The advent of road transport has greatly simplified life and empowered people. Of course, the benefits of the car are invaluable – it’s speed and mobility, and the ability to independently and independently of the conditions of other vehicles to plan your day. However, it should not be forgotten that the driver is a person who has a high level of responsibility and must clearly comply with the requirements of the Traffic Rules (hereinafter – the Traffic Code).
Currently assessing the situation in the country, the lack of alternatives to travel other than private transport is particularly noteworthy. This problem has raised a number of painful issues, including increased congestion, as well as the frequency of road accidents (hereinafter – accidents). In this regard, the issue of liability for an accident is relevant.
If we consider the situation where the responsible person responsible for the accident is the driver, he will be liable, depending on the consequences of the accident, under Art. 124 of the Code of Administrative Offenses or under Art. 286 of the Criminal Code of Ukraine. However, accidents are often caused by traffic violations, not by drivers, but by pedestrians, who, due to ignorance or careless attitude to such rules, become the cause of tragedies. What is their responsibility?
As such, pedestrians are not responsible for creating dangerous road situations, although according to the traffic rules they are road users. It should be noted that only in the case of filing a civil lawsuit in court for damages, such a person will bear property liability.
In addition, it should be noted that recently the Criminal Court of Cassation of the Supreme Court considered the cassation appeal under Part 2 of Art. 286 of the Criminal Code of Ukraine, and ruled that although the danger to traffic was created as a result of illegal behavior of a pedestrian, it does not exempt the driver from the requirements of this paragraph, as the latter had to apply emergency braking, and therefore does not exempt from criminal liability (http://reyestr.court.gov.ua/Review/86435726).
Summarizing the above, we would like to draw your attention to the fact that in the event of an accident in any case, except those that threaten your life and health, follow the traffic rules. And in the event that an accident occurred, and you do not know how to behave, have doubts about the integrity of the perpetrator of the accident or do not know how to file a lawsuit for material and moral damage, seek the help of lawyers who will solve your problems.