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Today, more and more traffic accidents on the road increase the number of cars. When driving, a little carelessness will occur between the vehicles around us and other accidents, the most common accident on the road is definitely the rear car and the front car rear-end collision, this kind of safety accident problem is basically the rear car is fully responsible. However, some front cars suddenly brake to the rear car, and the front car obviously has no obstacles, while the rear car often can't react, causing a rear-end accident.
In this development, should the responsibility be for the front car or the control of the rear car?
In our traffic regulations, it is not that trains cannot brake suddenly, and often the braking is mostly for safe operation, but it is emphasized that the rear car and the front car need to have a reasonable safety distance. So in our kind of development situation, the traffic police come to deal with it, generally speaking, the rear car is directly responsible. Because the so-called safe working distance between cars in China's traffic management regulations means that even if the car in front brakes suddenly, the rear car must develop its own sufficient distance to brake and react to avoid accidents and collisions.
Therefore, it is very important to maintain a safe distance during our daily driving.
But it is difficult to keep a safe distance from the vehicle in front. Because if the front of the car remains about 30 meters away from the car, it is estimated that there will be no half a minute in the vicinity of the vehicle, from the plug on the car, after all, we are the reason for many cars in the city itself and pedestrians. Like during rush hour, cars and trucks will be very close to each other.
But then again, it doesn't mean that you don't keep a safe distance, as long as you keep a safe distance on a smooth road, especially when driving at high speeds, when the general speed is more than 100km h, the safe distance between cars should be more than 100 meters.
Although in this accident, after the car rear-ended, the vehicle that braked sharply in front was basically the responsible car, there are some exceptions that can be borne by the vehicle in front of the car under the responsibility.
1. The car in front repeatedly maliciously stopped the car, and also braked the rear car many times.
2. The car in front blindly plugs and changes lanes and causes a rear-end accident, provided that at least one of the historical wheels of the car in front is pressed on the China line. However, if we are rear-ended after being snatched into the driveway system by the vehicle in front, the student will still be fully responsible for the vehicle behind.
3. The front car reverses and rolls backward or goes in the wrong direction, resulting in rear-end accidents.
4. The vehicle in front is driving without a license or drunk driving, drug driving or scrapped vehicles.
When this particular accident occurs, when the owner's dictation is insufficient, the most direct and effective evidence is, of course, the car log, whose role is to deal with such a well-planned accident, such as porcelain scissors. But in general, when driving, the owner needs to pay a little more attention. Respond promptly and reasonably to any unforeseen circumstances.
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The car in front suddenly braked sharply, and the rear car braked too late to collide, whose responsibility is it?
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The law stipulates that for motor vehicles driving in the same lane, the rear vehicle shall maintain a safe distance from the vehicle in front of it sufficient to take emergency braking. The basis for determining the liability for the accident after the traffic rear-end collision is:
Division of responsibility for rear-end collisions in traffic accidents:
1. After the car in front fails to turn on the hazard warning flashing lights and set up warning signs according to the regulations after stopping on the road, the front car bears the secondary responsibility for the accident and the rear car bears the main responsibility for the accident;
2. In the case of traffic accidents caused by the lack of tail lights in front of the car at night, the front car shall bear the secondary responsibility, and the rear car shall bear the main responsibility.
3. If the rear car collides with the moving front car and causes a traffic accident, the rear car shall bear the main responsibility.
4. After the front car stops on the road, the hazard warning flashing lights are turned on and warning signs are set up according to the regulations, and the rear car bears all the responsibility for the accident after the rear-end traffic accident;
5. If the car in front is too long and no obvious warning signs are set up according to the regulations, the front car shall bear the secondary responsibility, and the rear car shall bear the main responsibility.
6. In the case of a rear-end collision accident in which the front car rolls or reverses and crashes into the shape of a car, the front car shall bear the main responsibility.
7. In the case of sudden sudden braking of the front car, as long as the rear car keeps a safe distance and operates properly, it can brake within a safe distance. Therefore, the rear-end collision accident that occurs in such a situation is determined to be the full responsibility of the rear vehicle.
8. If the driver of the front car deliberately brakes or stops, resulting in the rear car rear-end collision, the driver of the rear car can provide valid evidence, such as the dash cam image to the traffic police for judgment.
Legal basis: Provisions on Procedures for Handling Road Traffic Accidents
Article 59: The determination of road traffic accidents shall be based on clear facts, credible and sufficient evidence, correct application of law, fair division of responsibility, and lawful procedures.
Article 60 The traffic management department of the public security organ shall, according to the role of the party's conduct in the occurrence of a road traffic accident and the severity of the fault, determine the responsibility of the party.
1) If a road traffic accident is caused by the fault of one of the parties, Hunger Brigade shall bear full responsibility;
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.
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1. Whose responsibility is it for the emergency braking of the car in front and the car hitting the rear car.
1. The front car brakes urgently, and the rear car hits the front car and bears full responsibility. It may also constitute picking quarrels and provoking trouble, and may face public security penalties, and may be detained for between 5 and 10 days, and may be fined up to 500 yuan, and if the circumstances are more serious, be detained for between 10 and 15 days, and may be fined up to 1,000 yuan.
2. Legal basis: Article 43 of the Road Traffic Safety Law of the People's Republic of China.
For motor vehicles driving in the same lane, the vehicle behind should maintain a safe distance from the vehicle in front of it sufficient to take emergency braking measures. In any of the following circumstances, it is not allowed to overtake the rock
1) The vehicle in front is making a left turn, making a U-turn, or overtaking;
2) There is a possibility of meeting the car with the oncoming car on the opposite side;
3) The vehicle in front is a police car, fire truck, ambulance, or engineering rescue vehicle performing an emergency mission;
4) There are no overtaking conditions for passing through railway crossings, intersections, narrow bridges, curves, steep slopes, tunnels, pedestrian crossings, and sections with large traffic flow in urban areas.
2. What is the legal basis for determining responsibility for traffic accidents?
1. If a traffic accident is caused by the fault of one of the parties, the company shall bear full responsibility; If the party escapes, causing changes to the scene and the loss of evidence, and the traffic management department of the public security organ is unable to verify the facts of the traffic accident, the party who escaped shall bear full responsibility; Where a party intentionally destroys, falsifies, or destroys evidence, it bears full responsibility;
2. If a traffic accident occurs due to the fault of two or more parties, the traffic accident shall be borne the 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 traffic accident, and if it is a traffic accident, none of the parties is liable;
4. If one party intentionally causes a traffic accident, the other party is not liable.
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The sudden braking of the front car is not used as the basis for the division of responsibility, and whether the rear car maintains a safe distance is the basis for the division of responsibility. If it can be proved that the vehicle in front deliberately braked sharply and the vehicle behind maintained a safe distance, the vehicle in front should be responsible; If the vehicle behind does not keep a safe distance and it cannot be proved that the vehicle in front braked intentionally, the vehicle behind will be fully responsible.
Safe distance is the distance between the vehicle behind and the vehicle in front of it in order to avoid an accidental collision with the vehicle in front. Maintaining a safe distance between vehicles is the most direct, effective, extensive and fundamental way to prevent rear-end collisions. There is no absolute numerical concept of safety distance, it depends on the situation.
Generally speaking, the faster and heavier the vehicle, the longer the interval required for the safety distance. The safe distance can also be affected by many other factors, such as weather conditions, light intensity, driver vision, braking equipment, road conditions, etc.
Because of the rear-end accident, the actual reason is not whether the front car brakes sharply, and the fundamental reason is that the rear car does not maintain a safe distance, the "People's Republic of China Road Traffic Safety Law Implementation Regulations" has a clear provision: when the speed exceeds 100km h, should be kept more than 100 meters from the front car safety distance, which is also the reference standard of the traffic police in the division of responsibility.
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Legal Analysis: The rear car is generally responsible for the rear car that is rear-ended due to the sudden sudden braking of the vehicle in front. In the event of a rear-end collision, the vehicle behind is generally responsible for compensation, because there is no safe distance between the two vehicles, and in daily driving, the driver should keep the distance between the vehicle to avoid accidents or emergency braking, due to the speed of the car can not stop.
Legal basis: Civil Code of the People's Republic of China.
Article 1208 Where a motor vehicle is involved in a traffic accident and causes damage, it shall be liable for compensation in accordance with the Road Traffic Safety Law and the relevant provisions of this Law.
Regulations on the procedures for handling road traffic accidents.
Article 20: In the event of a property damage accident that can be handled through negotiation, the parties may negotiate and handle it through the Internet**; Where the parties have disputes over the facts and causes, they may jointly apply to the public security organs through the internet.
The parties may be instructed to negotiate on their own. Where a party is sent to request that the traffic police be present to handle the matter, the traffic police shall be assigned to the scene to investigate and handle it.
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The car in front is the main responsibility, because he suddenly braked sharply in the process of driving, and the rear car had no time to react, and finally crashed into it, and the front car needs to bear the maintenance cost of the rear car, but if the distance between the two cars is relatively close, then the rear car also needs to bear 30% of the responsibility.
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The car in front needs to be responsible for this matter, and he needs to bear a certain burden of proof for Wu Xinwei, the burden of proof, and the liability for compensation, and he also needs to make compensation and compensation.
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The car in front is generally not responsible, and sometimes it is responsible for violations, but most of the responsibility lies with the rear body.
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Legal analysis: the car in front of the car suddenly brakes and the rear car is generally liable, and the specific compensation needs to be determined by the traffic police to determine the responsibility of the actual elimination of the bucket from the back. According to the laws of Qichun Pass, motor vehicles driving in the same lane should keep a safe distance from the vehicle in front of them sufficient to take emergency braking, and once it is exceeded, it will cause related traffic accidents.
Legal basis: Article 43 of the Traffic Law of the People's Republic of China For motor vehicles driving in the same lane, the rear vehicle shall maintain a safe distance sufficient from the vehicle in front to take emergency braking. (The so-called safety distance is the minimum distance for the rear car to effectively brake and not collide with the front car when braking and stopping in the situation)
Vehicles in the slow lane overtake the vehicle in front and can borrow the fast lane to drive. When overtaking, the motor vehicle should turn on the left turn signal, change the use of high and low beams or honk. On a road where there is no road centerline or only one motor lane, when the vehicle in front of the vehicle in front of the vehicle sends an overtaking signal, if conditions permit, the vehicle should reduce its speed and give way to the right, and the vehicle behind should confirm that it is at a sufficient safety distance to overtake the left side of the vehicle in front, and after pulling away the necessary safety distance from the overtaking, turn on the right steering and drive back to the original lane.
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Kiss, the front car suddenly braked sharply, causing the rear car to be rear-ended, and Hui Xiao should be fully responsible for the front car. 1. If the vehicle in front suddenly brakes sharply and causes a rear-end collision, generally speaking, the car behind is fully responsible, except for special circumstances. 2. On the way, the car in front suddenly brakes and you don't have time to brake, there are generally the following situations:
The two cars were too close to Wang Draft; The speed behind is too fast; The driver of the rear car is inattentive; The driving skills of the driver of the rear car are immature; The driver of the rear car was in a panic. Dear, if you have any ideas for other related issues, please consult me, I will help you protect the best interests.
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