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In many people's understanding, a rear-end collision accident must be the sole responsibility of the car behind, but in some cases, the rear-end collision may be the responsibility of the car in front. Today we summarize several kinds of rear-end collision accidents to see under what circumstances a rear-end collision accident occurs, which requires the front car to be fully or partially responsible.
Scenario 1: U-turn.
When the vehicle is in a U-turn, is rear-ended by a straight-going vehicle or collides with an accident, you can refer to the provisions of Article 52 of the "Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China" that "the turning motor vehicle should give way to the vehicle going straight ahead", which is the principle of "turning and going straight", and in this case, the U-turn vehicle bears the responsibility for the accident.
Scenario 2: Pressing the line and stopping.
In the process of driving, if the front vehicle is driving on the line (whether it is a dotted line or a solid line) or in the process of emergency merging, and a rear-end collision occurs with the rear vehicle, the vehicle in front shall bear the responsibility for the accident. But there is a condition in this situation, that is, it must be in the process of driving the behavior of the front car pressing the line affects the normal driving of the rear car and rear-end collision, if the front car is waiting for a red light or traffic jam and stopped and has not moved, and the rear car rear-ended the front car at this time, then the rear car is still fully responsible.
Scenario 3: Deliberately creating a dangerous situation.
I believe that many netizens have seen the driving of the fighting car, in front of the driving of the fighting car often have emergency braking, emergency merging and other deliberate provocative behavior, in the process if the rear is provoked by the vehicle hit the front car, the rear car is not responsible, the responsibility for the accident by the provocative front car is responsible. What I want to remind everyone here is that after a rear-end accident, the rear car needs to show evidence that the front car has a vindictive car (such as **, etc.) before it can be determined, otherwise the police uncle will not listen to one side.
Scenario 4: Reversing, rolling, or "overtaking on the right side".
When you encounter a situation where the car in front of you is reversing or slipping, you should not rush to reverse and avoid. Because the rear-end collision accident in this case is generally caused by the car in front. There is also a situation where the car in front has the behavior of "overtaking on the right side" mentioned in the traffic regulations, and the car in front also needs to bear part of the responsibility.
About overtaking on the right: the car behind in the same lane, and the right lane, overtaking the car in front, and immediately returning to the original lane, this situation is "overtaking on the right", which is a violation. However, in these cases, you also need to have evidence to prove that it is the fault of the other party, such as the ** of the dash cam, etc.
Tip: In addition to the above common situations, the vehicle in front is also responsible for a rear-end accident in some specific situations. In the vast majority of cases, the rear car is solely responsible for the rear-end collision, because the traffic regulations clearly stipulate that "the vehicle needs to keep a sufficient distance".
Hope it helps, thank you!
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Legal analysis: The front car brakes sharply, causing the rear car to rear-end collision, because the rear car is too close to the car, which is the responsibility of the rear car. Compensation items for rear-end collision include:
Medical expenses, lost work expenses, hospital meal allowances, nursing expenses, living allowances for the disabled, expenses for disability appliances, funeral expenses, death compensation; Direct loss of dependents' living expenses, transportation expenses, accommodation expenses and property.
Legal basis: Road Traffic Safety Law of the People's Republic of China Article 72 After receiving the traffic accident report, the traffic management department of the public security organ shall immediately dispatch traffic police to the scene, first organize the rescue of the injured, and take measures to restore traffic as soon as possible. Traffic police shall conduct inquests and inspections at the scene of traffic accidents and collect evidence; The accident vehicle may be detained for the purpose of collecting evidence, but it shall be properly kept for verification.
For the physical and mental conditions of the parties and other professional examinations, the traffic management department of the public security organs shall entrust a special agency to conduct an appraisal. The evaluation conclusion shall be signed by the evaluator.
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The front car brakes suddenly, causing the rear car to rear-end, because the rear car is too close to the car, and the rear car is fully responsible.
Article 60 of the Provisions on Procedures for Handling Road Traffic Accidents shall determine the responsibility of the parties concerned in accordance with the role of the person responsible for the occurrence of the road traffic accident and the severity of the fault. (1) Where a road traffic accident is caused by the fault of one of the parties, full responsibility shall be borne by the party; (2) Where a road traffic accident occurs due to the fault of two or more parties, they shall bear primary responsibility, equal responsibility and secondary responsibility respectively according to the effect of their actions on the accident and the severity of the fault; (3) None of the parties is at fault for causing the road traffic accident, and if it is a traffic accident, none of the parties is liable. If one party intentionally causes a road traffic accident, the other party is not liable.
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1. Who is responsible for the rear-end collision caused by sudden braking at high speed.
1. The responsibility for the rear-end collision caused by sudden braking at high speed depends on the situation
1) After stopping on the highway, the vehicle is rear-ended, and the parking party is fully responsible. Parking on normal roads is very easy to cause rear-end accidents, especially on fast road sections and highways;
2) If you are forced to stop on the road due to a car breakdown, please place a warning triangle behind the car and turn on the double flashing lights. Otherwise, the responsibility for the rear-end collision of the car shall be borne by the parking party;
3) If the parking party is too long and does not set up obvious warning signs according to the regulations, the rear-end traffic accident is formed, and the parking party bears the secondary responsibility for the accident, and the rear car bears the main responsibility for the accident.
2. Legal basis: Article 43 of the Road Traffic Safety Law of the People's Republic of China.
For motor vehicles driving in the same lane, the vehicle behind should maintain a safe distance from the vehicle in front of it sufficient to take emergency braking measures. In any of the following circumstances, no overtaking is allowed:
1) The vehicle in front is making a left turn, making a U-turn, or overtaking;
2) There is a possibility of meeting the car with the oncoming car on the opposite side;
3) The vehicle in front is a police car, fire truck, ambulance, or engineering rescue vehicle performing an emergency mission;
4) There are no overtaking conditions for passing through railway crossings, intersections, narrow bridges, curves, steep slopes, tunnels, pedestrian crossings, and sections with large traffic flow in urban areas.
Second, what to pay attention to when driving on the highway.
1. When driving on the highway, you need to pay attention to the fact that before entering the highway, because you want to enter from the gate, you should pay attention to the vehicles coming from the left, and also pay attention to controlling the speed, and then enter the high-speed and accelerate forward after keeping a sufficient safety distance from the car in front.
2. Don't keep occupying the leftmost lane, because the left lane is prone to overtaking vehicles.
3. If you want to overtake on the highway, you must not overtake from the right, you should overtake from the left.
4. If you want to change lanes on the highway, you must observe the situation of the road, you can observe the vehicles in front of you through the rearview mirror, side view mirror, etc., and only after you have the conditions for changing lanes can you seep to change lanes.
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