The law and liability of car accidents, and the legal issues of traffic accident liability

As long as you have not violated the traffic rules, you are not fully responsible, and it can be seen from your account that you are not at fault, mainly the motorcycle driver is responsible, and you only have to bear the burden of proving that you are not at fault.

Secondly, you can not pay the medical expenses first, if the illness is delayed, it is the problem of the patient's family, and it has nothing to do with you. Because now you are not obligated to pay for medical expenses.

In the end, even if it is your fault, you only bear civil liability, that is, lose some money, there is no criminal liability, don't be fooled by the other party.

You can wait for the liability to be determined and pay the relevant expenses according to the liability, or you can wait for the other party to sue.

Mere injuries, no deaths, and generally do not involve the issue of a criminal offense, unless:

Where a traffic accident causes serious injury to one or more persons, and bears full or primary responsibility for the accident, and has any of the following circumstances, it is to be convicted and punished as the crime of causing a traffic accident:

1) Driving a motor vehicle after drinking or taking drugs;

2) Driving a motor vehicle without driving qualifications;

3) Knowingly driving a motor vehicle with incomplete safety devices or malfunctioning safety components;

4) Knowingly driving a motor vehicle that is unlicensed or has been scrapped;

5) Driving with serious overload;

6) Fleeing the scene of an accident in order to evade legal prosecution.

It should be said that the main responsibility is the motorcycle, it is recommended that you contact the traffic police in time to obtain the traffic accident liability certificate as soon as possible.

You can ask the injured person to find a motorcycle driver to share the medical expenses.

There will be no criminal liability involved, it is an ordinary traffic accident.

Legal analysis: The division of liability for traffic accidents is based on the determination of traffic accident liability. There are uniform provisions on the determination of traffic accident liability in China, which are divided into full liability, primary liability, equal liability, secondary liability and no liability.

China's Civil Code, Road Traffic Safety Law, Personal Injury Compensation Interpretation and other series of laws have made a relatively rough division of the liability for traffic accidents on the basis of the determination of traffic accident liability. The specific contents are as follows: 1. If the driver or pedestrian of the non-motor vehicle is not at fault, the motor vehicle party shall bear all the liability for compensation.

2. If 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 compensation liability. 3. If neither the victim nor the motor vehicle is at fault for the occurrence of the traffic accident, both parties shall share the losses. 4. If the traffic accident is intentionally caused by a non-motor vehicle driver or pedestrian, the motor vehicle party shall not be liable for compensation.

Legal basis: Provisions on Procedures for Handling Road Traffic Accidents》 Article 60 The traffic management department of the public security organ shall, according to the role played by the behavior of the person involved in the road traffic accident and the severity of the fault, determine the responsibility of the person involved in the matter.

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.

According to Article 35 of the Tort Liability Law, if a labor relationship is formed between individuals, and the party providing the labor service causes damage to others due to the labor service, the party receiving the labor service shall bear the tort liability. If the party providing the service suffers injury due to the service, it shall bear the corresponding responsibility according to the fault of both parties.

Therefore, in this traffic accident, externally, the responsibility for the damage to the car in front caused by the rear-end collision should be borne entirely by the owner, even if the owner is not at fault in the slightest.

Internally, the cost of repairing the vehicle and the medical expenses of your relatives should be held liable according to their respective faults.

Obviously, the owner of the car knows that the road is far away but only cares about the practice of a driver is at fault, and should bear part of the responsibility, but how much to bear depends on the specific situation, from the text you provided, I can not distinguish in detail.

In addition, if you have purchased insurance after assuming responsibility, you can recover from the insurance company.

A good man has a safe life, and may your relatives be soon**.

The Standing Committee of the National People's Congress plans to amend the Road Traffic Safety Law to clarify the proportion of liability for compensation borne by the motor vehicle when the driver or pedestrian of a non-motor vehicle is at fault.

The Standing Committee of the National People's Congress began to deliberate on the draft amendment to the Road Traffic Safety Law on the 24th. The draft amendment amends the provisions of Article 76, Paragraph 1, Item 2 of the Road Traffic Safety Law, while maintaining the principle of presumption of fault, and clarifying the proportion of liability for compensation borne by the motor vehicle party in the case of fault of the non-motor vehicle driver and pedestrian.

The draft amendment amends Article 76, Paragraph 1, Item 2 of the Road Traffic Safety Law to read: 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 the driver or pedestrian of the non-motor vehicle is at fault, the liability of the motor vehicle party shall be reduced in accordance with the following provisions:

1.If the driver of the non-motor vehicle or the pedestrian bears secondary liability, the motor vehicle party shall bear 80% of the compensation liability;

2.If the driver of the non-motor vehicle and the pedestrian are equally liable, the motor vehicle shall bear 60% of the compensation liability;

3.If the non-motor vehicle driver or pedestrian bears the main responsibility, the motor vehicle party shall bear 40% of the compensation liability;

4.If the driver or pedestrian of the non-motor vehicle bears full responsibility, the motor vehicle party shall bear no more than 10% of the liability for compensation.

Article 6 of the "Several Provisions on the Implementation of the Measures for Handling Road Traffic Accidents in Beijing" promulgated by the Beijing Municipal Public Security Bureau on June 10, 1993 stipulates that the person responsible for a traffic accident shall bear the corresponding liability for damages in accordance with the responsibility for the traffic accident. Those who are fully responsible shall bear 100% of the losses in accordance with the regulations; Those who are primarily responsible shall bear 60% to 80% of the losses in accordance with the regulations; Those who are equally responsible shall each bear 50% of the losses in accordance with the regulations; Those who bear secondary liability shall bear 20% to 40% of the losses in accordance with the regulations; The liability for damages borne by the three or more parties responsible for the traffic accident shall be determined with reference to the above principles.

If you fail to take effective avoidance measures, you will bear secondary liability, and all the losses of the other party within the limit of the compulsory liability insurance shall be borne by you, and the excess part shall be shared according to the responsibility.

He doesn't go to the designated hospital**,** won't support him.

1.According to the traffic police to determine whether you are responsible, if so, according to the responsible compensation; If not, there is no compensation.

2.For any item that is subject to legal compensation, compensation shall be determined on the basis of the principle of reasonableness and necessity. For example, medical expenses are generally in the place where the accident occurred**, if the medical level in the place where the accident occurred cannot be reasonably effective**; You can go to other places**.

Otherwise, the unreasonable expenses incurred shall be borne by yourself.

First of all, you are not sure whether the other party is a motor vehicle If it is a motorcycle, then he must have a driver's license, that is, M driver's license, without a driver's license, it is considered unlicensed driving, and it has nothing to do with you if you are fully responsible for death, if there is a driver's license that is wrong-grade, the traffic police will take a picture of your brake marks on the road If you are sure that you make a decisive stop to avoid, it is the other party who touches you, and you are not wrong, it should be that he is driving in the wrong direction Illegal. But when something happens, you have to take pictures of yourself for evidence. First, you make a stop to avoid not being able to avoid him out of your own lane.

Second, your road brake mark represents your speed, and if you exceed the speed limit, you will also be responsible.

As long as you don't commit these two points, then you call the police and ask the other party to compensate you for all the losses.

1. Whoever violates traffic and transportation management regulations, resulting in 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.

The so-called "occurrence of a major accident" here refers to one of the following circumstances:

1) One person is killed or three or more people are seriously injured, and the person bears full or primary responsibility for the accident; 。The number of pickpockets is omitted.

2. Where a traffic accident causes serious injury to one person or more, and bears full or primary responsibility for the accident, and has any of the following circumstances, it shall be convicted and punished as the crime of traffic accident:

1) Driving a motor vehicle after drinking alcohol or taking drugs;

2) Driving a motor vehicle without driving qualifications;

3) Knowingly driving a motor vehicle with incomplete safety devices or malfunctioning safety components;

4) Knowingly driving a motor vehicle without a license or has been scrapped;

5) Driving with serious overload;

6) Fleeing the scene of the accident in order to avoid legal prosecution.

Compare your brother's behavior and see if there is anything that matches.

I think it is difficult for the Zhangye Disabled Persons' Federation to claim more liability, because the so-called improper management of the vehicle and the accident are two different things, at least there is no direct causal relationship in this case; If it is improper maintenance of the vehicle, it is still possible, in short, the liability is determined to be 30%, so it is difficult to continue to demand. This is not too much subjective infringement in the Disabled Persons' Federation, and it is just an ordinary traffic accident case.

As for the third-party car owners, although the owner of the car has not transferred the ownership, according to the letter of the Supreme People's Court, the owner of the car should not be liable;

As for the second owner of the car, it depends on whether he has fulfilled his duty of care and prudence when renting the car, which has little to do with whether the vehicle is a commercial vehicle, because the rental and sale behavior of the second owner is not within the scope of operation, unless he knows that the third owner rents a car for operation and does not legally apply for an operating license, and there is a certain causal relationship between the illegal operation and the accident, and it is possible to claim a part of the supplementary liability; Secondly, the second car owner, as the owner of the car, should pay compulsory insurance, if there is no compulsory traffic insurance and third-party liability insurance, the car owner is liable within the insurance limit;

Owner 3: The direct infringer bears full responsibility.

1. The actual owner of the car, Cao Wenlong, can be appealed to bear more liability for compensation. There is a problem here: the compensation limit of the compulsory traffic insurance is 120,000 yuan, which should be paid by the insurance company within the scope of the liability of the compulsory traffic insurance, since the court ruled that Cao Wenlong should bear the insurance cost of 30,000 yuan, it is obvious that Cao Wenlong did not pay the compulsory traffic insurance; So the compensation share of the compulsory traffic insurance part should be borne by Cao Wenlong, and this part is no-fault liability, and everyone is gone, but only bears more than 30,000 yuan, which is obviously a problem (too low)?

I hope you can write down the basis and method of the court's calculations.

2. The Zhangye Disabled Persons' Federation is at fault for the occurrence of the accident and should bear the corresponding tort liability, so it can file an infringement lawsuit against the Zhangye Disabled Persons' Federation, and the share of compensation is about 30%.

3. The two remedies do not conflict and can be taken together. In fact, the best way is to take Cao Wenlong, You Juyi, and Zhangye Disabled Persons' Federation as co-defendants, and let the three jointly bear the tort liability (but it is no longer possible).

Article 49 of the Tort Liability Law stipulates that if the owner and user of a motor vehicle are not the same person due to leasing, borrowing, etc., and the motor vehicle is liable after a traffic accident, the insurance company shall compensate within the limit of the liability of the compulsory insurance of the motor vehicle. For the insufficient part, the user of the motor vehicle shall be liable for compensation; If the owner of the motor vehicle is at fault for the occurrence of the damage, he shall bear the corresponding liability for compensation.

The Disabled Persons' Federation bears 30% of the responsibility, and it is difficult to support requests beyond this range.

For the Disabled Persons' Federation, you can see if you can apply for a work-related injury appraisal. You can appeal, and the probability of winning is relatively high.

1. According to your description, the construction party should be responsible for failing to set up warning signs and take sufficient safety measures, and the expressway should also bear joint and several liability;

2. If the above-mentioned unit is not responsible, it is your brother-in-law's responsibility, and he must bear all the medical expenses of your uncle. Of course, if you buy passenger seat insurance, the insurance company will pay a part of it.

I don't know if the police were reported at that time, and it is recommended to investigate the tort liability of the construction party and the highway company. Last time, I also saw that there were poor safety measures at some construction sites in the Xiangtan to Hengyang section of the Beijing-Zhuhai Expressway.

The division of responsibility for the accident first considers the right of way, that is, the difference between licensed and unlicensed, and then divides the responsibility according to the situation at the scene;

Generally speaking, like you, this situation belongs to two collisions, the motorcycle first collided with your car, and then hit the coach car, that is, the traffic police to determine which collision caused the injured person's injury, if the responsibility is divided according to a traffic accident, you and the coach car may give a secondary responsibility, the motorcycle is mainly responsible; If the responsibility is divided according to two traffic accidents, because your car and the coach car are going their own way, both accidents are the main responsibility of the injured person;

According to my experience, such a traffic accident will be handled as a case, that is, you and the coach car are secondary liability, because your two cars have insurance, at least 20,000 yuan of medical expenses and 220,000 yuan of other compensation (2 compulsory insurance). Why is it so divided? As you said, you are 30 yards uphill, if I guess correctly, the secondary liability of you and the coach is "on a road without traffic lights, not paying attention to safety", and another is Article 38 of the Road Traffic Law, you can go through it yourself to know why it is secondary responsibility.