Who is responsible? Does the division of responsibility require both parties?

1.If you have sufficient evidence that the vehicle behind you hit you first, causing you to hit the vehicle in front of you, and you did not park illegally on the highway or otherwise violate the law, the vehicle behind will compensate you and the vehicle in front.

Case: In October 2007, a large truck on the Nanjing Yangtze River Bridge failed to brake when getting off the bridge, crashing into the car in front, causing the car in front to hit the car in front again, causing more than 10 vehicles to be rear-ended in a row. Large truck drivers compensate for the total loss of all rear-end vehicles.

2.If you can't prove that the vehicle behind caused you to hit the vehicle in front of you, it is presumed that you hit the vehicle in front first, and then the vehicle behind you hit you. In this way, you pay for your front car, and the car behind you pays for you.

3.If you and the car in front of you have illegal parking on the highway and do not set up signs, you will have to compensate the car behind you, and the car in front will compensate for yourself.

Highway parking due to traffic jams ahead is not illegal parking.

It is also illegal to park on the shoulder of a highway (emergency parking lane) without an emergency.

It is usually the last car to be fully responsible.

However, if the second vehicle suddenly changes lanes, the second vehicle will be primarily responsible for the situation, and the last vehicle may be secondarily responsible.

In another case, if the first two cars are parked on the highway for no reason, or if there is a reason to stop but no warning sign is placed, the three cars are equally responsible.

Need. For the occurrence of slight, no personal traffic accidents, if both parties do not have any relevant disputes about the cause of the accident, you can call the police, the traffic police can not go to the police to deal with it, and then the two parties can directly go to the traffic accident rapid processing center for the relevant treatment of the accident.

In the traffic accident rapid processing center, the traffic police department is generally based on the two sides of the confirmed cause of the accident, according to the summary procedure to determine the accident responsibility, at this time if only one party to the accident is present, the traffic police department can not confirm the cause of the accident, and can not determine the responsibility, and then can not deal with the subsequent compensation of the accident. Therefore, the determination of responsibility for traffic accidents requires the presence of both parties, regardless of whether the responsibility is significant or whether there is a dispute between the two parties, both parties need to be present, otherwise the responsibility cannot be determined.

The traffic management department of the public security organ shall, according to the investigation, inspection, investigation of the traffic accident scene and the relevant inspection and appraisal conclusions, make a traffic accident identification letter in a timely manner or as evidence for handling the traffic accident. The determination of traffic accidents means that the Tongliang document shall state the basic facts, causes and responsibilities of the parties involved in the traffic accident, and serve them on the parties. As evidence for dealing with traffic accidents, in judicial practice, when handling road traffic accident cases, the traffic accident determination document is an important evidence for determining the course of the traffic accident, the cause of the accident and the accident liability, and to a large extent affects the administrative, civil and criminal liability of the person responsible for the accident, so the traffic accident determination document often becomes the focus of the dispute between the parties.

Legal basis: Road Traffic Safety Law of the People's Republic of China

Article 73.

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, promptly make a traffic accident determination 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.

Plato said, "The responsibility lies with the chooser, not with God." ”

Indeed, if the existence of free will is recognized, the responsibility lies with the chooser. Therefore, as a chooser, you need to be cautious and proactive in making the best choice.

But there is no denying that there are some things in life that the chooser can't decide. For example, when to be born, what kind of family to be born in, what kind of area, the choice is not up to the decision. When to die, to die in **, this is also something that most choosers cannot decide.

So who is responsible for this? Many times, we ascribe to God or fate.

The choice can be chosen, not evasive. If you can't choose it, accept it calmly. Change can change, accept cannot change.

Sole liability: the responsibility of a civil subject independently.

Joint liability: The liability borne jointly by two or more civil subjects.

According to the common relationship between the responsible persons, it can be divided into: share liability, joint and several liability, and supplementary liability.

Share-based liability: The responsible party is the majority, and each party bears responsibility according to the fixed share.

Article 177 of the General Provisions of the Civil Law: Where two or more persons bear proportional liability in accordance with the law, and the size of the responsibility can be determined, each shall bear the corresponding responsibility; Where it is difficult to determine the size of the responsibility, the responsibility is to be borne equally.

Joint and several liability: the responsible party is the majority, and each responsible person bears all the responsibilities to the right holder without dividing the share to the outside world (within the co-liable person, there is still a division of the share of responsibility).

The share of liability of the jointly and severally liable persons shall be determined according to the size of their respective responsibilities; Where it is difficult to determine the size of the responsibility, the responsibility is to be borne equally. The jointly and severally liable persons who are actually liable in excess of their own share of liability shall have the right to recover compensation from other jointly and severally liable persons. (Internally).

Supplementary liability: When the property of the responsible person is insufficient to bear the civil liability for which he or she should be liable, the person concerned shall be liable for the deficiency.

The main significance of distinguishing between share-based, joint and several liability and supplementary liability.

The scope of liability is different. Joint and several liability is to fully protect the rights of the right holder and increase the burden on the responsible person, so the assumption of joint and several liability must be prescribed by law or agreed by the parties.

Paragraph 3 of Article 178 of the General Provisions of the Civil Code: Joint and several liability shall be prescribed by law or agreed by the parties.