of the damage.

In a situation when the accident occurs outside the pedestrian crossing, the driver has the opportunity to prove the fact that the pedestrian is guilty of what happened. Then you can demand compensation from him for the damage caused to the car and bring the culprit to justice. The evidence base can be built on the testimony of witnesses, recordings from the DVR, surveillance cameras. An accident can occur while a person is moving along a pedestrian crossing. It happens that the driver is hiding from the scene of an accident, in which case the pedestrian will need:

  1. Remember the make of the car or state number.
  2. Call the traffic police and ambulance. In a situation where pedestrian injuries are minor, it is best to wait for the police and report the details of the accident.
  3. Record eyewitness accounts of what happened. This will be required in order to be able to confirm the version of the pedestrian in court.
  4. Write a request to bring the perpetrator to justice.
  5. Check your health with medical research.

If the driver has insurance, the damage caused is reimbursed at the expense of OSAGO. If the amount paid is not enough - you must contact the driver with requirements for reimbursement of the missing part. The appeal may be voluntary or through a court. The victim has the opportunity to demand reimbursement from the driver for the monetary expenses incurred by him for treatment, recovery, disability, and missed work. Compensation is also subject to moral damage caused to the victim. To do this, you must appeal to the judicial authorities. The case is examined in civil proceedings. All the requirements put forward must be confirmed with the help of documentation, what are hospital certificates, receipts for the purchase of medicines, etc. The amount of non-pecuniary damage is established by the victims, however, the court in the proceedings is guided by the rules of reasonableness.

If a person has been harmed as a result of an accident, which belongs to the category of serious ones, as a result of which he became disabled or for a long period of time lost the opportunity to carry out labor activity - the perpetrator is held liable in accordance with the sanctions of article 264 of the Criminal Code of the Russian Federation. Punishment is provided in the form of imprisonment for two years and imprisonment for three years. When the damage to health is of minor severity or is regarded as moderate and is not associated with a risk to life - the perpetrator is liable within the limits specified in administrative legislation.

What to do to the driver?

In the event of an accident involving a pedestrian, the driver needs to perform the actions prescribed in the law. Initially, the car enthusiast should drown the car and not move it from its place, set the warning triangle. The pedestrian must be protected from other cars in order to protect him from causing more serious damage. If necessary, pedestrian is provided with medical assistance. If an emergency occurs, then you need to deliver the victim to the hospital in your car or take the help of people passing by. It should be borne in mind that if you move a person, then more serious injuries can be caused to him.

Prior to the arrival of the traffic police, you need to record the situation of the incident on a photo and video recording. If the accident occurred outside the pedestrian crossing - the absence of appropriate road signs should be clearly visible in the photo. If there are eyewitnesses, it is necessary to save their data in order to be able to use their testimony in court. After the arrival of the police, you need to take part in the preparation of documents regarding the accident. Initially, the circumstances of the incident are verbally stated, if there is confirmation of the driver’s words in the form of a video recording, testimony, you need to inform the inspector. When compiling an accident chart by an employee, it is required to monitor the correctness of the measurements.

Since the end of 2017, the traffic police have not issued certificates of accidents. Instead, they must provide a copy of the protocol drawn up at the scene of the accident to an insurance company or other institution (such as a court).

If a pedestrian is injured, then the issue of initiating a criminal or administrative case is decided, depending on the severity of the damage and an investigation is being conducted. In relation to the driver, a mandatory examination is carried out for intoxication. It is impossible to refuse this procedure, otherwise the motorist is fined and he is deprived of his rights.

Further, traffic police officers set a time for the appearance of the accident participants in the department to testify. In this case, before giving evidence, you need to consult a specialist. The explanation details the circumstances of the accident, details of eyewitnesses and other evidence that the driver possesses are indicated. In the absence of a pedestrian crossing at the collision site, this circumstance must be reflected in the documents (protocol, inspection report of the scene).

If necessary, you can submit a request to call witnesses for questioning. The motorist has the opportunity to use the help of a lawyer throughout the consideration of the case. The decision to initiate a criminal or administrative case is connected with the results of the examination of the severity of the damage caused to the pedestrian. If the driver is not guilty, a decision is made to refuse to initiate proceedings.

Conclusion

In the event of an accident involving a pedestrian, the algorithm of actions may vary depending on the severity of the accident. If the car driver is not injured, he must act according to the standard scheme - stop the car, call the rescue service, make sure that everything is good with the injured or provide first aid. Questions about damages and the application of liability measures will be considered on the basis of case materials collected by the traffic police, the perpetrator and the victim.

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