First Reaction: What to Do Immediately After Hitting a Pedestrian?

Road traffic accidents happen every day, and pedestrians are often the victims. If you are a driver who has become involved in such an accident, you need to know what to do in such a situation, because the pedestrian’s life and your legal liability may be at stake.

Legislation, specifically paragraph 2.10 of the Resolution of the Cabinet of Ministers of Ukraine dated October 10, 2001, No. 1306 “On Traffic Rules,” defines a number of obligations that a driver must fulfill after a traffic accident.

Thus, the driver is obliged to:

• immediately stop the vehicle and not leave the scene of the accident;
• turn on the hazard warning lights and set up a warning triangle;
• not move the vehicle and objects related to the accident;
• take possible measures to provide pre-medical aid to the victim and call an emergency (ambulance) medical team, and in the absence of the possibility to take the above measures, ask for help from those present and arrange for the victims to be transported to a healthcare facility;
• in case of impossibility to fulfill the previous obligation, take the victim to the nearest medical facility in their own vehicle, having previously recorded the location of traces of the accident, as well as the position of the vehicle after it stopped;
• in the medical facility, report their surname and the license plate number of the vehicle (presenting a driver’s license or other document certifying their identity, and the registration document for the vehicle) and return to the scene of the accident;
• report the traffic accident to the body or authorized unit of the National Police, record the names and addresses of eyewitnesses, and wait for the arrival of police officers;
• take all possible measures to preserve the traces of the accident, cordon them off, and organize a detour around the scene of the accident;
• until a medical examination is conducted, do not consume alcohol, drugs, or medications based on them without the prescription of a medical worker (except for those included in the officially approved composition of the first aid kit).

As can be noted, the legislator has provided a number of requirements for the driver after a traffic accident. First of all, you are obliged to help the victim as quickly as possible, and only then fulfill the other prescriptions of the document.

Can You Take the Pedestrian to the Hospital Yourself or Should You Wait for an Ambulance?

As a general rule, which we have already noted above, as provided for in sub-paragraph “g” of paragraph 2.10 of the Resolution of the Cabinet of Ministers of Ukraine dated October 10, 2001, No. 1306 “On Traffic Rules,” in case of involvement in a traffic accident, the driver is obliged to take possible measures to provide pre-medical aid to the victim and call an emergency (ambulance) medical team, and in the absence of the possibility to take the above measures, ask for help from those present and arrange for the victims to be transported to a healthcare facility.

But, as in any rule, there are always exceptions: in case of impossibility to perform the actions listed in sub-paragraph “g,” the driver is obliged to take the victim to the nearest medical facility in their own vehicle, having previously recorded the location of traces of the accident, as well as the position of the vehicle after it stopped. In the medical facility, the driver must report their surname and the license plate number of the vehicle (presenting a driver’s license or other document certifying their identity, and the registration document for the vehicle) and return to the scene of the accident.

Thus, before taking the victim to the hospital yourself, you must provide medical aid and call an ambulance. If for some reason you cannot do this, you need to ask those present for help. Only in the case when there is no one nearby, and the driver is unable to do this themselves, do they have the right to take the victim to the hospital.

What Happens If You Do Not Call the Police or Ambulance After an Accident with a Pedestrian?

Cases are not uncommon where drivers leave the scene after committing a traffic accident without providing assistance to the victim. Many do not know that criminal liability is provided for this, because as a result of the collision, without rendered assistance, the pedestrian may remain with severe consequences or die altogether.

Part 1 of Article 135 of the Criminal Code of Ukraine provides for liability for knowingly leaving a person without assistance who is in a life-threatening condition and is deprived of the opportunity to take measures for self-preservation, if the person who left them without assistance put the victim in a life-threatening condition themselves. Leaving a person in such a case after a traffic accident will also be qualified under the above article.

The commission of this crime is punishable by restriction of liberty for a term of up to 2 years or imprisonment for the same term.

In addition, if leaving a person without assistance resulted in grave consequences or the death of the victim, Part 2 of the above article stipulates that the culprit may be imprisoned for a term of 3 to 8 years. Other grave consequences include grave or medium severity bodily injuries. A causal link must be established between leaving in danger and the grave consequences or death.

This means that grave consequences or death occurred as a result of failure to provide assistance (leaving in danger). If assistance had been provided, the consequences would not have occurred. In the case where there is no such link, the person cannot bear liability under Part 2 of Art. 135 of the CCU.

Regarding calling the police, as we already wrote above, in a traffic accident with victims, notifying them is mandatory. If you do not do this, you may be held administratively liable.

In addition, by leaving the scene of a traffic accident, you can be found guilty under Article 122-4 of the CUAO for leaving by drivers of vehicles, in violation of established rules, the place of a road traffic accident to which they are involved. The penalty for this offense entails the imposition of a fine in the amount of 3,400 UAH, or deprivation of the right to drive vehicles for a term of 1 to 2 years, or administrative arrest for a term of 10 to 15 days.

Consequently, if you get into a road traffic accident involving a pedestrian, under no circumstances leave the scene of the accident, take possible measures to provide pre-medical aid, and also call the police and ambulance.

Liability for Hitting a Pedestrian: From Fine to Prison

Liability for hitting a pedestrian depends on the consequences that occurred due to the traffic accident. The penalty provides for both a fine for the committed offense and imprisonment. Below we will sort out in which case and what liability the driver will bear if they are at fault in such an accident.

Having analyzed judicial practice, hitting a pedestrian is a contact of a vehicle (or cargo transported by it) with a pedestrian, as a result of which they receive bodily injuries or die. Three types of liability are established for hitting a pedestrian: administrative, criminal, and civil.

Administrative liability is provided in the case of failure to grant preference in movement to pedestrians at unregulated pedestrian crossings. Such an offense is punishable by a fine in the amount of 340 UAH.

The driver’s liability for violation of traffic safety rules, as a result of which the pedestrian received medium severity or grave bodily injuries, is provided for by Article 286 of the Criminal Code of Ukraine.

Violation of the rules of road safety or transport operation by a person driving a vehicle, which caused:

• medium severity bodily injury — is punishable by a fine from 51,000 to 85,000 UAH, or correctional labor for a term of up to 2 years, or arrest for a term of up to 6 months, or restriction of liberty for a term of up to 3 years, with deprivation of the right to drive vehicles for a term of up to 3 years;
• death of the victim or caused grave bodily injury — are punishable by imprisonment for a term of 3 to 8 years with deprivation of the right to drive vehicles for a term of up to 3 years or without such;
• death of several persons — is punishable by imprisonment for a term of 5 to 10 years with deprivation of the right to drive vehicles for a term of up to 3 years.

Based on this, we note that hitting a pedestrian is one of the most serious criminal offenses against traffic safety and transport operation, which entails serious legal liability.

In addition, civil liability is also provided for the above-listed actions, which is additional in relation to administrative and criminal liability. Civil-legal liability arises as a consequence for caused material and moral damage.

Hitting a Pedestrian on a “Zebra”: How Does This Affect Punishment?

It often happens that a person is hit specifically on a pedestrian crossing. Most people believe that in such a case, the driver will always be at fault. Let’s figure out if this is really so.

According to the Resolution of the Cabinet of Ministers of Ukraine dated October 10, 2001, No. 1306 “On Traffic Rules,” a pedestrian has the right to priority when crossing the roadway at designated unregulated pedestrian crossings, as well as regulated crossings in the presence of an appropriate signal from a traffic controller or traffic light.

At the same time, the driver of a vehicle approaching an unregulated pedestrian crossing on which there are pedestrians must reduce speed, and if necessary stop, to give way to pedestrians for whom an obstacle or danger may be created. In addition, when passing regulated pedestrian crossings on a traffic light or traffic controller signal permitting movement to vehicles, the driver must give way to pedestrians who are finishing crossing the roadway of the corresponding direction of movement and for whom an obstacle or danger may be created.

It follows from this that legislative norms grant pedestrians priority at pedestrian crossings. In turn, a number of obligations are established for drivers, which they must adhere to.

In connection with the above, and also having analyzed judicial practice, usually when hitting a pedestrian on a “zebra crossing,” it is the driver who will be at fault, as they have more obligations than the pedestrian. Such a range of requirements for the driver is explained by the fact that they operate a source of increased danger.

But, as always, not everything is so unambiguous! It often happens that pedestrians run out or walk out onto the crossing suddenly. Such actions are categorically prohibited by sub-paragraph “b” of paragraph 4.14 of the Resolution of the Cabinet of Ministers of Ukraine dated October 10, 2001, No. 1306 “On Traffic Rules”. In the event that the pedestrian indeed walked out or ran out onto the pedestrian crossing suddenly, the driver may be acquitted.

In addition, it is worth asking, how to determine the degree of “suddenness”? For this, an automotive engineering examination is conducted, based on the results of which the mechanism and circumstances of the traffic accident are established. The examination will determine: the path of the vehicle prior to the accident, the speed of the car, the braking distance, the place of impact, the trajectory of movement, etc. It will also be established whether the driver had the opportunity to prevent the collision from the moment the pedestrian appeared or was detected.

Consequently, the guilt of the driver depends on all the circumstances of the road traffic accident, and not only on whether the pedestrian was on the zebra crossing or not.

Hitting While Intoxicated: Criminal Liability

In the event that the driver committed a collision with a pedestrian while intoxicated, the Criminal Code of Ukraine provides for an even heavier punishment for the culprit. Below we will consider what liability awaits the driver for such a violation.

Violation of the rules of road safety or transport operation by a person driving a vehicle in a state of alcohol, narcotic or other intoxication, or under the influence of medications that reduce attention and reaction speed, which caused:

• medium severity bodily injury — is punishable by imprisonment for a term of up to 3 years with deprivation of the right to drive vehicles for a term of 3 to 5 years;
• grave bodily injury — is punishable by imprisonment for a term of 3 to 8 years with deprivation of the right to drive vehicles for a term of 5 to 8 years;
• death of the victim — is punishable by imprisonment for a term of 5 to 10 years with deprivation of the right to drive vehicles for a term of 5 to 10 years;
• death of several persons — is punishable by imprisonment for a term of 7 to 12 years with deprivation of the right to drive vehicles for a term of 7 to 10 years.

As can be noticed, compared to the crime we considered in the previous section, the punishment for hitting someone while intoxicated carries an even more severe penalty. This is due to the fact that committing a crime in a state of alcohol, narcotic, or other intoxication is a more socially dangerous crime.

In Which Cases Is the Pedestrian at Fault?

As we already noted in previous sections, the driver is not always at fault when hitting a pedestrian. We cited an example of a situation where the pedestrian themselves is at fault. Let us recall, when a pedestrian suddenly walks out or runs out onto the roadway, including a pedestrian crossing, the driver cannot bear liability. Further, we will consider a few more cases where the person crossing or being on the road will be at fault.

For example, the fault for a road traffic accident may lie with the pedestrian if they were crossing the road in an unauthorized place. In accordance with the Resolution of the Cabinet of Ministers of Ukraine dated October 10, 2001, No. 1306 “On Traffic Rules,” pedestrians must cross the roadway at pedestrian crossings, including underground and overhead ones, and in their absence — at intersections along the lines of sidewalks or verges.

If there is no crossing or intersection in the visibility zone, and the road has no more than three lanes for movement for both its directions, a pedestrian may cross it at a right angle to the edge of the roadway in those places where the road is clearly visible in both directions, and only after the pedestrian ascertains the absence of danger.

In a situation where, for example, the pedestrian did not ascertain the absence of danger or crossed a road that has four or more lanes for movement, then the driver, depending on other circumstances, will not bear liability.

Also, during the dark time of day and in conditions of insufficient visibility, pedestrians moving along the roadway or verge must use reflective elements (tape, sticker, vest, etc.) or be in clothing that has reflective elements so that other road users can detect them. In case the above requirements were not met, the pedestrian will bear the fault in the accident.

In addition, pedestrians are prohibited from delaying and stopping on the roadway if this is not related to ensuring traffic safety. In case of an unreasonable stop or delay, as a result of which a collision occurred, the pedestrian may be at fault.

The examples described above are only some situations in which the pedestrian may be at fault. The determination of guilt depends on a multitude of circumstances, including the behavior of the accident participants.

Are Consequences for the Driver Mitigated If the Pedestrian Is Guilty in the Accident?

If, as a result of a violation of traffic rules, specifically the pedestrian is recognized as the culprit in the accident, then the driver is released from legal liability. In such a case, it is the pedestrian who bears the punishment.

Disobedience of pedestrians to traffic regulation signals, crossing the roadway in unidentified places or immediately in front of approaching vehicles, as well as failure to comply with other traffic rules — is punishable by a fine in the amount of 255 UAH. In case the offense was committed in a state of alcohol intoxication, the fine will be 680 UAH. In a situation where such actions led to the creation of an emergency situation, the violator is punishable by a fine in the amount of 850 UAH or community service for a term of 20 to 40 hours.

In addition, a pedestrian may also bear criminal liability for violating rules in force on transport that ensure traffic safety, if this resulted in the death of people or other grave consequences. As follows from judicial practice, the death of at least one person is sufficient to qualify actions under this crime. Other grave consequences include causing medium severity or grave bodily injuries to the victim, or large material damage.

Committing such an offense is punishable by a fine from 34,000 to 85,000 UAH, or correctional labor for a term of up to two years, or restriction of liberty for a term of up to five years, or imprisonment for a term of up to five years.

Moreover, the pedestrian, in case their guilt is proven, also bears civil liability for caused material and moral damage in accordance with Articles 1166, 1167 of the Civil Code of Ukraine.

What to Do If You Hit a Pedestrian and Left the Scene of the Accident?

In one of the previous sections, we described what happens if you leave the scene of an accident after hitting a pedestrian. Such actions are subject to qualification under Article 135 of the Criminal Code of Ukraine, the sanction of which provides for punishment up to imprisonment for several years.

What should be done in the event that you nevertheless left the scene of the accident when hitting a pedestrian?

In accordance with the Resolution of the Cabinet of Ministers of Ukraine dated October 10, 2001, No. 1306 “On Traffic Rules,” leaving the place of a road traffic accident involves actions of an accident participant aimed at concealing the fact of the accident or the circumstances of its commission, which caused the need for police officers to conduct measures to establish (search for) this participant and (or) search for the vehicle.

First of all, you must call an ambulance and the police to the scene of the accident, because the victim’s life may be in danger. In addition, as we indicated earlier, calling the relevant services is mandatory in accordance with the legislation.

Next, you are obliged to return to the scene of the accident as quickly as possible, because perhaps the victim needs pre-medical aid that you will be able to provide them. At the same time, this may save you from liability for leaving the scene of a road traffic accident and leaving a victim in danger.

In addition, after you have made the decision to return to the scene of the accident, be sure to contact a lawyer. In an accident with a pedestrian, especially if you left the scene of the road traffic accident, every detail will be important. A lawyer can arrive at the scene of the accident and help you protect your rights and interests: control the process of registering the accident, argue your position before police representatives, record evidence that may serve as a basis for further court proceedings, etc.

Once again, we want to emphasize, under no circumstances leave the scene of a road traffic accident, because the benefit you are trying to extract from this may turn into even heavier criminal liability for you.

How Can a Lawyer Help in Cases of Hitting a Person?

As we have already noted, cases related to hitting a pedestrian are legally complex. In addition, in case the driver’s guilt is proven, they will bear serious legal liability. Based on this, if you suddenly find yourself in such a situation, immediately seek professional legal assistance.

Firstly, a lawyer will ensure the protection of your rights from the very first minutes after the accident: explain the principle of proper communication with the police, control the process of registering the accident, suggest what needs to be recorded mandatorily, etc. In general, a qualified specialist will do everything so that legal assistance is provided as quickly as possible, and, most importantly, in a timely manner.

Secondly, a lawyer will prepare all procedural documents, and will also be present and accompany you during court sessions. In addition, witness testimonies will also be important in such cases. To ensure the interrogation passes without problems and their words do not harm the defendant, the lawyer will conduct proper preparation with such witnesses.

Thirdly, work with the evidentiary base will be significant. The lawyer will collect all necessary evidence that will form the basis for your innocence or correctness (depending on whether you are the injured party or not), and will also help to challenge evidence that is inadmissible.

Moreover, an automotive engineering and forensic medical examination is always conducted in such cases. The lawyer will be able to control the legality of their conduct, as well as the compliance of the conclusions with the circumstances of the case.

Thus, as can be noted, the role of a lawyer in cases of hitting a pedestrian is extremely important for both the accused and the victim. Without a qualified specialist, a multitude of risks may arise that will affect the outcome of the case.