Every day in Russia, dozens of fatal accidents occur or without it. And in each case, the driver may be punished or be released from it. It all depends on the circumstances that developed at that moment in time.
In the event of an accident in Russia, the road patrol service is not always ready to arrive on time, so it is important to keep everything the way it happened during the accident.
This circumstance can greatly affect the fate of the driver, since it is possible that everything turned out in such a way when he is by no means to blame. The mitigating circumstances of an accident will be fully taken into account only after various studies
During incident proceedings, numerous factors of the incident should be considered, including those that the driver could not influence.
It can be assumed that the measure of responsibility for a simple clash and reckless killing is different.
A responsibility
At administrative violation as a rule, a fine or disqualification follows. In the event that the owners of the cars themselves were not injured, an independent examination of the accident is required to provide documents to the insurance company to pay damages.
Criminal liability sets in for the driver in case there are injured.
Inspection of the scene
First of all, the scene of the accident is examined, witnesses are interviewed, if any, and various measures are taken to establish the main circumstances of the accident.
The inspection protocol records all the necessary data on the location of the vehicle to the cover, to another vehicle (if a collision of vehicles occurred), as well as in relation to the victim, if the accident is fatal.
In order to clarify the fault of the owner of the car, it is necessary to conduct a competent examination, which can answer many questions related to a traffic accident.
Such a diagnosis is called a "study of the circumstances of an accident". And this is simply necessary if there are at least slight doubts about the guilt of persons.
For diagnosis, the specialist will need all the information that was collected at the scene.
There are several subspecies of the study that ultimately lead to an objective conclusion.
Accident circumstances
Examination of the circumstances of the incident includes calculating the parameters of the movement and the technical condition of the vehicle, the location of the participants in the accident, as well as the actions of the driver immediately before the incident, during and after it.
There are prerequisites to believe that the driver could prevent a collision or collision, this fact is indicated in the expert opinion.
Technical analysis
Analysis of the technical parameters of the car is also a study of the circumstances of an accident, but only with respect to the vehicle.
An expert (who has the necessary knowledge and qualifications) must check all the indicators of the car before the accident and after.
In this case, the specialist must not only identify the characteristic damage to the body, but also to find out the condition of the car before the accident. Using special tools and meters, the expert identifies malfunctions that prevented the driver from responding to the obstacle in time.
Trasology
The description of the circumstances of the accident also includes a traological study.Thus, the expert manages to find out not only the speed of the car along the characteristic traces of the tires on the road surface or soil, but also the trajectory of the car, as well as its location at the time of danger in relation to other objects. This type of research is carried out in an expert bureau on photographs taken at the scene.
Psychological research
Engineering-psychological examination - a study that analyzes the circumstances of an accident. An example of such a diagnosis is to identify the driver’s behavioral reactions in order to find out if he could have prevented the accident or not.
At Fatal accident or inflicting grievous bodily harm on such a conclusion may give rise to criminal penalties for the offense committed by the driver.
Extenuating circumstances
Under the criminal code, mitigating circumstances in road accidents do not apply and there are no, since killing by negligence (Article 109 Criminal Code of the Russian Federation) does not apply to acts that are not crimes by virtue of insignificance. It is also impossible to make amends for the damage caused or prevent negative consequences.
Such circumstances exist only in the administrative code when the car is damaged, but people were not injured.
The code contains article 4.2, which states that the mitigating circumstances of an accident in particular and for any administrative offense may be as follows:
- If the person who committed the offense repented, made amends for the damage caused or eliminated the harmful consequences of the violation.
- If the act was committed by a woman who has a young child or is pregnant.
- If the violation was committed by a minor.
- Voluntary execution of the order by the person who committed the offense, before the decision is made.
- The actions were committed in the conditions urgent need that is, when it was impossible to avoid an accident on the road.
Thus, the mitigating circumstances of an accident can only be applied in an administrative offense in relation to traffic rules.
Aggravating circumstances
Aggravating circumstances are also taken into account when deciding or sentencing a vehicle driver. These include: intoxication, lack of remorse, or a desire to continue illegal actions. Also, such circumstances include the commission of an offense not for the first time, the commission of a group of persons or the involvement of minors. This is indicated in article 4.3. Administrative Code of the Russian Federation.
Expertise Features
A description of the circumstances of the accident may be necessary not only during the judicial review of the case against the guilty person, but also for the insurance company.
The expert will give an objective conclusion about the condition of the car and about the possible costs of restoration based on the documents that were transferred to him. The specialist is not entitled to independently seek the missing information or ask for its provision.
In the expert’s work, some nuances can be noted. Since he receives documents from the customer, which may be an investigator, judge or car owner, the lack of necessary information can affect the outcome of the case in relation to the driver and the calculations with the insurance company.
An incomplete expert opinion may cause a second application for examination, but in a completely different accredited institution.
It must be remembered that the study should be carried out only by a specialist. The service station where the car is located cannot conduct such a diagnosis of circumstances.
An independent examination of accidents in the case of secondary treatment is carried out in exactly the same way as for the first time. However, it is necessary to clarify whether all documents from the scene were handed over to a specialist.
In addition, the expert, in accordance with Article 26.4 of the Code of Administrative Offenses of the Russian Federation, is responsible for a false conclusion and is held liable if this fact is revealed.
Errors in recording the circumstances of an accident
From time to time, traffic police officers or car owners themselves forget that it is necessary to correctly fill out the documents, which ultimately depend on the reaction of the insurance company or even the fate of a person. 
The most common mistakes when filling out documents:
- The name of the insurance company is written in an abridged version, so it is not always clear which institution should return the amount of insurance. Many companies in this market may have similar names, so you need to register them in strict accordance with the policy.
- The digital data of the policy is inaudible or incomplete. This is the most serious mistake when filling out documents during an accident in Russia.
- There is no data on how many participants in the incident were.
- The documents do not contain information about exactly which rules were violated or clarifying clauses are missing.
- An examination of the circumstances of the accident was not carried out if this was necessary (that is, there are victims). In this case, circumstances mean not only damage to the car body, but also information about the victims.
Such carelessness often leads to the fact that the owner of the car is not able to get compensation from the insurance company. But this will only matter if an administrative offense is committed.
Also incorrectly conduct inspection of the scene and incorrectly enter data into documents and traffic police. An accident, if expertise is needed, or rather, his picture, cannot be completely recreated. And precious time for research will be lost.
