If the driver is hit by a motor vehicle without taking the zebra crossing, is the driver solely resp

Not necessarily--- it depends on whether the driver can be determined to be an escape.

The main conditions for constituting a hit-and-run are:

The perpetrator knew that he had caused the traffic accident, that is, the perpetrator must have known that his behavior had caused the traffic accident when he escaped, which is the subjective cognitive factor of the perpetrator.

If the perpetrator leaves the scene without realizing the occurrence of the traffic accident, it cannot be determined that "fleeing after a traffic accident" is not established.

The driver is fully responsible for the hit-and-run.

If it cannot be determined that the driver has escaped, it will be treated as a general traffic accident.

The basic criteria for determining responsibility for traffic accidents involving motor vehicles, non-motor vehicles, and pedestrians ---.

In the event of a traffic accident between a motor vehicle and a non-motor vehicle driver or pedestrian, the motor vehicle shall be liable; However, if there is evidence to prove that a non-motor vehicle driver or pedestrian has violated road traffic safety laws and regulations, and the motor vehicle driver has already taken necessary measures to deal with it, the liability of the motor vehicle party shall be reduced.

If the loss of a traffic accident is intentionally caused by a non-motor vehicle driver or pedestrian, the motor vehicle party shall not be liable.

Therefore, it is necessary to refer to the specific circumstances of the accident to determine whether the driver is fully responsible.

Most of the traffic laws in various places are people-oriented, and those who drive a motor vehicle into a traffic accident and escape are fully responsible for the hit-and-run.

The driver's escape must have been his sole responsibility.

In this case, the pedestrian violated Article 75 of the Regulations for the Implementation of the Road Traffic Safety Law, which states that "a pedestrian crossing a motor lane shall pass through a pedestrian crossing facility; If there are no pedestrian crossing facilities, they shall pass through the crosswalk; If there is no crosswalk, the situation of the oncoming and outgoing vehicles shall be observed, and the vehicle shall not be allowed to suddenly accelerate and cross or reverse or turn back halfway when the vehicle is approaching". According to Article 92 of the Regulations for the Implementation of the Road Traffic Safety Law, "if a party escapes after a traffic accident occurs, the party who escapes shall bear full responsibility. However, if there is evidence to prove that the other party is also at fault, the liability can be reduced", in the case of the pedestrian crossing the road without taking the crosswalk, there is indeed a fault, and the liability of the fleeing party should be reduced, that is, the fleeing party bears primary responsibility and the pedestrian bears secondary liability.

No, it's up to you to make mistakes.

Legal analysis: Generally, the motor vehicle party bears all the responsibility for the accident, but if the other party has the means to prove that the pedestrian is at fault, the liability of the motor vehicle party can be reduced. That is to say, only by proving that the person holding the tremor is responsible can the liability of the motor vehicle be reduced, and if it cannot be proved, then only the motor vehicle can bear it.

Although pedestrians do not take the zebra crossing, motor vehicles are required to avoid the obligation according to the law. If the motor vehicle has taken avoidance measures and takes timely measures according to the situation at the scene, which will also lead to an accident, then it means that the pedestrian is also at fault, and the traffic police will judge the specific responsibility of both parties according to the fault.

Legal basis: Road Traffic Safety Law of the People's Republic of China Article 62 Pedestrians passing through intersections or crossing roads shall take crosswalks or crossing facilities; When crossing a pedestrian crossing with a traffic signal, you should follow the instructions of the traffic signal; When crossing an intersection without traffic lights or pedestrian crossings, or crossing a road on a section without crossing facilities, it is necessary to confirm that it is safe to do so.

Legal analysis: If you cross the road without a zebra crossing and are hit, the motor vehicle is generally responsible, but if there is a way to prove that the pedestrian is at fault, the liability of the motor vehicle driver can be reduced. The liability of the motor vehicle can only be reduced by proving that the pedestrian is responsible, and if there is no way to prove it, the responsibility needs to be borne by the motor vehicle.

Legal basisRoad Traffic Safety Law of the People's Republic of China

Article 61 Pedestrians should guess and walk on the sidewalk, and walk on the side of the road if there is no sidewalk.

Article 62 Pedestrians passing through intersections or crossing roads shall take crosswalks or crossing facilities; When crossing a pedestrian crossing with a traffic signal, you should follow the instructions of the traffic signal; When crossing a hidden intersection without traffic lights or pedestrian crossings, or crossing a road on a road section without crossing facilities, you should pass after confirming that it is safe to do so.

Car owners must pay attention to the courtesy of pedestrians when driving on the road, and some car owners will feel that pedestrians are not leaving.

Rush back to Zebra.

The line does not need to be polite, and it ends up hitting pedestrians. Is it the sole responsibility of the owner to be hit without taking the zebra crossing? Let's tell you the answer now.

If you don't take the zebra crossing and get hit, you need to divide the responsibility according to the situation. If the pedestrian is not at fault and is just walking normally, then even if the pedestrian does not take the zebra crossing, the owner of the vehicle needs to be fully responsible for being hit. If there is evidence that the pedestrian is at fault, then the liability of the vehicle owner can be reduced according to the degree of fault of the pedestrian.

If the evidence shows that the motor vehicle is not at fault at all, the owner is still liable, but the liability will not exceed 10%.

It is recommended that car owners and friends must drive cautiously, see pedestrians, even if they do not take the zebra crossing, they must be courteous in time. At the same time, it is recommended that you can install it in the car.

Dash cam.

In this way, in the event of a liability dispute, the dash cam can provide strong evidence to protect our rights and interests.

Generally, the motor vehicle party is required to bear all the responsibility for the accident, but if the other party has the means to prove that the pedestrian is at fault, the liability of the motor vehicle party can be reduced. That is to say, only by proving that the pedestrian is responsible can the liability of the motor vehicle be reduced, and if it cannot be proved, then only the motor vehicle can bear it. Although pedestrians do not take the zebra crossing, they are required to avoid motor vehicles according to the law.

If the motor vehicle has taken avoidance measures and takes timely measures according to the situation at the scene, the accident will also be reversed, then the pedestrian is also at fault, and the traffic police will determine the specific responsibilities of both parties according to the fault.

1. The proportion of primary and secondary responsibilities of motor vehicles and pedestrians.

The specific division of responsibilities shall be determined according to the responsibility determination issued by the traffic police. In the event of a traffic accident between a motor vehicle and a pedestrian, and the pedestrian is not at fault, the motor vehicle shall be liable for compensation; If there is evidence to prove that the pedestrian is at fault, the liability of the motor vehicle party shall be appropriately reduced according to the degree of fault; If the motor vehicle party is not at fault, it shall bear no more than 10% of the liability for compensation. The loss of a traffic accident is caused by a pedestrian intentionally colliding with a motor vehicle, and the motor vehicle party is not liable for compensation.

2. The detailed process of equal liability claim.

We need to analyze the specific facts of the case, a traffic accident that occurs between a motor vehicle and a motor vehicle, or between a non-motor vehicle driver and a non-motor vehicle driver, will bear 50% of the responsibility in accordance with the same responsibility identified in the "Road Traffic Accident Identification Certificate" issued by the traffic police. If a traffic accident occurs between a motor vehicle and a non-motor vehicle driver or pedestrian, even if the "Road Traffic Accident Identification Certificate" issued by the traffic police determines that both parties are equally responsible, the motor vehicle party still has to bear at least 60% of the responsibility, and the legislative intent is to protect the vulnerable party of the non-motor vehicle driver and pedestrian. According to the second paragraph of Article 76 of the Road Traffic Safety Law, if a traffic accident occurs between a motor vehicle and a non-motor vehicle driver or pedestrian, and the non-motor vehicle driver or pedestrian is not at fault, the motor vehicle shall be liable for compensation; If there is evidence to prove that the driver or pedestrian of the non-motor vehicle is at fault, the liability of the motor vehicle party shall be appropriately reduced according to the degree of fault.

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 parties according to the role played by the party's act 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 liable.

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

Be. Pedestrians who do not take the zebra crossing and are hit by a car are generally held liable by the motor vehicle. However, there is fault for the pedestrian not to take the zebra crossing, which can reduce the liability of the motor vehicle.

After ascertaining the cause of the traffic accident, the public security organ shall determine the responsibility of the party in the traffic accident on the basis of the causal relationship between the party's violation and the traffic accident, as well as the role of the violation in the traffic accident.

The motor vehicle is generally responsible for the pedestrian not taking the zebra crossing and being hit by a car, but the pedestrian is at fault for not taking the zebra crossing, which can reduce the liability of the motor vehicle. However, if there is no zebra crossing on the street where the pedestrian walks, then the excavation is determined according to the ordinary division of responsibility.

Specifically, pedestrians passing through intersections or crossing roads should take crosswalks or crossing facilities; When crossing a pedestrian crossing with a traffic signal, you should follow the instructions of the traffic signal; When crossing an intersection without traffic lights or pedestrian crossings, or crossing a road on a section without crossing facilities, it is necessary to confirm that it is safe to do so. In the event of a traffic accident between a motor vehicle and a non-motor vehicle driver or pedestrian, and the non-motor vehicle driver or pedestrian is not at fault, the motor vehicle shall be liable for compensation; If there is evidence to prove that the driver or pedestrian of the non-motor vehicle is at fault, the liability of the motor vehicle party shall be appropriately reduced according to the degree of fault. If the motor vehicle party is not at fault, it shall bear no more than 10% of the liability for compensation.

How to compensate for a motor vehicle traffic accident.

1. The insured shall report to the insurance company in a timely manner;

2. Inform the insurance company personnel in a timely manner;

3. According to the corresponding bills and vouchers, Yu Hongxing settles the claim;

4. Subsequent compensation costs can be dealt with together.

Legal basis

Road Traffic Safety Law of the People's Republic of China

Article 62: Pedestrians passing through intersections or crossing roads shall take crosswalks or crossing facilities; When passing through a pedestrian crossing with a traffic signal, you should follow the instructions of the traffic signal vertical scatter light; When crossing an intersection without traffic lights or pedestrian crossings, or crossing a road on a section without crossing facilities, it is necessary to confirm that it is safe to do so.

Article 61: Pedestrians shall walk on sidewalks, and if there is no sidewalk, walk on the side of the road.