Is the construction party liable for a traffic accident during road closure maintenance?

First of all, it is necessary to determine the responsibility for the accident. An accident certificate is required.

Secondly, the main calculation is the amount of compensation. Since the road is closed, how did the car run in, and since it has been closed, it is no longer a road but a construction site, and the construction site does not belong to the traffic road, but the compulsory traffic insurance should still be claimed.

1. Responsibilities of the construction party.

1.According to the Road Traffic Safety Act.

Article 32 The consent of the competent road department shall be obtained in advance for the occupation or excavation of roads, or the erection or addition of pipeline facilities across or across roads; If traffic safety is affected, the public security organs shall also be consulted.

Consent of the traffic management department. For construction roads that have not interrupted traffic, the traffic management department of the public security organ shall strengthen traffic safety supervision and inspection and maintain road traffic order.

2.Article 39 The traffic management department of the public security organ may, according to the specific situation of the road and traffic flow, be responsible for motor vehicles and non-motor vehicles.

Pedestrians take measures such as diversion, restriction and prohibition of traffic. In the event of large-scale mass activities, large-scale construction, etc., it is necessary to take measures to restrict traffic, or to make decisions directly related to the public's road traffic activities, it shall be announced to the public in advance.

3.Article 105: In the event of damage to a road during road construction work or on a road, warning signs or protective measures have not been set up in a timely manner, or traffic lights shall be installed.

Traffic signs, traffic markings.

However, if traffic lights, traffic signs, or traffic markings are not set up or should be changed in a timely manner but are not changed in a timely manner, resulting in the loss of passing personnel, vehicles and other property, the unit with relevant responsibilities shall bear the liability for compensation in accordance with law.

According to the above situation, if the relevant units have done it, it is the party that bears the responsibility and the party that bears less responsibility, if the construction party has fulfilled its responsibilities and the driver has not noticed the construction signs and other reasons, which leads to the traffic accident, the driver involved in the case shall bear the liability for compensation.

In the event of a traffic accident, whether the driver is responsible or not needs to be determined according to the rules for the division of responsibility for traffic accidents: the traffic management department of the public security organ shall be responsible for the occurrence of road traffic accidents according to the behavior of the parties.

The role played and the severity of the fault determine the responsibility of the parties.

The road has been closed for repairs. I don't know how the vehicle entered the construction section. If the construction party does not inform in time, or. Preparing to intercept a vehicle in advance is a small part of the responsibility.

If the construction party can bear a certain responsibility, it is better to have no construction signs or unclear or incomplete signs.

As long as clear signs are set up and security measures are taken.

There is no need to be held responsible.

If no obvious signs are set up and no safety measures are taken.

to bear civil liability. The specific regulations are as follows.

Article 125:In public places.

Dig pits beside the road or in the passageway.

Repair and installation of underground facilities, etc.

Failure to set up obvious signs and take safety measures to cause harm to others.

The constructor shall bear civil liability.

Legal analysis: The steps for handling road traffic accidents in closed construction are as follows: after a car accident occurs, the court should be applied to the court for property preservation of the accident vehicle in time to prevent the perpetrator from transferring the property after picking up the car.

The traffic management department of the public security organ shall notify the parties concerned to obtain the accident vehicle and motor vehicle driving license within five days after the completion of the inspection and appraisal of the detained accident vehicle. That is to say, the vehicle cannot be stored in the parking lot for a long time, once the traffic police inspection and identification are completed, the perpetrator can pick up the car within five days. At this time, the court should be applied to the court for property preservation of the accident vehicle in a timely manner.

Legal basis: Article 133 of the Criminal Law of the People's Republic of China Whoever, as a result of a major accident, causing serious injury or death or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention of a person who is a member of the clan; Where a person escapes after causing a traffic accident or has other heinous circumstances of the Niansui ethnic group, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

Summary. If the obligation to prompt is fulfilled, it is the fault of the party.

Is the construction party liable for the traffic accident caused by the road closure maintenance sock erection? If the construction party fails to go through the road closure procedures and there is a traffic accident in the construction section, whether the construction party is responsible for renting a congratulatory party, and if it fulfills its obligation to prompt, it is the fault of the party.

However, if the formalities are not completed and a traffic accident occurs, the construction party will be responsible.

The construction section was warned by the construction party itself, but the road closure procedures were not handled, and the accident certificate of the traffic police department said.

At that time, the accident road section was two lanes, and the other party vehicle was driving in the wrong direction in the unconstructed lane, and the traffic police determined that the state knew how to turn and go straight, and the person who judged the wrong-way vehicle was not responsible.

It shall be determined in accordance with the accident certificate of the traffic police.

Because there is no road closure procedure, it will only be administratively punished.

There will be no compensation involved.

My car passed through the middle of the two roads, and as soon as I got on the road, I was loaded with a wrong-way vehicle.

Whether the wrong-way vehicle passes through the intersection to slow down and slow down.

Of course, slow down.

Whether or not this judgment is correct for me to be fully responsible.

However, the determination of the accident is based on the accident certificate.

If there is an objection, you can apply to the traffic police department for reconsideration.

Okay, you're welcome, glad to serve you.

Summary. In the event of a traffic accident during highway maintenance, the responsible party should be determined according to the specific situation.

Is the construction party liable for a traffic accident during road closure maintenance? If the construction party does not go through the road closure procedures, and there is a traffic accident in the construction section, the construction will occur.

Hello. I would like to consult.

In the event of a traffic accident during highway maintenance, the responsible party should be determined according to the specific situation.

My current situation is that the traffic accident that occurred on the day has not yet been issued.

If it is caused by the builder's failure to set up obvious signs and take safety measures, the builder shall be liable; Article 1258 of the Civil Code of the People's Republic of China Where the excavation, repair and installation of underground facilities in public places or roads causes damage to others, and the builder cannot prove that it has set up obvious signs and taken macro limb safety measures, it shall bear tort liability. If a manhole or other underground facility causes damage to others, and the manager cannot prove that it has fulfilled its management duties, it shall bear tort liability.

Yes, the traffic police have always said that more than 20 days have passed since the investigation, and the certificate has not yet been issued.

Pro, the accident certificate should be issued within 10 days, and if the time limit is exceeded, you can apply for administrative reconsideration or file an administrative lawsuit.

According to Article 62 of the Provisions on Procedures for Handling Road Traffic Accidents, the traffic management department of the public security organ shall make a road traffic accident identification document within 10 days from the date of on-site adjustment and investigation. In a traffic hit-and-run case, a road traffic accident certificate shall be prepared within 10 days after the vehicle causing the traffic accident and the driver are seized. Where it is necessary to conduct an inspection or appraisal, a road traffic accident identification document shall be drafted within five days from the date on which the inspection report or appraisal opinion is determined.

That section of the road was sure that it was not opened, but when the accident happened, he said that there was a reminder sign on the side of the road, but I didn't see it, originally his road with a ruler section was closed, but when I got on the road, it was not closed, and the construction party said that it should be checked when the traffic police recorded the destruction, so the closure was lifted.

I was in an accident and I was in an accident without being closed, so I wondered if the construction party was more responsible or if I was more responsible in this situation.

If the construction party is responsible, it depends on the traffic police.

Legal analysis: In the event of a traffic accident during highway maintenance, the responsible party should be determined according to the specific situation. If it is caused by the builder's failure to set up obvious signs and take safety measures, the builder shall be liable; If the builder sets up obvious signs and takes safety measures, the parties involved in the accident shall bear the responsibility.

Legal basis]:

Civil Code of the People's Republic of China Article 1,000 Song Belt 258 Where damage to others is caused by excavation, repair, or installation of underground facilities in public places or roads, and the builder cannot prove that obvious signs have been set up and safety measures have been taken, he shall bear tort liability.

If a manhole or other underground facility causes damage to others, and the manager cannot prove that he has fulfilled his management duties, he shall bear tort liability.