Everyone knows that on the road there are currently a huge number of incidents that end unfavorably. Accidents occur almost every day, because the car is a rather dangerous means of transportation. Traffic accidents (traffic accidents) occur as a result of intoxication of the driver, fatigue, poor health and for a number of other reasons. Even a completely sober driver of a vehicle does not always manage to avoid an accident. If there was a collision of two cars or a car hit a pedestrian, there is personal injury during an accident. Nowadays, not every driver is aware of the rules for resolving disagreements on the road. In this case, it is recommended to use the services of car lawyers, who will always come to the rescue and help resolve the issue.
Degrees of harm
If an accident occurs, certain consequences are inevitable. The guilty party must be punished, depending on the violation, it can be administrative or criminal liability. At the same time, it is necessary to provide first aid to the victim.
In total, there are four types of harm to health as a result of an accident: moral, minor damage, medium and severe. In order to determine which type a particular situation belongs to, it is necessary to rely on the following criteria:
- how dangerous is the harm caused as a result of an accident to life;
- are there injuries that make a person incapable of further work;
- organ health;
- whether the ability to conduct professional activities is lost.
A forensic medical examination is used to determine the severity. After certain studies, the further fate of the culprit and the victim is decided.
Moral injury
Of course, the existence of this type of damage is most difficult to prove, because as a result of moral suffering, there are no marks left on the body. However, causing moral harm to health in road accidents should not be underestimated. After all, a person is characterized by mental anguish and feelings, which in the future can adversely affect health. If we consider the same shock after an accident, it sometimes takes a person years to come to a normal mood.
Most agree that if the victim does not suffer mentally, then there can be no question of any compensation. However, this is a fallacy. After all, a car enthusiast often worries more about his car than about himself. In any case, the payment must be made, because even during the trial the victim spends time, straining the heart and nerves. As you know, any experience can seriously affect health in a negative sense.
Slight damage
Light damage in road accidents - a short nervous breakdown and temporary disability. It should be noted that almost all participants in the accident receive this type of damage. Therapy usually lasts about three weeks. The course can be conducted both in clinics, hospitals, and at home. Shock or slight stress is usually observed.
Causing minor harm to health during an accident is punished very rarely. This case is not difficult, and therefore it does not come to monetary compensation. In most cases, the victim does not realize that he was injured, and, accordingly, does not require any punishment for this.If slight damage to health has been done and needs to be repaired, then a medical report should be presented confirming this fact.
Medium Health Harm
Causing moderate damage to health in road accidents is not uncommon. This damage is characterized by short-term health problems that do not pose a threat to life. The ability to work by about 25%, one fourth, is also lost. Examples include injuries to hands or feet, concussion, and other minor human health problems. In this case, the treatment takes more than three weeks. Therapy can be carried out both at home and in the hospital.
As already noted, people in our country are usually not very savvy in legal terms and are not ready to fight for their rights. Any person who has suffered from moderate damage to health during an accident has the right to demand monetary compensation. Another thing is that in practice, usually no one does this, but in vain. A person is temporarily incapacitated, the resulting damage prevents him from living for some time. And this is very serious, it is necessary that everyone understands this situation and try to solve it with benefit for themselves.
Severe damage
We examined almost all types of harm in road accidents, in addition to the most dangerous - serious. It represents that damage at which life and health of the person are called into question. These situations include the following:
- loss of vision, hearing, or speech;
- complete disability;
- spinal fracture;
- violation of the human psyche;
- closed injuries of internal organs, etc.
Causing serious harm to health in road accidents is always punished. The court usually makes a decision according to which the culprit reimburses the victim for the full cost of all medicines, operations, as well as moral damage. If the restoration continues for a rather long time, then the court makes another decision, but this rarely happens and is not worth attention.
Injury caused by road accident
It should be noted that such cases are not uncommon. Particularly often, violations are recorded that entail serious damage to health or death. In both cases, the case will be conducted in accordance with the Criminal Code. If the accident led to the death of a person, then it is not possible to avoid punishment. After all, there is no crime more serious than the termination of human life through someone else's fault.
If, nevertheless, the victim did not die, but suffered serious damage, then the culprit will face no less severe punishment. The Criminal Code provides for imprisonment of up to 9 years in the event of the death of the victim.
Drawing up a statement of claim
If a traffic accident has occurred and there has been a personal injury, then someone must be punished. Whether it’s monetary compensation or a real term of imprisonment. Sometimes everyone disagrees and the perpetrator is ready to pay a fine and compensate for the damage that has been done. However, such an idyll is not always observed. Often a person refuses to do anything, and then the victim has to knock compensation out of him.
To facilitate the collection of a certain amount of money, it is necessary to draw up a statement of claim. It should be accompanied by the following set of official papers:
- certificate of accident;
- documents on property, the fact of causing harm, the amount to be restored;
- forensic medical examination report;
- any certificates and documents that confirm the costs of therapy;
- a certificate from the place of work about the average income for the period that is associated with an accident.
The main thing is to prove the fact of harm to health in an accident. Punishment will surely follow if everything is done correctly. The size of the amount depends on the specific case and is calculated individually.
Types of punishment
There are three types of liability for the culprit in a traffic accident.You can determine the type of punishment based on the consequences of the accident for the victim:
- Civil law. It is relevant if there is damage to the car, which must be compensated by cash payments.
- Administrative This type of liability occurs if the car is damaged, and the victim received minor or moderate harm to health. The culprit is required to pay a certain amount, and he is also deprived of his driver’s license.
- Criminal It occurs only if the victim sustained grievous bodily harm or the accident ended in death. Then the culprit faces imprisonment.
It is worth remembering that the last two types of liability are characterized by the fault of the driver of the car, and the first type of punishment extends to the innocent side. So, if you were driving and a pedestrian suddenly jumped out and got injured, you will have to indemnify him for the damage.
Case review
The process of causing harm to health in an accident is considered in a district court at the request of the victim. The application is submitted free of charge; there is no need to pay the state fee.
Compensation for damage depends on whether the victim has an insurance policy. If the answer is yes, then the victim has the right to request payment from both the insurance company and the culprit. It is worth remembering that the company pays compensation equal to the damage, but not more than 500 thousand rubles. The insurance company considers the application for payment within 30 days, after which it makes a decision.
Some features
The legal owner of the car will not always be punished for causing harm to health in an accident. There are exceptions. For example, if an accident occurred as a result of a car theft or a natural disaster. Also, if the intent of the victim took place, the driver will not be held responsible. For example, if a pedestrian himself lay under the wheels.
If it so happened that the accident occurred due to a malfunction of the car, the company that repairs the car will be punished.
Conclusion
In this article, we most fully examined the picture of harm in road accidents. People need to read the laws in order to understand their rights and obligations. Then it will be difficult to deceive us and we will be legally savvy. The driver of the car should always be extremely careful, not be distracted by third-party things. After all, if you look away from the road for a second, the inevitable can happen. Therefore, the more there will be sober, adequate drivers, the less accidents we will see on the roads.