Who should be responsible for a traffic accident between a motor vehicle and a non motor vehicle

Generally speaking, traffic accidents between motor vehicles and non-motorized vehicles will be determined in proportion to how many percent you are and how many percent he is.

The responsibility is determined by the traffic police, and what others say doesn't count! Generally, after calling the police, the traffic police will check in detail on the spot, and then issue an accident certificate! There are signatures of both parties and the traffic police, as well as the sharing of responsibility for accidents between the two parties!

If it is serious, the traffic police will coordinate and deal with it, and if the coordination fails, you can go to court to sue according to the accident identification letter!

Legal analysis: motor vehicles and non-motor vehicles bear different responsibilities in the event of a traffic accident, and if a traffic accident occurs between a motor vehicle and a non-motor vehicle, and the non-motor vehicle is not at fault, the motor vehicle shall bear the liability for compensation.

Basis for the return of the law to the spring of the law:

Road Traffic Safety Law of the People's Republic of China Article 90 A motor vehicle driver who violates the provisions of road traffic safety laws and regulations on road traffic shall be given a warning or fined not less than 20 yuan but not more than 200 yuan. Where this Law provides otherwise, punishment is to be given in accordance with the provisions.

1) In the event of a traffic accident between motor vehicles, the party at fault shall bear the responsibility for compensation for the traffic accident, and if both parties are at fault, the responsibility shall be shared according to the proportion of their respective faults

1. If you are primarily responsible, you shall bear 70;

2. If you are equally responsible, you shall bear 50;

3. Those who bear secondary responsibility shall bear 30.

2) In the event of a traffic accident between a motor vehicle and a non-motor vehicle, or between a motor vehicle and a non-motor vehicle driver or pedestrian, the motor vehicle shall be liable for the part exceeding the liability limit; However, if there is evidence to prove that a non-motor vehicle driver or pedestrian has violated road traffic safety laws and regulations, and the motor vehicle driver has taken necessary measures to deal with it, the motor vehicle party shall be liable for compensation in accordance with the following provisions.

1. If the motor vehicle party bears the main responsibility, it shall bear 80;

2. If one party of the motor vehicle bears the same responsibility, it shall bear 60;

3. If the motor vehicle bears secondary liability, it shall bear 40;

4. If the motor vehicle is not responsible, the stove cavity shall bear 10;

5. If a non-motorized vehicle driver or pedestrian is involved in a traffic accident on an urban expressway or highway that prohibits non-motorized vehicles and pedestrians from passing, the motor vehicle party is not responsible for it, and bears 5;

6. If the loss of a traffic accident is intentionally caused by a non-motor vehicle driver or pedestrian, the motor vehicle party shall not be liable;

7. In the event of a traffic accident between a non-motor vehicle driver or pedestrian and a motor vehicle in a stationary state, and the motor vehicle party is not liable for the traffic accident, it shall not be liable for compensation. If the motor vehicle does not participate in the compulsory third-party liability insurance of the motor vehicle, the motor vehicle party shall compensate in full within the minimum insurance liability limit that the vehicle shall insure, and compensate for the part exceeding the insurance liability limit in accordance with the current regulations.

3) In special circumstances, where the party deliberately destroys, falsifies, or destroys evidence, and the party fails to immediately return to the scene after a traffic accident occurs, or fails to report the case in a timely manner in order to protect the scene, or fails to report the case in a timely manner in order to protect the scene, or has the conditions to report the case, so that the basic facts of the accident cannot be ascertained, the party shall bear responsibility for the accident in accordance with the following provisions:

1. If one party commits the above acts, it shall bear full responsibility;

2. If all parties have the above acts, they shall be jointly liable; However, if a traffic accident occurs between a motor vehicle, a non-motor vehicle or a pedestrian, the motor vehicle shall bear the main responsibility for the accident;

3. Except for traffic accidents that can be evacuated from the scene and handled through negotiation in accordance with the law;

4. If the party escapes after a traffic accident: the party who escapes shall bear all the responsibility for the escape of the traffic accident; However, if there is evidence to prove that the other party is at fault, the party who escaped shall bear the main responsibility for the accident.

The specific situation still needs to be analyzed. Therefore, after the occurrence of such a traffic accident, the motor vehicle party is first presumed to bear all the responsibility for the accident, but if the motor vehicle party has evidence to prove that the non-motor vehicle party is at fault, the liability of the motor vehicle party can be appropriately reduced. If there is evidence that the non-motor vehicle party intentionally caused the accident, the motor vehicle party shall not be liable for the accident.

As a high-speed means of transportation, motor vehicles are dangerous to the lives and property safety of pedestrians and non-motor vehicle drivers, and in the event of a traffic accident, the motor vehicle shall bear civil liability; If it can be proved that the damage was intentionally caused by the victim, no civil liability is incurred. Article 76, Paragraph 1, Item 2 of the Road Traffic Safety Law stipulates that in the event of a traffic accident between a motor vehicle and a non-motor vehicle driver or pedestrian, the motor vehicle shall be liable; However, if there is evidence to prove that the driver or pedestrian of a non-motor vehicle has violated road traffic safety laws and regulations, and the driver of the motor vehicle has taken necessary measures to deal with it, the liability of the party returning to the motor vehicle shall be reduced.

Judging from the current development trend of national regulations, some countries have developed from the principle of fault and no-fault adopted in the past to the principle of strict liability, that is, the motor vehicle party shall bear the responsibility for traffic accidents between motor vehicles, non-motor vehicles and pedestrians. However, where there is evidence to prove that non-motorized vehicle drivers or pedestrians have violated road traffic safety laws and regulations, and the motor vehicle drivers have already taken necessary measures to deal with them, the liability may be reduced to reflect the protection of pedestrians and non-motorized vehicle drivers.

In the trial of traffic accident cases, the "Traffic Accident Identification Certificate" produced by the traffic police department is used as an important evidence to determine civil liability, but it is not the only basis. When the traffic police are unable to determine the responsibility for the accident, the court can make a judgment on the facts of the traffic accident and the extent of the party's fault in accordance with the law based on the relevant evidence such as the on-site inspection records and the degree of fault of the parties.

In the event of a traffic accident between a motor vehicle, a non-motor vehicle or a pedestrian, and the non-motor vehicle driver or pedestrian is not at fault, the motor vehicle party shall be liable for compensation, but if there is evidence to prove that the non-motor vehicle driver or pedestrian is at fault, the motor vehicle party shall be liable for compensation in accordance with the following provisions: (1) If the non-motor vehicle driver or pedestrian bears full responsibility for the accident, it shall bear no more than 10% of the compensation liability; (2) If the driver or pedestrian of a non-motor vehicle bears the main responsibility for the accident, he shall bear 30% to 40% of the compensation liability; (3) If the driver of a non-motor vehicle or a pedestrian bears equal responsibility for the accident, he shall bear 60 to 70 percent of the liability for compensation; (4) If the driver or pedestrian of a non-motor vehicle bears secondary responsibility for the accident, he shall bear 80 to 90 percent of the liability for compensation. If the loss of a traffic accident is caused by a non-motor vehicle driver or pedestrian intentionally colliding with a motor vehicle, the motor vehicle party shall not be liable for compensation.