Russia’s Supreme court returned the law to the driver, who was punished for stones flying from under the wheels of his car. The stones damaged a windshield of cars heading over. According to traffic police, a similar incident had obliged the driver to stop and arrange an accident. He left for Israel. So he has been charged with leaving the scene of a traffic accident.
The incident happened on June 29 last year in the village of Duchovic Kursk region. As stated in the materials of the case, the stone was damaged a car heading in the same direction – has a crack windshield. Lower courts agreed to consider it a traffic accident with all the legal consequences once the man left the scene of an accident, it has deprived the person of a driver’s license. However, the Supreme court looked at it differently.
“This event occurred for reasons beyond the control of the driver of the car, without taking any action on his part, to anticipate this event, as well as the consequences in the form of damage to the windshield next to the passing direction of the car he had opportunities, – says the decision of the Supreme court of Russia. – Event does not meet the characteristics of road traffic accident in the sense given to this term in article 2 of the Law on road traffic safety and in paragraph 1.2 of traffic Rules, and isn’t.”
In other words, you cannot blame a person in unfortunate circumstances. Luck is not punishable. Recall that, under the regulations, a traffic accident is “an event occurring during the movement of the road vehicle and with his participation, which killed or injured people, damaged vehicles, structures, goods or caused other material damage.” It turns out that flew into the windshield machine stone, it’s an accident for one reason. the one they got. The other driver, it turns out, only the blind instrument of fate who threw the stone under the wheels of his car. Therefore, the Supreme court found the second participant of road accident.
This legal position is important to distinguish situations when a driver must or must not stop. The accident is not always a collision of cars. On the way there are a variety of situations. Sometimes the guilty one who just flew by at high speed. For example, recently the Supreme court of Russia has deprived of the rights of a reckless driver, a dangerous manoeuvre where another car drove onto the sidewalk and crashed into a tree.
Under such circumstances, as considered by the Supreme court, the accident is in direct causal relationship with the actions of the driver. Here it is impossible to speak about any unfortunate circumstances, be a Scorcher careful, nothing would have happened. The lack of damage on his car at the characterization of his violations are not affected, so the reckless driver deprived of the rights for leaving the scene of an accident.
But in the present case, no fault on the driver. The ill-fated stone could fall under the wheels of any car. When the man behind the wheel, to punish him for that.
