Accident Liability Analysis, Accident Liability Analysis Legal Knowledge

In the event of an accident between a non-motor vehicle and a motor vehicle, the motor vehicle is primarily responsible! This is left to the insurance company and the traffic police to deal with. There is no need to pay medical bills.

1. A little confused about the situation you described, the collision between the two cars is between the two doors on the right side of your vehicle, indicating that the electric car crosses the road diagonally from the right side of your car to the left, in this case, why do you have to hit the right direction after braking suddenly? If this is the case, then the direction is a misuse and caused an accident that would not necessarily have happened. Still confused, the knee-jerk reaction will not be like this, you should stay away from the danger and hit the left direction.

2. If the other party and the traffic police have evidence to prove that the accident was caused by your misoperation, then you may be mainly responsible.

3. If the description of your direction to the right is wrong, and the electric car crosses the road diagonally and hits the middle of your door, the electric car should be mainly responsible.

4. The injured person has no right to disagree with you to drive the car away, after a traffic accident, the only legal basis for the traffic police to detain the vehicle is to check whether the vehicle has a fault that affects the safe driving, and the identification time is also stipulated, and it should be returned to the owner after the inspection and identification is completed. You can clearly explain to the traffic police that the car is not collateral for the medical expenses of the injured person.

5. The question of whether to continue to pay medical expenses depends on the accident responsibility determination of the traffic police to determine whose responsibility is large, otherwise it is difficult to get back the overpaid money.

Talk to the traffic police who came to the scene and communicate with the injured.

Legal analysis: The accident investigation team shall perform the following duties: (1) find out the process, causes, personnel and direct economic losses of the accident; (2) Determine the nature of the accident and the responsibility for the accident; (3) Put forward suggestions on the handling of the person responsible for the accident; (4) Summarize the lessons of the accident and put forward preventive and corrective measures; (5) Submit a land code accident investigation report.

Legal basis: Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China Article 99 Anyone who commits any of the following acts shall be fined not less than 200 yuan but not more than 2,000 yuan by the traffic management department of the public security organ: 1. Driving a motor vehicle without obtaining a motor vehicle driver's license, having a motor vehicle driver's license revoked, or driving a motor vehicle during the period when the motor vehicle driver's license has been suspended; 2. Giving a motor vehicle to a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been suspended or temporarily detained; 3. Fleeing after causing a traffic accident, which does not constitute a crime; 4. The motor vehicle exceeds the speed limit by 50%; 5. Forcing a motor vehicle driver to drive a motor vehicle in violation of road traffic safety laws and regulations and the driving requirements of the motor vehicle Amphi Si Daquan, causing a traffic accident, which does not constitute a crime; 6. Forcibly passing in violation of traffic control regulations and not listening to dissuasion; 7. Intentionally destroying, moving, or altering transportation facilities, causing harmful consequences, but it does not constitute a crime; 8. Illegally intercepting or detaining motor vehicles, and not listening to dissuasion, causing serious traffic jams or large property losses.

Where the perpetrator has any of the circumstances in items (2) or (4) of the preceding paragraph, the motor vehicle driver's license may be revoked concurrently; In any of the circumstances of items 1, 3, or 5 through 8, they may be detained concurrently for up to 15 days.

First, the traffic police should be judged by the traffic police as the liquid key quasi-desensitization, and there is no point in discussing with others.

Second, I believe that the traffic police, after all, are professionals, and the deviation will not be too large.

3. At that time, you can plead, but after there is no scene, it is difficult to explain clearly.

Fourth, spending money to avoid disasters, and gaining knowledge, happiness is long-lasting, and it is worth it!

Liability accident refers to the violation of relevant management regulations in production and operation, resulting in the occurrence of ** accidents or other serious consequences. Violation of relevant management provisions refers to the violation of relevant laws, regulations, rules and regulations, including: various relevant laws, regulations and other normative documents promulgated by the state; All kinds of rules and regulations formulated by enterprises, institutions and their higher-level management organs, including procedures, rules, regulations, regulations, methods and systems in terms of process technology, production operations, technical supervision, labor protection, safety management, etc.; Although there are no explicit provisions, they reflect the objective laws and requirements of safe operation in production, scientific research, design and construction, and are recognized by employees in practice as effective operating habits and practices.

Legal basis] Article 134 of the Criminal Law of the People's Republic of China, where the relevant safety management regulations are violated in production or operation, resulting in a major accident or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; where the circumstances are especially heinous, a sentence of between three and seven years imprisonment is to be given.

Liability accidents generally refer to accidents caused by the perpetrator's violation of relevant management regulations in production operations. Whoever violates the relevant safety management regulations in production or operation, resulting in a major accident or other serious consequences caused by severe destruction of the car, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; where the circumstances are especially heinous, the sentence is to be between three and seven years imprisonment.

It is a violation of relevant management regulations in production and operation.

Violation of relevant management provisions refers to violation of relevant laws, regulations, rules and regulations. Including the following three situations: (1) Various relevant laws, regulations and other normative documents promulgated by the state.

2) Various rules and regulations formulated by enterprises, institutions and their superior management organs, including procedures, rules, charters, regulations, methods and systems in process technology, production operation, technical supervision, labor protection, safety management, etc. (3) Although there are no explicit provisions, they reflect the objective laws and requirements of safe operation of production, scientific research, design and construction, and are recognized by employees in practice as effective operating habits and practices.

After the occurrence of a public road safety accident, it is necessary to divide the severity of the accident, which is simply divided into minor incidents and general incidents. But these grades are all judged by criteria, so what are the criteria for grading road safety accidents? I'm sure you'll be intrigued by this.

Today, Legal Express will take you through the details of this issue. Below, please take a closer look.

1. Criteria for grading road safety accidents.

Article 6 of the Measures for the Handling of Road Traffic Accidents stipulates that traffic accidents are divided into minor accidents, general accidents, major accidents and extraordinarily serious accidents according to the degree and amount of personal or property losses. Specific standards are formulated by the Ministry of Public Security. The grading criteria for road traffic accidents are as follows:

1. Minor accidents.

It refers to an accident that causes minor injuries to 1 to 2 people at a time, or property damage is less than 1,000 yuan for motor vehicles and less than 200 yuan for non-motor vehicles.

2. General accidents.

It refers to an accident that causes 1 to 2 serious injuries, or 3 or more minor injuries, or property losses of less than 30,000 yuan.

3. Major accidents.

It refers to an accident that causes the death of 1 to 2 people, or the serious injury of 3 to 10 people, or the loss of property between 30,000 yuan and 60,000 yuan.

4. Serious accidents.

It refers to an accident that causes the death of 3 or more people, or the serious injury of 11 or more people, or the death of 1 person and the serious injury of 8 or more people at the same time, or the death of 2 people, the serious injury of 5 or more people at the same time, or the loss of property of more than 60,000 yuan.

In the accident statistics, the statistical scope stipulated in the Notice of the Ministry of Public Security on Doing a Good Job in Traffic Management Statistics does not change. Death is still limited to 7 days after the accident; For serious injuries, it is to be implemented in accordance with the "Standards for the Appraisal of Serious Personal Injuries" issued by the Ministry of Justice, the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security; For minor injuries, it is to be implemented in accordance with the "Standards for the Appraisal of Minor Human Injuries (Trial)" issued by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice; Property loss refers to the direct loss of vehicles and property caused by road traffic accidents, excluding the cost of on-site rescue (insurance) and personal aftercare, nor does it include indirect property losses caused by work stoppage, production stoppage, business suspension, etc.

The construction company fulfilled its warning duty, it did not violate the law, it was not at fault, and it was not responsible for the death of the old man.

The old man and the car driver and the car driver are all responsible:

When the old man is drunk, he loses or partially loses his ability to judge, so that he is unable to recognize and control his behavior, and he falls into a coma when he hits a warning sign.

However, the small car and the large car did not fulfill their duty of care, did not conduct careful observation, and successively ran over the old man, resulting in the death of the old man, which is a mixed tort.

The drunkard bears the main responsibility, and it is his own excessive drinking that causes him to behave erratically and eventually fall! The construction party bears secondary responsibility, although he has warnings and tips, but he does not pull the safety line and keeps a certain distance! Small cars, big trucks belong to unconscious injuries, not to the fault party!