How much responsibility should a motor vehicle bear for hitting an unlicensed motorcycle in the wron

Updated on Car 2024-02-21
7 answers
  1. Anonymous users2024-02-06

    Hello, both of you are responsible, but the crime of driving without a license is greater than the crime of driving in the wrong direction. Driving without a license itself is an illegal act, and if a traffic accident occurs and there are no other circumstances, you should bear full or primary responsibility.

    and shall bear penalties in accordance with law.

    Driving without a license shall be punished according to the following provisions, depending on the severity of the specific circumstances:

    1. Penalties for driving without a license in the new traffic law: Those who drive a motor vehicle without obtaining a motor vehicle driver's license, have their motor vehicle driver's license revoked, or have their motor vehicle driver's license suspended shall be fined not less than 200 yuan but not more than 2,000 yuan, and may be detained for up to 15 days.

    For those who do not carry a motor vehicle driver's license with them, regardless of whether the driver violates the law during the driving process, they are not allowed to continue to drive the vehicle. The traffic management department of the public security organ shall detain the motor vehicle and notify the driver to provide a driver's license. It will be handled separately depending on the circumstances of the driver's license provided.

    a) If the driver's license provided is true and legal and there is no illegal act while driving, a warning or a fine of 20-200 yuan will be given, and the motor vehicle will be returned in time;

    b) If the driver's license provided is true and legal, but there is an illegal act while driving, it will be punished according to the illegal circumstances and the failure to carry the driver's license, and the motor vehicle will be returned in time;

    c) If the driver fails to provide a real and legal motor vehicle driver's license, it will be regarded as driving without a license and may be punished in accordance with the above circumstances.

    2. Penalties for driving without a license.

    Driving without a license and hitting a person constitutes a traffic accident crime, and generally speaking, if there are no aggravating circumstances, it should be sentenced to up to 3 years in prison.

    According to Article 133 of the Criminal Law of the People's Republic of China, whoever violates the regulations on the administration of transportation and thus causes a major accident, causing serious injury or death to a person or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

  2. Anonymous users2024-02-05

    The main responsibility is the wrong-way driving responsibility, and the secondary responsibility is the motorcyclist who drives without a license.

  3. Anonymous users2024-02-04

    According to you, it should be the main responsibility.

  4. Anonymous users2024-02-03

    Legal analysis: The traffic police department shall make an accident identification letter, and require the other party to bear the liability for compensation according to the division of responsibility. If you are not satisfied with the accident certificate, you can apply to the traffic management department at the next higher level for review within three days.

    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, neither party is liable. If one party intentionally causes a road traffic accident, the other party is not liable.

    Provincial-level public security organs may, in accordance with relevant laws and regulations, formulate specific detailed rules or standards for determining responsibility for road traffic accidents.

    Legal basis: "Road Traffic Safety Law of the People's Republic of China" Article 99 Anyone who drives a motor vehicle without obtaining a motor vehicle driver's license, has a motor vehicle driver's license revoked, or has a motor vehicle driver's license suspended shall be fined not less than 200 yuan but not more than 2,000 yuan, and may be detained for not more than 15 days.

    Criminal Law of the People's Republic of China Article 133 Whoever violates traffic and transportation management regulations, thereby causing a major accident, causing serious injury or death to a person or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

  5. Anonymous users2024-02-02

    Legal analysis: It is necessary for the traffic police to determine the responsibility for the accident. Driving without a license was hit by someone else, it should be dealt with separately, first of all, driving a motorcycle without a license is a violation and should be punished by law.

    Legal basis: Provisions on Procedures for Handling Road Traffic Accidents Article 60 The traffic management department of the public security organ shall determine the responsibility of the parties according to the role played by 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, neither party is liable.

    If one party intentionally causes a road traffic accident, the other party is not liable.

  6. Anonymous users2024-02-01

    Summary. Legal basis: According to Article 60 of the Provisions on the Procedures for Handling Road Traffic Accidents, the traffic management department of the public security organ shall determine the responsibility of the parties according to the role of the parties' actions in the occurrence of road traffic accidents and the severity of the source of 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, neither party is liable. If one party intentionally causes a road traffic accident, the other party is not liable.

    Dear, can you hurry up?

    Okay, right away.

    Hello, I am happy to answer for you, the division of responsibility for the car hitting an unlicensed motorcycle: Legal analysis: If the motorcycle is driving normally, the wrong-way car will be fully responsible, and the unlicensed driving itself cannot be used as the basis for determining the responsibility.

    Legal basis: According to Article 60 of the Provisions on the Procedures for Handling Road Traffic Accidents, the traffic management department of the public security organ shall determine the responsibility of the parties according to the role of the parties' actions in the occurrence of road traffic accidents and the severity of the source of 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 and filial piety; (3) None of the parties is at fault for causing the road traffic accident, and if the traffic accident is a traffic accident, neither party is liable.

    If one party intentionally causes a road traffic accident, the other party is not liable.

    The motorcycle was driving normally, and the sedan car was overtaking on the opposite side of Bay Road and hit the motorcycle.

    The car was fully responsible for the accident, and the motorcycle was also punished for driving without a license.

  7. Anonymous users2024-01-31

    Answer: The responsibility for a car driving in the wrong direction and hitting an unlicensed motorcycle is 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 traffic accident occurs due to the fault of two or more parties, the traffic accident shall bear the primary responsibility, equal responsibility and secondary responsibility respectively according to the effect of their behavior on the accident; 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. Legal basis: Provisions on Procedures for Handling Road Traffic Accidents Article 60 The traffic management department of the public security organ shall determine the responsibility of the parties according to the role played by 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, neither party is liable. If one party intentionally causes a road traffic accident, the other party is not liable.

Related questions
15 answers2024-02-21

After reading the landlord's speech, first of all, there is no problem that the landlord is fully responsible. >>>More

8 answers2024-02-21

If the vehicle that fails to avoid the roundabout on the ring road will be fined 100 yuan (the specific amount of the fine shall be implemented in accordance with the local implementation measures). The standard of punishment for behavior is based on the following: >>>More

8 answers2024-02-21

Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China >>>More

11 answers2024-02-21

Compulsory traffic insurance is an insurance that the state requires mandatory purchase and uniform premium premiums and compensationThe maximum limit is 10,000 yuanAnnually availableMultiple claims are made within the limit, and the part of the cumulative compensation that exceeds the limit shall be borne by the individual. >>>More

10 answers2024-02-21

Hehe, this is quite troublesome. Is the school's parking lot guarded? Under what circumstances did a motor vehicle rush into a parking lot? Is the parking lot an annex of the school or is it rented by someone else? >>>More