What is the primary responsibility for a traffic accident? What is secondary liability?

After a traffic accident, if the traffic police department determines that the proportion of responsibility is primary and secondary, the specific proportion of responsibility should be analyzed according to the actual situation: 1. If both parties are motor vehicles or non-motor vehicles, the proportion of primary and secondary responsibilities is: 70% and 30%.

2. If one party is a motor vehicle and the other party is a non-motor vehicle, the liability of the non-motor vehicle party should be reduced by 10% under normal circumstances, that is, if the non-motor vehicle party is mainly responsible, it shall bear 60% of the liability; If the non-motorized party bears secondary liability, it generally bears 20% of the liability, and in some special cases, the non-motorized party can bear 10% of the liability.

Generally, the primary and secondary responsibilities are 37 open, that is, the main responsibility bears 70%, and the secondary liability bears 30%. However, the premise is that the compensation of the compulsory traffic insurance is partially compensated first, and if the compulsory traffic insurance is insufficient to compensate, the liability for the accident will be borne according to the accident. Traffic Accident Primary and Secondary Liability Compensation is as follows:

1. If both parties to the accident are motor vehicles, the two parties shall compensate each other for the loss of each other in full within the amount of compulsory traffic insurance, and the two parties shall share the insufficient part in the ratio of 7:3; 2. If one party to the accident is a motor vehicle and one party is a non-motor vehicle or a pedestrian, the motor vehicle shall compensate the other party for the loss in full within the amount of compulsory traffic insurance, and the insufficient part, if the motor vehicle accounts for the main responsibility, the primary and secondary responsibilities shall be shared according to the grip of the stool 8:2, and if the motor vehicle occupies the secondary liability, the primary and secondary responsibilities shall be borne by 6:

4 sub-sections; 3. If both parties are non-motorized vehicles or pedestrians, all losses shall be shared in a ratio of 7:3. The insurance compensation method is as follows:

Compulsory traffic insurance compensates for the loss of compulsory traffic insurance, commercial three liability insurance compensates for the loss of insufficient part of the compulsory traffic insurance, commercial vehicle damage insurance compensates the other party for the loss of the vehicle after the compensation is completed, and the commercial vehicle personnel insurance compensates the other party for the injury loss of the insufficient part of the vehicle after the completion of the Pidan. Article 60 of the "Provisions on Procedures for Handling Road Traffic Accidents" stipulates that the traffic management department of the public security organ shall determine the responsibility of the parties according to the role played by the actions of the parties in the occurrence of road traffic accidents and the severity of the faults. (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, neither party is liable.

1. Main Responsibility for Traffic Accidents How Much Losses Should Be Borne The person responsible for the 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. 2. Compensation standards for traffic accident compensation itemsThe compensation standards for traffic accident compensation items mainly include the following three parts:

1. Criteria for distinguishing between rural and urban residents; 2. Compensation standards for road traffic accident compensation items; 3. The compensation standard for the amount of property compensation for road traffic accidents. The Interpretation on Compensation for Personal Injuries implements the principle of comprehensive compensation in terms of compensation items and compensation standards. Among them, the compensation items have been added to the ** fee and the follow-up ** fee, and the "disability compensation" has been replaced by the "living allowance for the disabled".

It is embodied in Articles 17 and 18 of the Interpretation on Compensation for Personal Injury: (1) The compensation items for personal injuries suffered by the victim include: medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.

2) In addition to item 1, the compensation items for the victim's disability due to injury include: disability compensation, disability assistive device expenses, living expenses for dependents, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to ** care and continuation**. (3) The compensation items for the death of the victim include:

In addition to item 1, it also includes compensation for funeral expenses, living expenses for dependents, death compensation, and other reasonable expenses such as transportation expenses, accommodation expenses, and loss of work incurred by the victim's relatives in handling funeral matters. (4) Solatium for mental harm suffered by the victim or close relatives of the deceased.

Regulations on Procedures for Handling Road Traffic Accidents

Article 60. The traffic management department of the public security department shall determine the responsibility of the party according to the role of the party's behavior in the occurrence of road traffic accidents and the severity of the fault.

1) Huaisui who causes a road traffic accident due to the fault of one of the parties shall bear full responsibility;

2) Where a road traffic accident occurs due to the fault of two or more parties, the primary responsibility, equal responsibility and secondary responsibility shall be borne 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, neither party is liable.

If one party intentionally causes a road traffic accident, the other party is not liable.

If a traffic accident is caused by the violation of rules by one party, the party with the violation shall bear full responsibility, and the other party shall not be liable for the traffic accident; If the violations of the two parties jointly cause a traffic accident, the party that plays a major role in the traffic accident shall bear primary responsibility, and the other party shall bear secondary responsibility; If the violation of the rules and regulations in the traffic accident is comparable, the two parties shall bear the same responsibility, and if the violations of the three parties or more parties jointly cause the traffic accident, the responsibility shall be divided according to the role of the respective violations in the traffic accident, and Article 20 and Article 21 of the Measures for the Handling of Road Traffic Accidents respectively stipulate that the method of presumption of responsibility shall be adopted. Where one of the parties has the conditions to report the case, but fails to report the case or fails to report the case in a timely manner, so that the responsibility for the traffic accident cannot be determined, it shall bear full responsibility. Where a party escapes or neglects to destroy, falsify the scene, or destroy evidence, making it impossible to determine responsibility for the traffic accident, they shall bear full responsibility.

2. Determination of primary and secondary responsibility for traffic accidents After investigation, the traffic management department of the public security organ shall determine the responsibility of the parties according to the role of the party's behavior in the traffic accident and the severity of the fault; 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 the parties intentionally destroy or falsify the scene or destroy evidence, they bear 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; If one party intentionally causes a traffic accident, the other party is not liable.