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No matter how this problem is divided, you must first have a positive attitude to save people first, people-oriented, and your car should be fully insured, and your hand speed is complete, so no matter how the responsibility is divided, you will not have too much loss. Another point is that from the situation you described, you are driving normally on the main road, and the other party's motorcycle enters the main road from the auxiliary road and arrives, and then there is a traffic accident. From these descriptions, both parties should be responsible, and you just have to wait for the traffic police to punish this person for the accident.
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This traffic accident depends on the responsibility of the traffic police force, so that both parties are generally responsible, as long as their car is fully insured, their losses will be less!
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The scene of the accident is not well described. The traffic law has abolished the provisions of branch roads to give way to trunk roads, according to your description, it is likely that the other party is fully responsible for retrograde, but the specific responsibility is determined because your description is too simple, so the traffic police need to determine it according to the evidence at the scene.
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He's fully responsible, and it's okay if you take a little responsibility.
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At present, there are many traffic accidents, and when a traffic accident occurs, the first thing that comes to mind is to call the police. After calling the police, the traffic police only do one thing in the whole process, that is, to find out the facts of the accident and divide the responsibility for the accident. The division of traffic accident liability is divided into five situations: full liability, primary liability, equal liability, secondary liability, and no liability.
The liability corresponds to (between motor vehicles and motor vehicles) and 0. In the case of a traffic accident involving a motor vehicle and a non-motor vehicle, the liability of the motor vehicle is aggravated10 (no liability is not aggravated). There is also a situation where the traffic police cannot determine responsibility.
Then the liability for compensation is 50% between motor vehicles and motor vehicles, and 100% between motor vehicles and non-motor vehicles. The principle of determining responsibility for traffic accidents in China is to apply the principle of fault liability. If one party is at fault, the other party is not at fault, and the party at fault is fully responsible; Both parties are at fault, and the responsibilities are differentiated according to the degree of fault of both parties; Both parties are not at fault, it is a traffic accident, and neither party is liable (the liability for compensation is determined by the court).
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Traffic responsibilities are divided as follows:
1. If a road traffic accident is caused by the fault of one party, it shall bear full responsibility;
2. If a road traffic accident occurs due to the fault of two or more parties, the primary responsibility, equal responsibility and secondary responsibility shall be borne 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.
How to go through the traffic accident compensation process.
The traffic accident compensation process is as follows:
1. On-site investigation by the transportation department;
2. The traffic department shall determine the responsibility for traffic accidents;
3. The transportation department organizes compensation mediation;
4. Compensation shall be made for the successful mediation of the consumption, and if the mediation fails, the lawsuit shall be filed with the people's court, and the court shall make a judgment according to law.
Legal basis: Article 60 of the Provisions on Procedures for Handling Road Traffic Accidents.
The traffic management department of the public security organ shall determine the responsibility of the party according to the role of the party's behavior in the occurrence of road traffic accidents 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 traffic accident on a road section, the other party is not liable.
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After the traffic accident is reported to the police, everyone is most concerned about how the traffic management department of the public security organ will divide the responsibility for the traffic accident, because this division of responsibility is closely related to the later compensation, so what are the categories of traffic accident responsibility divided by the traffic management department? Today, I will share with you the most common traffic accidents between the two sides in real life: First, one party is not responsible and the other party is fully responsible.
In this case, one party is not obviously at fault, but on the other hand, the fault is more serious, in which case the fully responsible party shall bear all the compensation. Second, one party is primarily responsible and the other is secondary. In this case, both parties are at fault, but it is obvious that the fault of one party is relatively minor and the fault of the other party is more serious, in this case, both parties shall bear the compensation proportionately.
Third, both parties are equally responsible. In this case, generally both parties are at fault, and the degree of fault is almost the same, then both parties shall bear half of the compensation in the later stage. Fourth, responsibilities cannot be divided.
This situation is relatively rare, generally the traffic management department of Donghuai Nai after investigation, inspection still can not restore the accident situation, can not judge the fault of both parties, so there is no way to divide the responsibility. Legal basis: ?Article 46 of the "Provisions on Procedures for Handling Road Traffic Accidents" stipulates that for road traffic accidents, the liability of the parties involved shall be determined according to the role played by the actions of the parties in the occurrence of the accident and the severity of the fault.
As for the criteria for determining liability for traffic accidents, the author summarizes them as the criteria for determining the facts of traffic accidents.
Yes Advances and recoveries.
Article 9 If the insured motor vehicle has a traffic accident under one of the circumstances of (1) to (4) of this article, causing the victim to be injured and needs to be rescued, the insurer shall verify in accordance with the guidelines for clinical diagnosis and treatment of traffic accident personnel and the national basic medical insurance standards after receiving the written notice of the traffic management department of the public security organ and the list of rescue expenses issued by the medical institution. For the rescue expenses that meet the regulations, the insurer shall pay in advance within the compensation limit for medical expenses. If the insured is not liable in the traffic accident, the insurer shall pay in advance within the compensation limit for medical expenses without liability.
For other losses and expenses, the insurer is not responsible for advance payment and compensation.
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The Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China stipulate that "the traffic management department of the public security organ shall determine the coarse slag liability of the parties according to the role played by the parties involved in the traffic accident and the severity of the fault", and the legal obligations of all parties involved in the accident must be confirmed in accordance with the law; the priority of the legal obligations of the parties in accordance with the law; Confirm the role of the actions of the parties in the traffic accident and the severity of the fault; Different traffic accident liabilities are recognized according to the role of the actions of the parties in the traffic accident and the severity of the fault. The determination of traffic accidents should grasp the principles of behavioral responsibility, causality, right of way and safety.
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According to the Mayin scene ** provided by you, it is the responsibility of the black car, because the red car is going straight, the black car is turning right, and the right-turning vehicle should let the vehicle go straight.
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**Can't be sure whose responsibility it is, if it's a black car that slips only forcibly changing lanes, the responsibility must be a black car, depending on the situation at the scene, not far ahead is the intersection, so **will call** or the on-board dash cam to check the letter Lu Pei certificate, in order to determine
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Traffic accidents, it is recommended to report directly to the traffic police to deal with it, so look at **, it is not clear which party is responsible And there is no point here.
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This needs to be judged by the traffic police on the spot, and if there is a traffic accident, the traffic police will issue a certificate.
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The method of determining and dividing traffic accident liability: The traffic management department of the public security organ shall divide it according to the role of the party's behavior in the occurrence of the road traffic accident and the severity of the fault. If it is caused by the fault of one party, it shall bear full responsibility; Where two or more parties are at fault, they shall bear primary responsibility, equal responsibility, and secondary liability respectively; Neither party is at fault, and neither party is liable.
If one party intentionally acts, the other party is not liable.
Legal basis: Article 60 of the Provisions on Procedures for Handling Road Traffic Accidents.
The traffic management department of the public security organ should determine the responsibility of the party according to the role of the party's behavior in 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 responsible.
If one party intentionally causes a road traffic accident, the other party is not liable.
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The responsibilities of the parties should be divided according to the role of the parties' actions in the occurrence of road traffic accidents and the severity of their faults. 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.
Article 60 of the Regulations on Procedures for Handling Road Traffic Accidents.
Provisions on the Procedures for Handling Road Traffic Accidents Article 60 The traffic management department of the public security department shall determine the responsibility of the parties according to the behavior of the parties in the occurrence of road traffic accidents 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 instructs the party to intentionally cause a road traffic accident, the other party is not liable.
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Summary. Traffic accident liability is usually divided into five levels: full liability, primary liability, equal liability, secondary liability, and no liability.
The division of traffic accident liability corresponds to each other, that is, the full responsibility corresponds to no liability, the primary responsibility corresponds to the secondary liability, and the same liability corresponds to the same responsibility.
Traffic accident liability is usually divided into five levels: full liability, primary liability, equal liability, secondary liability, and no liability quietly. The division of traffic accident liability corresponds to each other, that is, all responsibilities correspond to no liability, primary responsibilities correspond to secondary liabilities, and equal responsibilities correspond to the same types of responsibilities.
In the traffic post with no traffic lights and zebra crossings in the city, car A turns left from west to north, and car B goes straight to the south with a northbound model, in order to avoid collision due to improper operation, it imitates driving into the opposite lane, and the right rear collides with the front of car A and collides with vehicle C going straight from south to north. The right side of car C and the front of car A were badly damaged. Car B had no obvious signs of braking and deceleration, and it was suspected that it was speeding.
Car C is involved in the loss of service for the operation of taxis. How to divide the responsibility, I am a car, the three are complete, and there is no car damage!!
Turn and go straight, car A is fully responsible, there is no car damage insurance, and insurance also covers it.
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Legal analysis: The traffic management department of the public security organ shall determine the responsibility of the party according to the role of the party's behavior in the road traffic accident and the severity of the fault. 1. If a road traffic accident is caused by the fault of one party, it shall bear full responsibility; 2. If a road traffic accident occurs due to the fault of two or more parties, the primary responsibility, equal responsibility and secondary responsibility shall be borne respectively according to the effect of their actions on the accident and the severity of the fault; 3. All parties are not at fault for causing road traffic accidents, and if it is a traffic accident, all parties are not liable.
If one party intentionally causes a road traffic accident, the other party is not liable.
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, according to the inquest, inspection and investigation of the traffic accident scene and the relevant inspection and appraisal conclusions, make a traffic accident identification document in a timely manner as evidence for handling the traffic accident. The traffic accident determination document shall clearly state the basic facts of the traffic accident, the causes and the responsibilities of the parties, and serve them on the parties.
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The division of traffic responsibilities is as follows:
1. If the road dust and road traffic accident is caused by the fault of one party, it shall bear full responsibility;
2. If a road traffic accident occurs due to the fault of two or more parties, the primary responsibility, equal responsibility and secondary responsibility shall be borne 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, all parties are not responsible;
4. If one party intentionally causes a road traffic accident, the other party is not liable.
The specific ways to deal with traffic violations are as follows:
1. Motor vehicle violations first need to prepare the materials to the traffic management department to deal with the violation, and also need to take the confirmation to the bank to pay the fine.
2. Prepare materials:
1) If you are only photographed by an electronic eye, you can only take a driving license;
2) If it is a speeding violation, you must prepare a copy of the driving license, driver's license and each; If you are sticker, you must take the departure decision letter and driving license.
3. Go to the traffic management department. After preparing the materials, go to the traffic management department to check whether it is really a violation, take a look, and then fill in the confirmation form;
4. Pay a fine. Take the confirmation letter to the bank designated by the traffic management department to pay the fine, and go to any branch of the designated bank. Generally, you can do it at an ATM.
Legal basis: ?Article 53 of the Provisions on Procedures for Handling Road Traffic Safety Violations.
After receiving the notice of road traffic safety violations, the offender or the owner or manager of the motor vehicle shall promptly go to the traffic management department of the public security organ to accept the handling. Where the owner or manager of a motor vehicle hands over a motor vehicle to be driven by another person, it shall notify the driver of the motor vehicle to accept the disposition within the time limit provided for in article 20 of these Provisions.
Where the offender or the owner or manager of the motor vehicle is unable to accept the disposition within 30 days, they may apply for an extension of the disposition. The extension period shall not exceed a maximum of three months.
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