Accidents caused by road services in icy conditions: judicial practice. How to drive a car in icy conditions If the car is unrolled in icy conditions what to do

Denis 90 - 100 km / h if the tires allow.

Pavel I ride from 100 to 140 BUT I have Continental SnowViking studded tires - the best winter tire in 2009. And by the way, deserved!
In general, it is better to go 60. Maximum 80. Otherwise, you never know what animal will jump out of the forest or carry the car.

Gennady Zdorov. After 100, thorns are useless.
So I don't usually drive. I vaapche like a trolley bus)))))

Vladimir 80 km / h four-wheel drive, I always have time for the next world.

Victor And I drive as much as is written on the signs))))

Edward Yes, at least 200. If there is no mind. Are you looking for advice, or bragging?

If the track is clearly visible, clean, no cars. You can afford a speed of 80 km / h.

Average mode for ice - 60 km / h.

If there are cars or other obstacles on the track, then 30-40 up to 10 according to the circumstances.

The truth is that the laws of physics have not been canceled. Not for studs, not for cool cars with any drive. If you need to stop quickly, or change the lane, Oleg, then what the hell can you do with such speed on the ice. And life is one. And it would be good to remember this.

Yuri on a Volvo 740 according to fig 140 and more. The question is only in the braking distance, you never know what
and on others no more than 120

Stepan I drive 60-80 km / h.

Anatoly I would have had my head with me.

Ilya At a safe speed for driving.

Andrey It depends on what kind of drive and tires, but of course how much courage is enough.

Seven simple rules will help you to ride properly on ice. Original video: ...

How much do you allow yourself to drive on the track in ice in winter? our 120 is going confidently ... | Topic author: Alexander

drove like that 130 km / h on a spike kaneshno! (front-wheel drive! Generally goes well!

Igor, the main thing is not to brake sharply and not to turn the steering wheel.

Peter 60 no more ((

Nikita The heavier the car, the more stable it is on the ice in the spikes. So they spar.

Is Egor confident in the post?)

Sasha no more than 70

Roman 120 on summer tires, provided that I am alone on the track !!

Anton and I generally fly on ice)))))))))))))
... birdie)))))))

Fedor 60 70 no more.

Leonid Watching Where, if on the highway, last winter, 140 walked, for example, along the M7, and if along inter-district roads, citizens flew to the ditch by 60. At the turn I was turned around at 40.

Artem Ice 120? I will not believe. 40 maximum.

Gennady, if the car is front-wheel drive, this does not mean that it will drive 120 adequately on ice. you were probably driving in a straight line on the pass. but the slightest maneuver and there will be no trace of confidence ... and there will be one less Suvorov. miracles do not happen ...

Valentin I flew off the track twice, my brains fell into place, I recommend watching the myth destroyers, at 120 on impact, only the trunk remains

Oleg as I understand YOU - this is SUBARU .... when I had Legasy Outback - I walked 160-180 on the way Perm-Novosibirsk. The track was EMPTY due to wild ice, ALL long-range players were drinking in roadside cafes Kirill 4WD + thorns ... very quickly arrived at that time

Dima Maximum 60-80 if there is pure ice, when he starts spinning on the ice then you will not feel confidently at 120

High-speed highway "Moscow - Kazan" - Pro City Vladimir

16 Sep 2015 ... The railway will go around Vladimir from the north along the line .... the Moscow-Kazan highway, which will pass through the region, ...

Every time, getting behind the wheel, the driver of the vehicle assumes responsibility not only for his own life and health, but also for the life and health of those with him. Every time we get into the car, under the control of one or another driver, we realize that we are actually entrusting our lives in his hands. The owner of the vehicle, as a source of increased danger, has no right to make a mistake. Our civil legislation, accordingly, provides for the liability of the owner of a source of increased danger for harm caused by this source even in the absence of the owner's fault (Article 1079 of the Civil Code of the Russian Federation).
In the event of an accident, the culprit is, as a rule, the driver of one of the vehicles involved in the accident, who violated the traffic rules. But is it always the driver or only the driver who is to blame for the accident? And what about the roads, do they meet safety requirements?
In the first four months of 2008, the number of road traffic fatalities increased significantly.
Due to bad roads last year, we had almost 44 thousand accidents, in which about 7 thousand people died and more than 54 thousand were injured. At the same time, improvement of road conditions will have to wait for almost 10 years. Only by 2017 (according to the working group on road safety in the State Duma), and then "subject to proper funding", the roads will be put in order, and by 2015 in accordance with safety requirements.
Today, only 38 percent of federal roads meet transport and operational requirements. Only 45 percent of federal roads meet the standards for pavement quality, 45 percent for road strength, 75 percent for adhesion (according to Rosavtodor data).
Accordingly, in winter, when the roads are covered with ice and snow, the number of accidents increases several times. Situations arise when ice forms on certain sections of the road (snow roll). Road services do not always have time (including for objective reasons) to treat problem areas with a special chemical. compound or sand and salt mixture, display warning or speed limiting signs. Thus, drivers, in the absence of appropriate signs, are placed in conditions under which they must, at their own peril and risk, choose the speed of movement within the limits of the maximum speed in this section. There are no and cannot be people with the same psycho-physical data, the same experience, driving experience, and appropriate skills. What one driver can do in an extreme situation (with excellent reaction, driving experience, driving skills) is not available (due to other physical characteristics, short driving experience) to another driver.

Therefore, pictures of broken or overturned cars on the side of the road and in snowdrifts are becoming common. And how does it qualify, who will be found guilty of an accident? The driver or those who must monitor the condition of the roads, who must ensure their safety?
It would seem that this is what road services exist for, to ensure traffic safety. These services have all the necessary legal and technical capabilities for this.
Meanwhile, in reality, there is a "presumption of guilt" of the driver in the event of a skid on a slippery road, resulting in an accident. At the same time, road services are on the sidelines. There are GOSTs, SNIPs, but they are never observed by anyone.
Perhaps, if insurers or the drivers themselves begin to file claims against the operating organizations on an ongoing basis, the situation will move off the ground.
But in addition to property liability, the driver, if there are dead or seriously injured as a result of an accident, can be prosecuted under Article 264 of the Criminal Code of the Russian Federation, and here it is not only a matter of the "cost of the issue", but also the real possibility of getting a sentence freedom.
You can always find fault with the actions of the driver - "I lost control, did not take into account the road conditions, chose the wrong speed mode."
The current traffic rules qualify such violations in accordance with clause 10.1 of the SDA, which states: “The driver must drive the vehicle at a speed not exceeding the established limit, taking into account the traffic intensity, features and condition of the vehicle and cargo, road and meteorological conditions, in particular visibility in the direction of travel. The speed should provide the driver with the ability to constantly monitor the movement of the vehicle to comply with the requirements of the Rules.
If there is a danger to traffic, which the driver is able to detect, he must take possible measures to reduce the speed until the vehicle stops. "
The law enforcement interpretation of this clause of the rules actually does not leave a driver who has got into a skid under ice conditions a chance to prove his innocence in relation to the consequences of such a skid.

For an illustrative example, I will give a situation from my law practice:
Winter season. Federal highway. Ice (or snow roll). Driving into the oncoming lane, collision with a car moving in its own lane in the opposite direction. Two passengers were killed, the driver was taken to hospital with injuries. Upon recovery, the driver was charged with violating clause 10.1 of the traffic rules, which entailed the consequences in the form of the death of two or more persons, his actions are qualified under Part 3 of Art. 264 of the Criminal Code of the Russian Federation.
The investigation brought the following to citizen K.: On February 1, 2005, driving a VAZ 21063 car, K. violated the traffic rules provided for in clause 10.1 of the RF SDA, namely, he was moving on a road surface that had a snow roll at a speed that did not correspond to road conditions, did not ensured road safety, as a result of which he lost control of the car ..., there was a skid with an exit into the oncoming lane, as a result of which a collision with a Kamaz 5310 car moving in the opposite direction occurred. As a result of the road accident, two passengers were killed in the car under the control of the accused.
I entered the case at the trial stage.
When studying the materials of the case, it was found that the indictment documents did not contain any data on the speed of the vehicle under the control of the accused or on the safe speed of movement in this section.
As can be seen from the research part of the primary conclusion of the expert-auto technician (appointed in the pre-trial stage) and his testimony in court, the critical speed of the car for the occurrence of a skid during rectilinear movement on a flat surface with a snow roll is about 93 km / h (the expert took the coefficient adhesion of tires to the road surface 0.3). At the same time, there is no objective data on the vehicle speed before the occurrence of a skid.
Meanwhile, the speed of the vehicle in this situation is one of the subjects of evidence in a criminal case. Accordingly, it can be determined only with the help of properly collected and executed admissible evidence (Articles 73, 74, 85 of the Code of Criminal Procedure). Such evidence can be the testimony of the suspect, the accused, witnesses, protocols of investigative actions, expert opinions (conclusions), etc. As can be seen from the conclusions of the traceological and autotechnical examinations examined in the court session, at the moment there are no methods for determining the speed of a vehicle in the absence of a brake trace. An investigative experiment in this case is impossible due to the danger to life and health. There is no evidence of the speed of movement for objective reasons. Of the persons who could see the speedometer readings, only the accused survived. Witnesses who would move in the same direction and could have judgments about the approximate speed of the car under the control of the defendant by their measuring instruments have not been established. Thus, of the admissible evidence, there is only the testimony of the defendant, which indicates a speed of 40 km / h.
Taking into account the above, at the court session, at the request of the defense, a repeated auto-technical examination was appointed. The court's ruling on its appointment established that the speed of the vehicle under the control of the defendant before the occurrence of a skid was equal to 40 km / h. In addition, this determination (based on the testimony of the accused, witnesses, other case materials) established the following circumstances:

The accident occurred in the dark, in conditions of ice (possibly snow), which was not processed by the MSS. Subzero temperature. No tire grip measurements were taken at the scene. On this section of the road (federal highway) there were no permanent or temporary signs limiting traffic and / or speed. Vehicle speed VAZ 21063 M 139 AA 01 before the occurrence of a skid was 40 km / h. No braking or maneuvering was undertaken by the driver immediately prior to a skid.

However, already another expert-auto technician gives a second conclusion about the violation by the driver of the traffic rules p. And 10.1 and at a speed of 40 km / h. From his conclusions, it follows that, taking into account road conditions, in particular, with a coefficient of adhesion of tires to the road surface corresponding to ice or snow rolling (when calculating, the coefficient of adhesion of tires to the road surface was 0.2), a skid could also occur at a speed of 40 km / h.

Is such an expert opinion on traffic violations sufficient to find the driver guilty? As today's court practice shows, yes. The expert's conclusion about the violation by the driver of traffic rules is actually perceived by the judge as a "scientific verdict".

However, there is also the opposite point of view, based on the analysis of legislation and common sense.
Yes, the expert's conclusion is a serious and weighty argument. However, the expert's conclusion, as one of the evidence, does not have priority over other evidence and is subject to assessment both in itself and along with other evidence in their totality.
Assessing the actions of the driver, the expert proceeds from the well-established expert practice of interpreting clause 10.1 of the traffic rules, from which it follows that since the driver lost control and an accident occurred, it means that he chose the wrong speed limit. From this it follows that any speed, if a skid occurred, was not safe. Meanwhile, the expert's opinion, as evidence, can only reflect the technical side of the issue. Those. the objective side of the corpus delicti (whether or not there was a traffic violation event from a technical point of view).
However, one cannot but pay attention to the following circumstances, which were not taken into account by experts when giving an opinion on the violation by the driver of the speed limit in case of ice (snow roll):

When giving an opinion on a driver's violation of traffic rules, experts do not take into account the provisions of the Federal Law "On Road Safety" (and the GOSTs adopted in accordance with it), which has greater legal force than the Traffic Rules approved by a government decree. The aforementioned federal law establishes the need to maintain roads and traffic conditions in accordance with safety requirements.

IN article 3 of the Law RF dated 10.12.95 "On road safety"(hereinafter FZ) as the basic principle of ensuring road safety is established priority of state responsibility for ensuring road safety over the responsibility of citizens participating in road traffic
Article 5 of the specified Federal Law, as one of the main directions of ensuring road safety, the implementation of state supervision and control over the implementation of the legislation of the Russian Federation, rules, standards, technical standards and other regulatory documents in the field of road safety.

Article 12 of the Federal Law it was established that the repair and maintenance of roads on the territory of the Russian Federation should ensure road safety. The responsibility for ensuring the compliance of the road condition during operation with the established rules, standards, technical regulations and other regulatory documents is assigned to the executive authority in charge of the roads.
Article 14 of the Federal Law refers to the right of authorized officials to restrict or stop traffic on roads in order to ensure road safety. IN article 24 of the Federal Law talks about the right of citizens to safe driving conditions on the roads of the Russian Federation.

State standard of the Russian Federation “Highways and streets. Requirements for the operational condition, permissible under the conditions of ensuring road safety ", approved by the decree of the State Standard of the Russian Federation of October 11, 1993, put into effect on July 1, 1994 and valid to this day. Paragraph 3.1.4 of this standard states: “The coefficient of adhesion of the surface must ensure safe driving conditions with the speed permitted by the Road Traffic Regulations and be at least 0.4 when measured by a tire with a tread pattern. Clause 1 of this standard states: “The requirements established by the standard must be met by organizations in charge of motor roads, as well as streets and roads of cities and other settlements. In the event that the operational condition of roads and streets does not meet the requirements of this standard, temporary restrictions must be introduced on them to ensure traffic safety, up to a complete prohibition of traffic. "
In accordance with clause 15 of the Procedure for temporary restrictions on the movement of vehicles on public highways of federal significance (approved by Order of the Ministry of Transport of Russia dated April 10, 2007 No. 41), in case of ice on the road surface, a temporary restriction of traffic may be introduced by installing road signs and additional signs information.

As can be seen from the circumstances of this case, established by the court, the road surface had untreated PSS (sand-salt mixture) ice (or snow roll).
The consequence did not establish the coefficient of adhesion of the wheels of the car to the road surface at the time of the accident (although technically it is not difficult if there is an appropriate device). At the same time, an expert, when researching on the basis of special literature, takes the adhesion coefficient for untreated PSS ice of 0.2.
Consequently, when determining the possibility of a skid at a given speed (40 km / h), an expert takes a coefficient of adhesion (0.2) that does not meet the road safety requirements. At the same time, it is concluded that the driver violated the traffic rules.
Meanwhile, since the coefficient of adhesion is used as a variable unit in the calculations, when it changes, the result of inequality changes, on which, as can be seen from the study, the answer to the question of whether the speed meets safety requirements depends.
Consequently, in order to fully and comprehensively study the materials of the case to resolve the issue of the guilt of the defendant, it is necessary to receive an answer about the compliance of the speed of 40 km / h with road conditions in two versions: with ice and with a minimum adhesion coefficient of 0.4.
To answer this question, you can get an additional expert opinion, however, having a calculation formula (from the research part of the examination), it is easy to calculate yourself that with a minimum adhesion coefficient of 0.4, the occurrence of a skid during straight-line movement and a speed of 40 km / h - it would be technically impossible.
In addition, you can appoint a road technical expertise to determine the compliance of the road surface condition at the time of the accident with the road safety requirements. Although even without the appointment of an examination, it is clear that in case of untreated ice or snow run-up, the road surface in any case does not meet the safety requirements for the coefficient of adhesion. (The defense in this case motivatedly petitioned for the appointment of an additional auto-technical and road transport examination, but the court refused to satisfy the petitions).

Meanwhile, it is obvious that, despite the obvious discrepancy between the state of the road surface and road safety requirements, traffic on this section of the federal road was not prohibited or restricted, there were no temporary warning signs limiting, at least, the speed of movement.
At the same time, it follows from the text of the Federal Law and GOST: these conditions must be observed by officials, not by drivers. The legislator establishes the priority of the responsibility of the state over the responsibility of citizens for safe traffic conditions. Thus, the responsibility of the driver for violation of traffic rules, including paragraph 10.1, can occur only if the state (relevant officials and organizations) ensures safe road traffic conditions. Since in the presence of untreated ice (as well as snow rolling) one of the conditions for safe movement - traction (0.2) - is below the minimum level established by GOST (0.4), the responsibility for this cannot be shifted to the driver. Moreover, GOST has established that the clutch must ensure safe movement with the speed allowed by the rules... Since there are no restrictions on the disputed section of the federal highway, the permitted speed is 90 km / h. The defendant was moving at a speed of 40 km / h, i.e. he took all reasonable safety measures, since this is not a country road, but a four-lane federal highway, where traffic at such a speed must a priori be safe, despite the weather conditions. Otherwise, in accordance with federal law, traffic must be stopped or limited.
Taking into account the above circumstances, in order to conclude that the accused has violated speed limits, the indictment must already contain information about the permitted speed on this section of the motorway and data on the presence or absence of permanent or temporary signs restricting movement or speed (in the absence of such data in the indictment documents, their establishment by the court in the conviction would be a violation of the provisions of Article 252 of the Criminal Procedure Code of the Russian Federation on the limits of the trial). (Today, in contrast to the moment of consideration of the present case, this position is confirmed by judicial practice (supervisory determination of the RF Armed Forces of May 11, 2006 No. 31 - D 06 - 5).

The above circumstances are not taken into account by experts when giving an opinion on the violation of traffic rules.
Meanwhile, the expert cannot establish the subjective side of the event (the driver's guilt) and has no right. It establishes only the objective (technical) side of traffic violations.
The subjective side, i.e. guilt (attitude towards the violation, expressed in criminal negligence or arrogance) of the driver in violation of traffic rules is established on the basis of the totality of all the evidence, and must be specified already in the decision to bring charges and further - in the verdict. That is, it should follow from the text of the charge that the driver did not just violate a certain point of the rules, but has wrongfully violated, by gross negligence, or by showing criminal arrogance(Article 171, part 2, paragraph 4, Article 73, part 1, paragraph 2 of the Criminal Procedure Code of the Russian Federation). For example: “moving at a speed of ... km / h on a section of the road where the speed limit is set no more than ... km / h (or at a certain speed exceeding the safe one, taking into account road conditions), knowinglythat exceeding the speed limit can lead to socially dangerous consequences, but arrogantly hoped to prevent them (or did not think that this could lead to such consequences, although according to the circumstances of the case could and should was to anticipate their coming).
However, in the indictment documents in this case (as in most similar cases), the subjective side of the corpus delicti was not reflected.

Meanwhile, driving on the federal highway at a speed of 40 km / h in the absence of permanent or temporary signs prohibiting or restricting movement (or indicating a safe speed) or warning of danger is not a priori dangerous, since under such circumstances the proper condition of the road surface is assumed (including a proper adhesion coefficient of at least 0.4).
Thus, the driver under the given circumstances could not and should notwas to foresee the onset of socially dangerous consequences, and therefore - innocent.

You are probably wondering how the real criminal case against citizen K. ended. As is often the case, the long and uncompromising judicial investigation (and the case was heard by the district court for more than a year, the judicial investigation was resumed after the debate 3 times, 2 forensic examinations were appointed, back in the petition to conduct 2 examinations was refused, the prosecutor and the victims insisted on the long-term deprivation of the defendant's liberty, the defense side - on his acquittal) ended in a completely "compromise" conviction with a suspended sentence. None of the parties, including myself (according to the written statement of the principal, whom the verdict was fully satisfied with) appealed the verdict. As much as I, for reasons of principle, would like to bring this case to its logical conclusion, the client's will is the law for a lawyer.
Meanwhile, the situation of an accident described in the article is quite standard in its plot. Provisional punishment in cases of road traffic accidents under the described circumstances is not always assigned. I hope that some of my colleagues, when defending a principal in a similar situation, will use my experience and bring the matter to a logical conclusion in the interests of their client.

Lawyer, head of AK No. 1 SKKA of Nevinnomyssk, member of the qualification commission of the Presidential Administration of SK Trubetskoy Nikita Aleksandrovich

Often you can get into such a situation on the road when you simply have to break the traffic rules. In such a situation, only one person can be blamed, although it would be necessary to understand the true reason for his act, because you can become a participant in an accident completely by accident. The fault of road services in road accidents is also quite common, but it is sometimes difficult to prove this.

Each road accident that occurred with the participation of a vehicle due to failure to fulfill the responsibilities assigned to the organization, which is responsible for the high-quality and safe condition of the roads, must be recorded without fail. First of all, this must be done, as required by law. If the victim does not react to the situation, he may not count on any compensation for damage.

Documenting a traffic accident in which only the road services are to blame is somewhat different from the general rules that apply when cars collide. It should be assumed that in this situation there may be several participants in the events, but most often it is one person.

At the scene of the accident, the picture usually looks like this: a damaged car is located on an emergency-dangerous piece of road. If the driver of this vehicle has not noticed any serious consequences, then, as a rule, he does not want to seek justice and simply goes further on his business. Without realizing it, the person driving becomes in some way an offender, because in fact, he left the scene of the accident and thereby violated clause 2.5 of the RF Traffic Rules.And for this, liability is provided in the form of administrative arrest for a period of 15 days or deprivation of rights for up to 1.5 years.

If as a result of an accident due to the fault of the road services, the motorist was injured, or there was a threat to his life, not counting the large material damage, then it is simply necessary to register the moment of the onset of an emergency in a legal manner. Surely no one has extra money to repair a car that was damaged due to the fault of road services at their own expense. Thus, in case of any road accident, it is worth calling the police officers, only if this is not an exception that can be issued according to the Europrotocol.

Situations are different, but even traffic police officers can defend their colleagues and say that everything is only your fault. As an example, a safe speed was not chosen, which should be adhered to on this section of the road, the rule under paragraph 10.1 of the RF SDA was violated. If there were no witnesses to the situation and other victims, then the traffic police will try to close this case as soon as possible, that is, they will draw up a document about the accident that happened and immediately issue a decision to terminate the proceedings regarding the fault of the participant in the accident. Thus, the driver will not demand anything, no compensation will follow, because there is no legal basis for that. If as a result of an accident there was a threat to health or human life, then the culprit of the accident may be held accountable, both administrative and criminal. In any case, few people want to be responsible for the mistakes of road workers.

We can say that motorists who have been involved in an accident due to the fault of road services have only two options for resolving this situation: either to take responsibility for what is happening on their own, or to demand that the road organization be responsible for their "punctures" and recover compensation from it for the entire damage incurred. Most people will make the right choice for sure.

Regulatory framework and fixing traces

If an accident happened due to the fault of the road services, the pit turned out to be a deep rumor on the road, then the car owner has the right to fix the incident and demand compensation from the state for the poor performance of duties by the road maintenance service. For example, a driver can simply puncture the wheels and fly into a ditch, and this is due to a simple pothole. The same story can happen in winter, when it is especially dangerous on the roads and you should carefully look for an uncleared snow pile on the road lane. In all such situations, where the fault of the road services is proven, they must bear responsibility and pay the amount of damage in full. Any of the organizations that carry out road works, or near the road, can be held accountable. The same applies to traffic police officers. To get your money spent on car repairs, you need to competently approach this issue.

According to the current legislation of the Russian Federation, road maintenance services are responsible for the damaged carriageway, which are obliged to monitor the condition of the road surface, carry out its reconstruction in accordance with the agreement signed with the local authorities.

In ch. 28 of the Tax Code of the Russian Federation "Transport tax" spelled out legislative norms, according to which every car owner must pay transport tax in favor of the state. In this case, if taxpayers' money is spent on improving the road surface and building new roads, then every motorist has the right to a high-quality asphalt road section.

In Art. 28 of the Federal Law of the Russian Federation provides for the responsibility of road services to drivers who have suffered as a result of poor-quality performance of their duties. Especially do not lose sight of the situation when harm is caused to human health. Overhaul of the road surface must be carried out in a timely manner and the driver is not to blame for what happened, for example, in the winter period of an accident due to the fault of road services, the snow porridge was not removed.

There are certain requirements for the condition of the road surface, which are taken into account by GOST R50597-93. The road must be marked with special signs, it must be illuminated by signal lights in times of poor visibility. According to the rules, a road pit can be of such parameters - 60/15/5, where the width, length and depth are respectively indicated in centimeters. If irregularities exceed standard norms, then they should be fenced with reflective barriers, and a special sign should be installed nearby.

Important! According to GOST, the road service has 5-10 days to eliminate road pits. On the federal highway, road services must remove potholes within no more than 5 days. Any deviation from the requirements entails legal liability.

After an accident occurred due to the fault of road services, ice became the cause or an open hatch, you should immediately call the traffic police, take photos and videos of what is happening, invite witnesses to participate in your case or eyewitnesses of the accident. It is imperative to wait for the arrival of the guardians of the law in order to fill out the procedural documents and start the proceedings.

How to properly register an accident that occurred through the fault of road services?

A person who got into an accident due to poor performance of their duties by a road service should know that in order to bring its leadership to justice, it is necessary to collect evidence of guilt. As a rule, the following documents can be a source of evidence:

• protocol of inspection of the road accident site;
• accident site diagram;
• an act of survey of conditions in a specific area of \u200b\u200bthe area
• recorded testimony, as well as information about the participants in the accident;
• offense protocol;
• resolution on administrative punishment.

If we consider each document involved in the case, then the protocol of the inspection of the scene of the accident is a document that is drawn up on a special form by an authorized person in the presence of the driver and eyewitnesses of the accident. In it you can read information about measurements on the road section, if we are talking about pits and potholes, about the general situation on the road. Available photo evidence from the accident site should be attached to the protocol.

The accident site diagram is drawn up on a special form. It can be drawn up at the accident site only by officials. In fact, this is a graphical display of the road situation on the ground with a sketch of the location of other vehicles relative to the injured. It should also be noted that traces and third-party objects that are related to what is happening can be applied to the diagram.

In each accident, it is necessary to fill out a Road Conditions Survey Report. Traffic police officers deal with it only if there is a fault of the road service. By the way, a representative of the organization responsible for road safety must also be present. The Federal Road Service of the Russian Federation has an approved procedure for filling out this document, which can be read in the "Rules for the accounting and analysis of accidents on highways in the Russian Federation."

The road conditions survey report is primarily required to determine the characteristics of the road conditions at the time of the accident. It is considered to be the main proof that the bad road caused the accident. Employees of the traffic police and a representative of the road service must display their data in the document. If a representative cannot be present at the time of registration of documents by law enforcement officers, then a repeated inspection of the area must be carried out no later than 24 hours later. It is important not to forget that if an accident occurred due to the fault of road services in ice, then judicial practice provides for the consideration of the case from all sides. Testimony of eyewitnesses, the victim and other road users will be required. All witness statements must be recorded personally by each participant in this legal proceeding. Of course, it would be more prudent in this situation to contact a lawyer.

According to Art. 12.34 KRF about the accident, a protocol must be drawn up regarding those officials, through whose fault the accident occurred. After all, it is the road service management who must control the safe operation of highways. After consideration of the protocol in court, a decision is made. The authority in this situation to legally consider the case is also vested in the chiefs and their deputies in the traffic police units. The decree should take effect after 10 days. It can be appealed. The victim must receive a copy of the decision in the case of an accident caused by road services.

Accident in ice, are road services to blame?

Ice can be called a seasonal disaster for motorists. But here, too, everything depends on the situation, because an accident could have occurred with the participation of two motorists who simply exceeded the speed on the road section and braking on the ice occurred with a delay. In this case, only the drivers are responsible. The traffic police inspectors will hastily decide on the fault of one or more road users. It will be difficult to challenge him.

What prevents drivers from safely leaving if the road is flat and visibility is good? It is clear who is to blame for this situation, but if one car drove into a traffic light, and another followed his example, and then pushed the previous one, then you should understand. The traffic rules say that the motorist must be careful and, depending on the meteorological conditions, adhere to the speed limit in accordance with road limits. But if this story is the fault of the road service, then it must be proven. The court will need mandatory confirmation that this section of the road caused an accident. Of course, you shouldn't blame anyone for the fact that the road was covered with snow in 5 minutes and no one removed it. It's a completely different story if the snowballs have been lying for several hours or days, and no one removes them. Although in this situation it is difficult to prove anything in court, even to an experienced lawyer. To minimize the likelihood of getting into an accident in winter, you need to stock up on winter tires in time and be more careful on the roads.

In some situations, the guilt of road workers is simply obvious. For example, road works are underway on an icy area, but no one has taken care of the safety of the drivers, there is no fence in this area. While drivers can still understand what is happening during the day, it will not be easy to brake on ice at night. If there is a collision of a vehicle with a post, for example, then an accident caused by road services can be proved. It is only necessary to record the shortcomings of road service workers on a photo or video camera.

For example, a case is now being considered in the Novosibirsk court, where the driver lost control of the icy section of the road where repair work was carried out, but there were no barriers. During the incident, a relative of the driver was injured and the bride died as a result of injuries. Meanwhile, this new section of the road is still not equipped for safety requirements. Lawyers demand to admit that the car owner is innocent in this situation, and other people should be responsible for the incident. The lawyers filed a lawsuit against the territorial administration of highways. In this situation, ice can only be called an indirect cause of an accident, because the main one was in an inadequate condition of the road surface.

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So, it's winter outside and everything is covered with snow. However, the main danger on the road is not snow, but ice. This natural phenomenon can be a problem even for an experienced driver. This article will teach you how to deal with it.

Steps

Ice is very similar to regular ice. It is a thin crust of ice that remains after rainwater freezes or melted and then re-frozen snow, water or ice. This type of ice forms without the formation of air bubbles, which makes it almost invisible and allows it to blend into almost any surface. This feature makes the surfaces of roads, sidewalks and intersections especially dangerous in icy conditions.

Know where to expect icy conditions. It usually forms at an air temperature of about zero degrees Celsius. On a winter highway, it can also occur due to the heat of the tires, which melt snow at high speed and it immediately solidifies. Pay attention to weather conditions and traffic reports.

Know when to expect icy conditions. Ice is most often formed in the early morning and evening. During the daytime, the road surface is generally warmer and less prone to ice formation. However, remember that "less susceptible" does not mean that ice will not form there. Always be on your guard.

• Watch for signs that indicate icy conditions. If the car in front of you behaved unexpectedly and strangely, then it is quite possible that the ice was the reason.

1. Sometimes icy conditions can be seen with the naked eye. Since it is completely transparent, it can only be seen under special light conditions. It almost always looks like a smooth and shiny stretch of road. If earlier you were driving on completely black asphalt, and now there is a shiny spot ahead, then perhaps this is ice. Don't worry and follow further instructions.

   • This method is not suitable for night driving, but may well help in daylight.
   • If you don’t understand what “shiny” means, then imagine a freshly painted and polished body of your car - it looks like this.
   • You may not always be able to see ice on the road, but trying to do it is not a useless exercise. It will help you stay alert while driving. The main thing is to watch not only the road surface, but also the entire traffic situation.

2. Practice driving on slippery surfaces. If possible, practice driving on ice in a safe environment. You will need a spacious and empty parking lot with icy spots. Practice driving and braking on ice, learn to feel the behavior of your car. If you have ABS, then feel the car brake on ice with it. This practice can be both rewarding and fun!

   How to behave on ice. If you hit the ice, the most important thing is to stay calm. The main rule when hitting the ice is to make as little movement as possible and let the car overcome this place itself. Do not brake and keep the steering wheel straight. If you feel that the rear of the car has begun to skid to the right or left, then gently turn the steering wheel towards the skid. If you turn the steering wheel in the opposite direction, then you can skid and turn.

   Brake without pressing the brake pedal. Take your foot off the brake pedal and do not change the steering position. This way you can better control the car and avoid unnecessary damage.

   • Do not press on the brake. Otherwise, you will most likely get carried away. The point is to just drive through the icy area without losing control. It is usually no longer than 6 meters.

3. If you can, downshift. This will allow you to slow down and better control the vehicle.

   Find a spot with better grip. Although the ice is invisible, you can find a place where it will definitely not be. Try riding on snow, sand, etc.

   If you get carried away, don't panic. Black ice usually goes in sections, and pretty soon the car will again find adhesion to the road. Use the brake pedal as little as possible. But, if you have to, follow these tips:

   If you are pulling off the road, steer the car to avoid major damage. The ideal would be to drive into an empty field or drive into a soft snowdrift. Of course, you may not have much choice, but it's worth trying.

   After overcoming the ice, stay calm and don't panic, the worst is over. If you need to keep driving, drive very slowly. Warn other drivers about your low speed by activating the emergency light or flashing your headlights.

4. Get off the road. Continuing driving can be dangerous under these conditions. Stop at a roadside cafe for a hot drink. This will help you calm down and think about what to do next.

   • Very rarely, icy conditions lead to massive accidents. If you find yourself in such a situation, then you need to quickly choose: stay in the car (where you are relatively safe) or leave it (you can avoid further collisions, but you will be forced to be in the cold and risk being run over by another car, which ice). Assess your strength, weather and distance to the settlement. Make your choice based on this.

5. Prevent future encounters with icy conditions. There are several ways to minimize unexpected ice encounters on the road. Knowing how to behave on the ice remains paramount, but there are others:

   • If you have ABS installed, you should know what it looks like. By the way it came into action, you can recognize the possibility of a skid.
   • If the weather is prone to icy conditions, it is best to stay at home and not use your car.
   • Always avoid sudden movements when driving in winter. Attempting to quickly turn, pick up or decelerate speed can lead to loss of traction. Imagine there is an imaginary egg between your foot and the pedal. Press the pedal as if you are afraid to crush it. You will soon notice that you are driving more carefully.
   • Don't be distracted by your cell phone and radio. Concentrate only on the road.
   • Black ice can be a problem for pedestrians and cyclists. Always keep in mind that they can slip and get hit by your wheels.
   • Change to winter tires before temperatures drop below freezing. This is especially important for out-of-town trips where temperatures are lower and the roads are unfamiliar.

   Warnings

   • Never use cruise control in snowy weather.
   • SUVs, trucks and vans have a high center of gravity and are therefore very unstable. Skidding on an icy road can easily cause them to tip over.
   • It doesn't matter what kind of drive or rubber you have if there is no grip. Always be careful while driving.
   • If you are not sure which way to turn the steering wheel during a skid, then: "If you see that the front of the car turns to the right or left, then gently turn the steering wheel in the opposite direction" means the same as "If you feel that the back of the car skids, then gently turn the steering wheel towards the skid. "

The winter road has always been an ordeal for a driver of all skill levels. Sometimes such cases occur when neither the length of service, nor the presence of modern ABS systems in the car, etc. It is worth noting that such "bells and whistles" sometimes even help a lot. However, not everyone can afford a car equipped with the latest technology. So, first you need to understand some important nuances.

What drive does your car have?

Everyone knows the fact that, even in the most ordinary weather, it is recommended to accelerate very carefully when cornering on cars with rear drive wheels. In winter, when ice appears on the road, the owners of such cars (especially if they have no experience of driving in such conditions) are recommended to take a bus at all. If this does not make you optimistic, then you should be very careful. Ice does not tolerate mistakes. You need all your attentiveness. The most difficult thing is for owners of old cars, which are called "classics".

Advice! Five, Seven, Penny - all VAZs up to 2107 inclusive, have rear-wheel drive. It will be a little easier for the owners of foreigners (Mercedes, BMW or Audi), who still have ABS.

And you changed your shoes for the winter

There is a certain category of people who neglect the most important rule of winter driving: changing tires. Driving on summer tires on ice is akin to suicide. No, of course, many drivers have been doing this for years, because it is difficult to afford an extra set of tires, but this is an extreme measure. The owners of the all-season have a slightly more chance of a successful outcome.

However, we are talking about real winter tires. The option with spikes would be ideal. For example, the Bridgestone Ice Cruiser 7000. By shoeing your car in such tires, you will increase road stability several times. Without good tires, you can forget about driving on ice.

Do not forget about the main thing

Before leaving on the road, the car must be started and warmed up. This is especially true for those who do not have garages, and there are a lot of such drivers. Big problems can arise for owners of carbureted - older cars.

If you run out of battery, then this is probably the least of all troubles. Valiant neighbors and friends will always help you "pull" the car. Be sure to clear the car from snow, especially the rear window and mirrors. If you plan to drive infrequently, still try to start the car (warm it up) at least once every three days, otherwise in the summer it will remember all your grievances!

The body is on the rescue

In this case, the dimensions of the car and the type of body are of great importance. Whatever one may say, even the most unpretentious SUVs and even city SUVs with all-wheel drive will always be safer in winter, because it is very difficult to skid them. Next, there are sedans and station wagons (especially front-wheel drive), which cope with the task of the "four".

But hatchbacks in this regard give up a little position to their "brothers". Usually, these machines are much lighter and therefore lose control more often than others. However, an experienced driver is able to neutralize this drawback and even on Daewoo Matiz easily gets from point A to point B.

Tricks and nuances

Of course, those drivers who learned to drive in winter know how to drive well in conditions of increased "snowy" streets. The instructor will always tell you how best to act in a given situation. There are some general rules to remember:

Driven into a skid, what to do

The first thing to do right away is to remove the panic. This is not the best companion in extreme situations. Next, turn the steering wheel in the direction of sliding (this is the main and basic rule). Many instinctively turn the steering wheel in the opposite direction, which only leads to a worsening of the situation. What's next? We give gas. You cannot immediately start to slow down, this will only increase the skid. Press the accelerator pedal as smoothly as possible. If you do everything correctly, the car will level out and then you can already start to slow down and slow down to catch your breath. It is worth making a reservation right away: this technique is valid for front-wheel drive cars.

With rear-wheel drive, the set of measures is slightly different. After turning the steering wheel towards the skid, do not press the gas pedal. Correct the course of the vehicle using the steering wheel, always putting the wheels in the right position, parallel to the skid. Do not apply the brake under any circumstances.

For all-wheel drive cars and jeeps, there is practically no special separate algorithm. Therefore, you can follow the course of action to get the front-wheel drive car out of the skid, with the only difference that the gas is added very carefully, gradually increasing the engine speed.

One of the options for leveling the car is to change the gas intensity. To do this, you need to turn on an overdrive and then a downshift with growing turns. Such manipulations will allow the car to gradually lose speed.

Important! Correct steering is the key to success. This is especially true for rear wheel drive cars.

Be very vigilant at traffic lights. Do not rush to take off. At best, your wheels will skid. Do not forget that the person in front of you may simply get stuck. You should not get angry and swear at this. The winter road applies equally to everyone.

For cars with an automatic transmission, things are more complicated. However, the hand brake can come to the rescue. Sometimes he can save in case of wrong entry into a turn. However, such recommended only for experienced drivers.

In general, following all the recommendations exactly, riding in winter will not give you any trouble. The main thing is to remember the basic rules of behavior: distance, reduced speed limit, as well as timely re-shoeing of the car. For more confidence, practice skidding in a deserted area. This is recommended for all beginners who are going to regularly use their own car in a cold period.