Questions about the trial court for traffic cases.

1. In the court where the crime occurred or the court where the defendant is located.

2. Ordinary traffic accidents are within the scope of the insurance company's claims, and the insurance company takes the money, (provided that the other party is fully responsible), so the other party does not need to set the relationship. If a major traffic accident is beyond the scope of insurance claims, the court will support the claim for damages appropriately according to the actual situation, as long as it is reasonable. If the other party does not pay compensation, it will apply for compulsory enforcement.

3. The lawyer's fees are basically taken by themselves, and the prosecution fees are borne by the losing party. The lawyer's fee in Liaoning is between 2,000 and 3,000 yuan, and the subject fee is 5% to 7% of the defendant's compensation.

Hope it helps.

For general traffic accidents, I suggest that you do not go to court, and it will take a long time and procedures to deal with them. In the end, if the court betrays you and wins, and the other party does not give you financial compensation, you will still lose the result. You can negotiate with the other party after dividing the responsibilities through the traffic management department (note that it is a consultation), and assume financial responsibility according to the size of the responsibility.

The other party's vehicle is fully insured, and the insurance company can assume his financial responsibility.

There is always the party at fault for the occurrence of traffic accidents. or the other party has a big responsibility, and you have a small responsibility; or you are equally responsible; Or which of you is fully responsible, these are determined by the traffic police based on the investigation of the scene of the traffic accident. Therefore, when you can't negotiate, you can find the traffic management department to coordinate with you.

1. Is the Traffic Court a court?

1. The traffic court is the court. The traffic court is a dispatched organ of the people's court and is a department of the people's court. The Traffic Court is a one-stop road traffic court that integrates traffic accident handling, litigation and insurance claims, which will enable traffic accident victims to get accident compensation faster.

2. Legal basis: Article 73 of the Road Traffic Safety Law of the People's Republic of China.

The traffic management department of the public security organ shall, on the basis of the traffic accident scene inquest, inspection, investigation and relevant inspection and appraisal conclusions, make a traffic accident identification document in a timely manner as evidence for handling the traffic accident. The identification document of the funnel of the traffic accident shall state the basic facts, causes and responsibilities of the parties in the traffic accident, and serve them on the parties.

Article 110.

If the traffic police officer performing his duties believes that the road traffic offender should be given the penalty of temporarily withholding or revoking the driver's license of the motor vehicle, he may first detain the driver's license of the motor vehicle and transfer the case to the traffic management department of the public security organ for handling within 24 hours.

Road traffic offenders shall be dealt with within 15 days at the traffic management department of the public security organ. If the company fails to accept the treatment within the time limit without a legitimate reason, the motor vehicle driver's license shall be revoked.

If the traffic management department of the public security organ temporarily detains or revows the driver's license of a motor vehicle, it shall issue an administrative penalty decision.

2. What is the place of jurisdiction of the court for traffic accidents?

When the place where the accident occurred is not the same place as the defendant's domicile, the traffic accident damage compensation case can be under the jurisdiction of two courts, one is the court where the traffic accident occurred and the other is the court where the defendant is domiciled. The people's court at the place where the infringement occurred or where the defendant is domiciled has jurisdiction over litigation arising from infringement.

Legal Analysis: Traffic Accident Litigation Process:

1. Case filing stage.

First of all, if the victim submits a civil complaint and evidence of the collapse to the court with jurisdiction as the plaintiff, and the materials are complete, the court accepts and examines it, and finds that the conditions for filing a lawsuit are met, and the case will generally be filed within 7 days, and the parties will be notified at the same time. where the case cannot be filed, explain the reasons, and where supplementary materials are needed, notify and supplement them.

2. Pre-trial preparation stage.

The court will serve the defendant with a copy of the civil complaint, a notice to respond and the plaintiff's evidentiary materials within 5 days from the date of filing the case, and the defendant will submit a reply within 15 days after receiving the civil complaint, and the court will serve it on the plaintiff after receiving the reply. Some courts will serve a notice of presentation of evidence on both parties after the case is filed, and in this case, evidence should be presented in a timely manner according to the requirements of the notice. Where evidence cannot be provided for objective reasons, an application for an extension of time to present evidence shall be submitted.

3. **Trial stage.

** When the source is not, the secretary ascertains the situation of appearing in court, announces the court discipline, and the presiding judge checks the situation of the parties, announces the cause of action, the list of adjudicators and clerks, informs the procedural rights and obligations, and asks whether to apply for recusal. Subsequently, the plaintiff's statement, the defendant's defense, the witnesses testify, the presentation of documentary evidence, physical evidence, the reading of the appraisal conclusion, the reading of the inquest record, etc., the adjudicators ask questions, ask each other, and finally enter the courtroom debate session, where the parties debate with each other, and the presiding judge asks the final opinions of the parties, and the trial ends.

4. Referee stage.

After the case is heard, the adjudicators will deliberate on the case and make a judgment based on the circumstances of the trial and the evidence provided by all parties. Subsequently, the judgment document is served, and any party who is dissatisfied may appeal, and the appeal period for dissatisfaction with the judgment is 15 days, and the appeal period for dissatisfaction with the ruling is 10 days. If the appeal is waived, the appeal period will expire and the judgment will take effect.

Legal basis: Article 3 of the Civil Procedure Law of the People's Republic of China: The provisions of this Law apply to people's courts accepting civil lawsuits brought by citizens, legal persons, and other organizations, as well as between them on the basis of property and personal relationships.

Legal Analysis: The Jiaotong Court is a dispatched organ of the people's court and is a department of the people's court.

Legal basis: Article 101 of the Road Traffic Safety Law of the People's Republic of China Article 101 If a major traffic accident occurs in violation of the provisions of the laws and regulations on road traffic safety, which constitutes a crime, criminal responsibility shall be investigated in accordance with the law, and the motor vehicle driver's license shall be revoked by the traffic management department of the public security organ. If a person escapes after causing a traffic accident, the traffic management department of the public security organ shall revoke the motor vehicle driver's license, and shall not re-obtain the motor vehicle driver's license for life.