THE CONCEPT AND MECHANISM OF THE ACCIDENT

As a rule, road accidents occur as a result of violation of traffic rules by drivers, pedestrians, passengers, cyclists, as well as as a result of gross violations of rules of technical operation and improper control over the condition of roads and traffic regulation.

Violations of traffic rules by drivers most often consist of: exceeding the safe speed during maneuvers (turning, overtaking, etc.), getting on a section of road with worse characteristics; aggravation of the road situation; non-compliance with the order of passage of intersections; failure to issue a warning signal; incorrect calculation of the minimum way to stop traffic at different speeds and condition of the road surface; ignoring traffic lights, road signs and signs, road marking requirements; failure to observe a safe distance; sudden departure from its range of traffic and blinding headlights; parking on the roadway without lights; violation of the rules of passenger transportation; intoxicated state of the driver, his work, exceeding the allowable time limits, after which there is fatigue and others.

Violations of traffic rules by pedestrians are usually expressed in: the sudden appearance of a pedestrian, a sudden exit from a vehicle moving in the opposite or opposite direction; unpredictable behavior of a pedestrian, in which the driver is mistakenly sure of mutual contact with the pedestrian; access to the roadway in a place where it is forbidden; sudden exit from the unlit area of ​​the road and others.

According to the Civil Protection Code of 2012, a traffic accident is an event that occurred during the movement of a road vehicle, as a result of which people died or were injured or property was damaged. The level of emergency in case of a traffic accident is determined in accordance with the Procedure for classification of emergencies of man-made and natural nature, approved by the Cabinet of Ministers of Ukraine.

According to statistics, in 2018, more than 153 thousand road accidents were recorded in Ukraine, ie almost 420 cases daily. A traffic accident can be imagined as a dynamic process, a certain interaction of its constituent elements: road users (usually drivers and pedestrians), a complex technical system (motor vehicle), information system and road situation.

In this case, the mechanism of a traffic accident means a set of intermediate states and processes that form the consequences on the interacting objects in a materialized form, at the pre-accident, emergency and post-accident stages of the road accident.

In the forensic characterization of this crime, the leading element is the mechanism of the crime, not the method of its commission. The method of committing an accident, which has its own characteristics, often plays a subordinate role in relation to the mechanism and other elements of the forensic characteristics of the accident.

The method of accident as an independent element of forensic characteristics due to the uniqueness of this type of crime is often considered from the standpoint of behavior in the pre-emergency situation, a way to prevent and prevent the occurrence of harmful consequences or reduce their severity.

So, consider in more detail the mechanism of the accident. Given the above, the mechanism of the accident can include such elements as:

• the person of the driver (qualification and experience, state of health, time behind the wheel, etc.);
• vehicle (technical condition);
• road (condition of the road surface, relief, slope, elevation, presence or absence of road signs, etc.);
• environment (various obstacles, creatures, weather conditions, visibility, etc.).

In an accident we can distinguish three phases:

• initial. Represents a set of pre-emergency conditions of movement of the vehicle, etc. objects that precede a dangerous situation. Under such conditions, road users can and should take immediate precautionary measures;
• culminating. Occurs if no precautionary measures have been taken during the initial phase. During this phase there is a convergence of the vehicle, etc. object to each other. The situation is transformed from dangerous to emergency. This phase is characterized by rapid developments and occurs on a section of road of insignificant length;
• final. In most cases, it coincides in time with the cessation of movement of the vehicle.

Depending on the mechanism of the accident, we can distinguish such types as: collision, overturning, collision with a stationary vehicle or obstacle, collision with a pedestrian, collision with a cyclist, collision with a truck, collision with animals, etc.