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In the absence of intentional injury, the objective harmfulness of criminal liability in the traffic accident must be the primary responsibility for causing the death of one person or the serious injury of three people, so there is no issue of criminal liability in this case. With regard to civil liability, according to the provisions of China's Road Traffic Safety Law, if a traffic accident occurs between a motor vehicle and a pedestrian, the motor vehicle party shall bear the liability for compensation, but if there is evidence to prove that the pedestrian violates traffic safety laws and regulations, and the driver of the motor vehicle has taken necessary measures, the liability of the motor vehicle party shall be reduced, and if the loss of the accident is intentionally caused by the pedestrian, the motor vehicle party shall not be liable.
Generally speaking, the owner of the car rents out the car by the lessee, the car does not bear the liability for compensation, the driver should be in accordance with the above responsibility distribution method to compensate the injured party for medical expenses, nursing fertilizer, necessary nutrition expenses, lost work loss of income, etc., if the disability is caused there are more compensation costs.
Special note: whether the driver is the owner of the car or not, is to bear the normal driver should bear the responsibility of the traffic accident, but in the compensation, such as (in addition to insurance compensation) the driver can not bear the economic compensation, the car owner bears the obligation of economic compensation.
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Whether the driver is the owner of the car or not, he bears the responsibility for the traffic accident that the normal driver should bear, but when compensating, if the driver cannot bear the economic compensation (except for insurance compensation), the car owner shall bear the obligation of economic compensation.
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1. If reversing is not allowed on the road section being reversed, then after a traffic accident, the driver who reverses is fully responsible;
2. In normal driving, there are no violations on both sides, and in most cases, the owner of the reversing car is fully responsible;
3. If there is a violation of the vehicle coming from the rear, and the owner of the reversing car is reversing normally, and there is no violation, the traffic police can be asked to make a responsibility determination, and the traffic accident liability certificate issued by the traffic police can be judged.
What are the ways to deal with a car accident caused by wrong-way driving?
1. Call the police, and the traffic police will intervene to deal with it and investigate the accident scene;
2. Conduct interrogation and investigation of both parties to the accident and conduct technical inspection of the vehicle;
3. After the division of responsibilities is completed, the traffic police will issue a traffic accident identification letter and deliver it to both parties;
4. The traffic police will do reconciliation work for both parties to the accident, and if the settlement is successful, the two parties will sign a settlement agreement. If the mediation is unsuccessful, the injured party can sue the infringing party according to the accident.
Legal basisArticle 49 of the Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China.
Motor vehicles are not allowed to make a U-turn at a location where there are signs or markings prohibiting U-turns or left-turn markings, as well as at railway crossings, pedestrian crossings, bridges, sharp bends, steep slopes, tunnels or dangerous road sections.
Motor vehicles may make a U-turn at a location where there is no prohibition on U-turn or no sign or marking prohibiting left turning, but it shall not obstruct the passage of other vehicles and pedestrians in normal driving.
Article 50. When a motor vehicle is reversing, it shall be aware of the situation behind the vehicle and reverse after confirming the safety. Do not reverse at railroad crossings, intersections, one-way streets, bridges, sharp bends, steep slopes or tunnels.
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If the reverse car hits a person, the owner of the reversing vehicle is generally fully responsible according to the simple handling procedure, but it is not absolute.
The determination of responsibility for accidents caused by reversing should also be determined according to the specific circumstances of the accident caused by reversing, and the traffic police should conduct an on-site inspection to determine the responsibility of the parties according to the role of the party's behavior in the occurrence of a road traffic accident and the severity of the fault.
The circumstances of the division of responsibilities are:
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;
4) If one party intentionally causes a road traffic accident, the other party is not liable;
5) In any of the following circumstances, the party shall bear full responsibility: (1) fleeing after a road traffic accident; The second is intentional sabotage, falsification of the scene, and destruction of evidence.
Legal basis] 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 behavior of the parties in the occurrence of road traffic accidents 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.
Article 61 of the Provisions on Procedures for Handling Road Traffic Accidents, if a party has any of the following circumstances, it shall bear full responsibility:
1) Fleeing after a road traffic accident;
2) Intentionally destroying or fabricating a scene or destroying evidence.
Where parties abandon their vehicles and flee or abscond and hide in order to evade pursuit of legal responsibility, if there is evidence showing that the other parties are also at fault, responsibility may be appropriately reduced, but where there is evidence at the same time showing that the fleeing party has the circumstances in item (2) of the first paragraph, it is not to be mitigated.
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