In the event of a traffic accident due to a mechanical failure of the vehicle, the accident is deter

After a traffic accident occurs, if the party responsible for the accident refuses to bear the liability for compensation, the injured party may file a civil lawsuit to protect its rights.

Step 1: Be clear about who you want to sue

In litigation, "who to sue" is a very important issue. If the target of the lawsuit is wrong, it will not only waste time, manpower, and financial resources, but also fail to achieve the purpose of claiming compensation. On the issue of "who to sue", the first thing to see is who is the owner of the vehicle on the license of the other party at the time of the accident, and if it is the driver who caused the accident, then directly sue him.

If the vehicle is owned by another owner, the driver can be sued as co-defendants along with the owner. If the owner of the vehicle is a unit, the unit can be sued as a defendant.

In addition, from the perspective of safeguarding the interests of the injured party, the "Measures for the Handling of Road Traffic Accidents" promulgated by *** also specifically stipulates the principle that the owner bears the responsibility of advance payment. If the driver of the motor vehicle who bears the liability for compensation is temporarily unable to compensate, the driver's unit or the owner of the motor vehicle shall be responsible for the advance. However, after the fact, the owner of the vehicle who bears the responsibility of the advance payment can recover from the driver who caused the accident.

Step 2: Get the evidence.

The traffic management department of the public security organ is the statutory authority for determining road traffic accidents, and although the "Road Traffic Accident Liability Determination" issued by it should be cross-examined by the parties and cannot of course become the basis for the court to determine the facts of the case, it is still of great significance in the litigation as an important evidence for handling traffic accident disputes, and in the litigation, it is still of great significance to prove the degree of responsibility of both parties. After the case is brought to the court, although the court should confirm the responsibility for the accident based on the facts investigated by the court, and the scope of the investigation is not limited by the public security organ's liability determination, under normal circumstances, when the parties do not have conclusive evidence to overturn the content of the liability determination, the court will accept the public security organ's determination of liability and determine the liability of the relevant party on this basis. Therefore, when the parties get the accident liability determination letter from the traffic team, they must carefully read the content of the liability determination.

If they are not satisfied, they should promptly apply to the public security organ at the next higher level for reconsideration.

Step 3: Reasonable compensation.

In traffic accident disputes, the compensation issues involved generally include compensation for property damage and compensation for personal injury. The scope of compensation for property damage mainly includes: repair fees; loss of goods on board, etc.

Repair fee: According to the reasonable amount on the repair invoice, if the vehicle has been scrapped, it should be compensated at a discount; Compensation for damage to items on board the vehicle in an accident shall be based on the actual loss.

The main items of personal injury compensation are: medical expenses; Lost time pay; Hospitalization meal subsidy; nursing fees; Living allowance for the disabled; disability appliance fee; funeral expenses; death compensation; maintenance of dependants; Travelling expenses; accommodation fees and so on. Among them, the lost work expenses include two parts, one is the lost work expenses caused by the party's inability to go to work during the period of medical treatment and hospitalization, and the other is the lost work expenses due to the handling of the aftermath of the traffic accident.

It should be written on the traffic police accident certificate that it cannot be determined, and it is unlikely that a determination will be made that neither party is responsible.

1. See whether the truck belongs to the three-pack period, if so, the manufacturer can be held responsible, 2. If it is not in the three-pack period, you can file a lawsuit, the truck owner did not fulfill the maintenance and management obligations, resulting in a vehicle mechanical accident. The court is required to issue a ruling that the liability determination is invalid and that the truck party is liable so that the insurance company that underwrites the truck can pay the money.

3. If it doesn't work, there is still a non-liability amount for truck compulsory insurance, but it is very small.

Filing a lawsuit with the court, the judge will make a judgment ...... according to the Tort Liability Law

Legal analysis: If a motor vehicle in Qizhou causes damage to a non-motor vehicle driver or pedestrian, if the victim is at fault, the liability of the perpetrator shall be appropriately reduced according to the degree of fault.

Legal basis: "Road Traffic Safety Law of the People's Republic of China" Article 76 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 party shall be liable for compensation; If there is evidence to prove that the driver or pedestrian of the non-motorized 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.