Acting of traffic participants after the occurence of TRAFFIC ACCIDENT

Transcription

1 Acting of traffic participants after the occurence of TRAFFIC ACCIDENT Road Traffic Safety Agency Republic of Serbia Агенција за безбедност саобраћаја 1

2 Introduction Traffic accidents represent the side effects of traffic. Although they are not the only consequences of traffic, they have a major negative impact on society from different aspects: health, economic and human. The number of accidents that occur in a given area in a given period, and the number of people who die or get killed in the same area at the same time form a certain image of the state of road safety in this area. In the analysis of the traffic safety situation many other are included - indirect indicators, but the number and consequences of accidents are commonly used to show what is the situation of road safety in an area (state, municipality, etc.), and whether the situation has improved, whether it is stagnant or it possibly deteriorated compared to the previous period. At the global level the aspiration to improve the traffic safety situation is clearly visible. United Nations General Assembly proclaimed the Decade of Action for Road Safety with the overall aim to stabilize and then reduce the forecast level of suffering in road traffic worldwide by The aim of the Decade of Action for Road Safety is quantified as "five million lives saved in traffic", which should be realized in the period from 2011 to Road Traffic Safety Agency

3 Acting of traffic participants after the traffic accident Striving to improve the traffic safety situation has been recognized in the United Nations - on the highest, global level. But how to achieve improvement? In order to achieve the defined objective, a number of activities that should be implemented at different levels were identified: at global level, then the state level, to the level of the individual - traffic participant. Each traffic participant has a key and very important role in saving own, but also the lives of other traffic participants in the event of a traffic accident. Namely, one should give its best to prevent the occurence of a traffic accident. But then when traffic accident occurs we should, as traffic users, take every measure to diminish the consequences resulting from traffic accidents, and to take everything that is in our power to enable the rescue of victims. Therein lies the significant role played by each participant in traffic when a traffic accident occurs. Road Traffic Safety Agency 3

4 Acting of a person after the traffic accident Law on Road Traffic Safety * defines the legal obligations of all traffic participants, whether they are: 1. direct participants in a traffic accident, or 2. persons who found themselves or came accros the place of a traffic accident. On the other hand, in addition to legal obligations, there are moral duties. Moral act of helping another man derives from the highest moral values. Moral values can not be imposed, but may be encouraged and nurtured in people. Ethical behavior in traffic is especially important when accidents happen, and when the life of the injured person may depend on other participants in a traffic accident or traffic participants who assists the injured person. Detaining persons on the road after the event of a traffic accident is very dangerous. To avoid the injury of persons who happen to be ion the road and persons who want to provide assistance to injured persons it is best for the participants in traffic after the accident to act in a way that is defined by the law and which is considered to be the most preferred and safest. * Law on Road Traffic Safety (LRTS) - "Official Gazette of RS", no. 41/2009, 53/2010, 101/2011, 32/ decision of US and 55/ Road Traffic Safety Agency

5 Acting of traffic participants after the traffic accident Why does the law in detail define the behaviour of traffic participants in the event of traffic accident? Particular definition of the behavior of participants in a traffic accident and traffic participants in the event of an accident has the AIM to: 1. PREVENT FURTHER TRAFFIC ACCIDENTS, 2. PROVIDE EFFICIENT RESCUE OF INJURED, 3. conduct a quality investigation, fix the current situation and professionally analyse the traffic accident; 4. record important information about the accident, in order to track and understand the problems of traffic safety, 5. in the minimal possible extent disrupt traffic and enable optimal flow of traffic in the zone of traffic accident, 6. better understand the problems that contributed to the occurrence of traffic accident, or problems that have affected the weight of consequences in order to take effective measures in order to prevent the emergence of new traffic accidents and successful traffic safety management. As can be seen, the first two objectives of scaling of behavior of persons after the accident are particularly prominent. What is the reason for that? The person (involved in a road accident and traffic participant) is required to primarily protect himself, or to prevent FURTHER injuries, because only when that is provided he will be able to help other people who were injured in the accident, and to ensure their effective rescue. Road Traffic Safety Agency 5

6 How should one protect oneself and others, or prevent new injuries? First minutes after the event of traffic accident are very critical regarding the safety of all traffic participants. Participants of accidents are almost always scared and not levelheaded immediately after the event of traffic accident. After exiting the vehicle the persons usually walk and stay on the road, thus creating "dangerous obstacles" on the road. It can happen that other traffic participants, who come accross the accident, and who are not warned that the traffic accident occurred, do not have enough room to stop in a safe manner, and consequently there is an occurrence of other - secondary accidents. The other traffic participants have no reason to expect obstacles on the road in the form of vehicles, persons and objects that are on the road after the accident (sudden and unexpected obstacles), and therefore it is important to be timely informed about the existence of danger on the road, in order for the traffic participants to be able to respond appropriately. It is always necessary to ensure the scene of the traffic accident, without exception, immediately after the event of the traffic accident. Failure to ensure, or mark the scene of traffic accident presents the main cause of subsequent traffic accidents. Only when the scene of the accident is secured and when the emergence of new injuries is prevented, then it can be proceeded to the realization of the second goal which was specifically highlighted, and it is the effective rescue the injured. 6 Road Traffic Safety Agency

7 Acting of traffic participants after the traffic accident There are known cases in practice when it came to death of professional persons who came accorss the scene of traffic accident, who wanted to help and who had professional competence, but were killed by vehicles of other traffic participants, because the scene of traffic accident was not adequately marked and secured. In addition to participants in the traffic accident, other persons have an obligation to when they come accross a traffic accidents prevent the enlarging of the existing or creation of new consequences. This is important in situations where the participants of traffic accidents are not capable or able to secure the scene and assist the injured. Road Traffic Safety Agency 7

8 SECURING the scene is especially important in areas where there is REDUCED VISIBILITY, ON BRIDGES, IN TUNNELS, CURVES, AT NIGHT, IN CONDITIONS OF REDUCED VISIBILITY, etc. because in such places there is a particularly high risk of occurrence of secondary accidents. In the instruction on the treatment of participants in traffic after the occurrence of accidents it will be shown how LRTS defines the behavior of persons depending on their role, and depending on the consequences that have arisen in the traffic accident. The importance of defining the behavior of traffic participants in the event of traffic accident is indicated by the fact that Chapter X of the Law on Road Traffic Safety relates to the duties and conduct of traffic participants and other entities in the event of traffic accident. 8 Road Traffic Safety Agency

9 Acting of traffic participants after the traffic accident The Law on Road Traffic Safety defines duties and course of action depending on whether the person was a paticipant of traffic accident or it is a person who came accross the traffic accident, as well as on the severity of consequences of traffic accident, as follows: 1. For a person who comes accross the scene of traffic accident where there are injured persons, 2. For the driver, or other participant in the traffic accident where a person has suffered severe injuries or died, 3. For the driver, or other participant in the traffic accident in which only minor damage occurred. Road Traffic Safety Agency 9

10 Duties of persons depending on the severity of consequences of traffic accident TRAFFIC ACCIDENT 10 Road Traffic Safety Agency

11 Acting of traffic participants after the traffic accident HOW SHOULD ANY PERSON WHO COMES ACCROSS THE TRAFFIC ACCIDENT ACT? LAW : Person who comes accross the scene of the traffic accident in which there are injured persons is obliged to: to immediately inform the police and / or emergency medical services, and to in accordance with his knowledge, skills and abilities, provide assistance to persons injured in the accident and if necessary take them to the nearest health care facility, and to do everything in his power to prevent further consequences or occurence of new consequences. All persons, not only traffic participants, which come accross the scene of a traffic accident in which there are injured persons are obliged to immediately inform the police or the emergency medical service. In terms of providing assistance to persons who were injured in the accident, it was emphasized that a person should provide assistance in accordance with their knowledge, skills and abilities. This is important because people should be aware of their knowledge and training that would not lead to further consequences. In situations where waiting for the arrival of the emergency services could jeopardize the health and lives of injured, or when emergency vehicles are not available the legislator has predicted the obligation of persons who come accross the scene of traffic accident to transport the injured. The obligation of a person to prevent enlargements of existing or creation of new consequence refers primarily on providing the scene with the aim of preventing the occurrence of new traffic accidents. Road Traffic Safety Agency 11

12 HOW SHOULD A DRIVER, OR OTHER PARTICIPANT OF TRAFFIC ACCIDENT ACT IN CASE WHEN THERE ARE INJURED OR KILLED PERSONS OR WHEN A CONSIDERABLE MATERIAL DAMAGE OCCURRED? LAW: The driver, or other participant in a traffic accident in which a person has suffered injuries or died, or where considerable material damage occurred is obliged to: 1.stop the vehicle, turn off the engine, turn on all direction indicators, place a security triangle on a safe distance, notify the police and / or emergency services and take other measures available in order to warn other traffic participants of the existence of the accident, 2.warn all persons to move from the road in order for them not to be injured or not to destroy the traces of the accident, 3.notify the police and remain at the scene of an accident until the police arrives and the inspection is completed, 4.help the injured, or perform first aid or medical assistance in accordance with his knowledge, skills and abilities, 5.to take all protective measures that are in his power to prevent the occurrence of new or enlargement of the existing consequences and injuries, 6.to secure traces and objects of the accident, provided that that does not endanger the traffic safety. If at the scene of accident referred to in paragraph 1 of this Article the owner or driver of another vehicle that was involved in the accident is not present, the present driver involved in a traffic accident is obliged to submit his name and address to the absent person or the owner of the other vehicle. Exceptionally, a person referred to in paragraph 1 of this Article may be removed from the accident if he needs urgent medical assistance or for transporting the injured to the nearest health care facility. In the case referred to in paragraph 3 of this Article, a person is obliged to return to the accident as soon as possible. 12 Road Traffic Safety Agency

13 Acting of traffic participants after the traffic accident For traffic participants who do not abide by traffic rules and thus endanger the life or bodies of people or property of a larger scale, and in addition there is a minor bodily harm of another individual or there is property damage exceeding the amount of two hundred thousand dinars, the criminal responsibility is defined (Criminal Code*). In case of an accident the driver is obliged to primarily turn off the vehicle engine, in order to reduce the risk of fire or explosion. After that he should turn on all direction indicators, n order to in a fastest and best manner inform other drivers of the presence of a danger on the road. Signal indicators are visible at a distance of several hundred meters, and the vehicle is visible from a much shorter distance. * Criminal Code (CC) "Official Gazette of RS", no. 85/2005, 88/ corrected, 107/ corrected, 72/2009, 111/2009, 121/2012, 104/2013 and 108/2014 Road Traffic Safety Agency 13

14 After that, it is necessary that the driver or other participant of the traffic accident to put a warning triangle at a safe distance from the place of accident. This is especially important if the accident occurred at the point where the visibility is reduced, for example a curve, inflection point, etc., as well as in the case of reduced visibility or at night. By observing the triangle the driver will be clearly pointed out that the there is a danger on the road that lasts for a certain period of time. Warning triangle should be placed on the road, at a minimum distance of 50 m on the road outside of the settlement, and at a minimum distance of 10 m on the road in the settlement, so that the driver who approaches from the direction on which the sign is placed can in a timely manner stop his vehicle. On the highway where the speed limit is higher, and therefore the speed of vehicles is higher, warning triangle should be placed at an even greater distance in relation to the road outside the settlement. How to place a warning triangle? 10 m 50 m 14 Road Traffic Safety Agency

15 Acting of traffic participants after the traffic accident It should be noted that the person who places the warning triangle should do that with caution, moving along the edge of the road, so as not to jeopardize their safety. In addition, it is necessary that the person wears a light reflecting vest when he is on the road in order to be noticed by drivers of motor vehicles who approach the scene of the traffic accident, to avoid the creation of a new traffic accident. The advice is for the light reflecting vest to be within react of the drive in the vehicle. The driver or other participant in the traffic accident is obliged to warn all persons to move from the road in order for them not to be injured, especially in the case of events in a traffic accident on the place where the vehicles are moving at high speeds, and in conditions of reduced visibility. The driver or other participant of the traffic accident is obliged to notify the police and remain at the scene of the accident until the police arrives and finishes investigation. Exceptionally, he can be removed from the accident if he needs urgent medical assistance or for transporting the injured to the nearest health care facility, but with the obligation to return to the scene of accident as soon as he is able. Road Traffic Safety Agency 15

16 Law on Road Traffic Safety defines the obligation of the driver or other participant in traffic accident to provide help the injured, or first aid or medical assistance in accordance with their knowledge, skills and abilities. The driver or other traffic participant should take all protective measures that are in his power to prevent the emergence of new and enlargement of the existing consequences and injuries, as well as to provide traces and objects of the accident, provided that this does not compromise the safety of the traffic. In addition to the penalty which is defined by the Law on Traffic Safety, penalty provisions for failure to provide assistance by the driver to the injured person in a traffic accident have been defined by the Criminal Code: (1) The driver of a motor vehicle or other means of transport which fails to provide help to a person who was injured by this means of transport or whose injury was caused by these means, shall be punished by a fine or imprisonment for up to three years. (2) If in the failure to provide assistance there is a serious bodily harm of the injured person, the offender shall be punished with imprisonment from six months to five years. (3) If in the failure to provide assistance the death of the victim occurred, the offender shall be punished with imprisonment of one to eight years. 16 Road Traffic Safety Agency

17 Acting of traffic participants after the traffic accident HOW DOES THE DRIVER OR OTHER PARTICIPANT OF A TRAFFIC ACCIDENT ACT IN CASE WHEN THERE IS ONLY A MINOR MATERIAL DAMAGE? LAW: The driver or other participant of traffic accident in which only minor damage occurred is obliged to: 1.warn other traffic participants of the existence of vehicles and other obstacles on the road, if he cannot remove them by himself, 2.remove the vehicle and other objects from the road, if they prevent or threaten the flow of the traffic, or if there is danger of new traffic accidents, 3.fill in the European report on the accident when an authorized person does not perform the investigation of traffic accident, 4.warn all persons to move from the road so as not to interfere with the traffic, 5.leave information about himself and the vehicle to the driver of the damaged vehicle or holder of other damage object in the accident, or the police, 6.take protective measures that are in his power to prevent the occurrence of new or enlargement of the existing consequences of the accident. If the participant in the traffic accident in which only minor material damage occurred on the other vehicle, due to the absence of the driver of other vehicle, is not able to provide personal data and data on vehicle insurance, is obliged to on that accident inform the competent authority of interior affairs and to submit his personal data and data on the damaged vehicle. When a traffic accident occurs in which the greatest consequence is a material damage of a smaller scale, and the participant in traffic accident can not remove vehicles by himself and other obstacles that are on the road, he should warn other participants in traffic about the existence of other vehicles and obstacles on the road. Road Traffic Safety Agency 17

18 Although the manner is not precisely defined, the manner of marking was previously discussed, and it implies turning on of signal indicators, placing of the warning triangle with the obligatory wearing of light reflecting vest by the driver, and warning of all persons to move from the road so as not to interfere with the traffic. In the case of event of traffic accident with minor material damage the driver is required to remove the vehicle or other objects that obstruct or endanger the traffic on the road. Drivers who have agreed in relation to the amount and compensation of the damage incurred in the traffic accident with minor material damage must fill the European Report. Drivers who have not reached an agreement may require onsite investigation by the police, and in this case the participants are obliged to remain in place until the end of the accident scene investigation. OTHER LEGAL OBLIGATIONS RELATED TO THE TRAFFIC ACCIDENT A person who was involved in the accident must not take alcoholic beverages and / or psychoactive substances until the investigation is over. After completion of the investigation the driver or owner of the vehicle is obliged to immediately remove the vehicle, objects, or other material scattered on the road. 18 Road Traffic Safety Agency

19 Acting of traffic participants after the traffic accident Conclusion When a person involved in a traffic accident or any other person who comes accross the scene of accident carefully and safely marks the scene of a traffic accident, he: protected himself, other persons who were involved in the traffic accident, other participants in traffic which approach the scene of traffic accident, and ensured safe and efficient rescue of casualties of injured person in the traffic accident. In this manner, respecting the manner of behavior after the traffic accident defined by the law, the traffic participants are able to in a safe manner, not endangering themselves and others, fulfill their moral obligation and help the injured persons in the traffic accident. Road Traffic Safety Agency 19

20 Republic of Serbia Road Traffic Safety Agency Road Traffic Safety Agency Bulevar Mihajla Pupina 2 (east entrance) New Belgrade 011/ / web address: address: abs@abs.gov.rs istrazivanja@abs.gov.rs Director Milan Božović Editor Jelena Milošević Prepared by: Jelena Milošević Dr Dragoslav Kukić Miroslav Rosić Graphic processing and design Research sector Print Road Traffic Safety Agency 2015