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Anonymous users2024-02-06The determination of liability for road traffic accidents is actionable. The determination of liability for traffic accidents is the main basis for punishing the main responsible person, and it is also the basis for the parties to negotiate on compensation and other issues. The nature of the determination of liability for road traffic accidents is an administrative act, and the rights and obligations of the parties have an impact, so it is actionable.
Legal basis: Article 73 of the Road Traffic Safety Law of the People's Republic of China The traffic management department of the public security organ shall, on the basis of the inquest, inspection and investigation of the traffic accident scene and the relevant inspection and appraisal conclusions, make a traffic accident identification certificate in a timely manner, as evidence for dealing with the cause of the traffic incident. The traffic accident determination document shall clearly state the basic facts of the traffic accident, the causes and the responsibilities of the parties, and serve it on the parties.
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Anonymous users2024-02-05The determination of liability for road traffic accidents is actionable. The determination of liability for traffic accidents is the main basis for punishing the main responsible person, and it is also the basis for the parties to negotiate on compensation and other issues. The nature of the determination of liability for road traffic accidents is an administrative act, and the rights and obligations of the parties have an impact, so the traces are actionable.
Legal basis: "Road Traffic Safety Law of the People's Republic of China" Article 73 The traffic management department of the public security organ shall, on the basis of the inquest, inspection and investigation of the traffic accident scene and the relevant inspection and appraisal conclusions, make a traffic accident identification document in a timely manner as evidence for handling the traffic accident. The traffic accident determination document shall clearly state the basic facts of the traffic accident, the causes and the responsibilities of the parties, and serve them on the parties.
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Anonymous users2024-02-04Legal analysis: The presumption of liability has the following circumstances: 1. If the party escapes or deliberately breaks the empty foundation, falsifies the scene, or destroys the evidence, so that the responsibility for the traffic accident cannot be determined, the party shall bear all the responsibility for the accident; 2. If one of the parties has the conditions to report the case but fails to report the case or fails to report the case in time, so that the responsibility for the traffic accident cannot be determined, it shall bear full responsibility; Wait a minute.
Legal basis: "Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China" Article 92 If a party escapes after a traffic accident, the party who escapes shall bear full responsibility. However, if there is evidence to prove that the other party is also at fault, the liability may be mitigated.
Where a party intentionally destroys a lack of scramble, falsifies a scene, or destroys evidence, bears full responsibility.
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Anonymous users2024-02-03The presumption of liability has the following circumstances: 1. If the party escapes or deliberately destroys, falsifies the scene, or destroys evidence, so that the responsibility for the traffic accident cannot be determined, the party shall bear full responsibility for the accident; 2. If one of the parties has the conditions to report the case but fails to report the case or fails to report the case in time, so that the responsibility for the traffic accident cannot be determined, it shall bear full responsibility; Wait a minute.
Article 92 of the Implementation Article 92 of the Road Traffic Safety Law of the People's Republic of China shall bear full responsibility if the party flees after a traffic accident occurs. However, if there is evidence to prove that the other party is also at fault, the liability may be reduced. Where parties intentionally destroy or falsify the scene or destroy evidence, they bear full responsibility.
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Anonymous users2024-02-02Legal analysis: 1. Vehicles in traffic accidents must be stopped immediately, and the parties must protect the scene and rescue the injured and property; 2. After receiving a report, the public security organ shall immediately dispatch personnel to the scene; 3. The parties involved in the search shall truthfully state the circumstances of the traffic accident to the public security organs; 4. The traffic police shall conduct an inquest and inspect the scene of the traffic accident and collect evidence, and may detain the accident vehicle if it is necessary to collect evidence, but shall keep it properly for verification; 5、
The traffic department shall promptly prepare a traffic accident certificate as evidence for handling the traffic accident.
Legal basis: "Road Traffic Safety Law of the People's Republic of China" Article 73 The traffic management department of the public security organ shall, on the basis of the inquest, inspection and investigation of the traffic accident scene and the relevant inspection and appraisal conclusions, make a traffic accident identification document in a timely manner as evidence for handling the traffic accident.
Now the road has no primary and secondary distinction in the traffic rules, there is no traffic light and no yield sign, it is necessary to abide by the right side of the first, before entering the intersection to carefully observe and then pass, to you pass through the intersection does not affect the normal driving of the vehicle on the right, the right vehicle hit you, indicating that you hindered the normal driving of the right, the responsibility is great. The other party's motorcycle was drunk and the vehicle was not inspected on time, and it did not fulfill its obligation to pay attention to safety, so it also has to bear certain responsibilities. There is nothing wrong with this accident, unless the other party is seriously speeding and you can't judge normally, but this kind of evidence is difficult to find.
Under normal circumstances, within 10 days after the accident, the traffic department shall make a traffic accident certificate, and if it is necessary to conduct inspection and appraisal, then a traffic accident liability certificate shall be made within five days after the results are released. >>>More
Haven't this question been answered, and I'm not at ease. >>>More
The general process is on-site treatment, accident responsibility identification, punishment, and organization of mediation: 1. On-site treatment 1. Maintain good road traffic order and organize the rescue of injured people; 2. Find the parties and witnesses of road traffic accidents, and control the suspects; 3. Investigate the scene of the accident, fix, extract or preserve the evidence at the scene; 4. If necessary, the vehicle involved in the accident and the relevant documents of the parties may be detained; 5. Make an appointment with the parties to deal with the accident. 2. The determination of responsibility for the accident shall be made within 10 days from the date of on-site investigation, and if the parties are not satisfied with the determination, they may apply to the traffic police department at a higher level for review within 3 days. >>>More
There is a big difference between a traffic accident in the legal sense and a traffic accident in daily life, and the most confusing thing is that the traffic accident must be a traffic accident on a legal road. Roads built by the countryside and villages, roads formed by natural traffic, roads of residential buildings, internal roads of government agencies and organizations, roads dedicated to factories, mines, enterprises and institutions, and newly built roads that have not yet been put into use are not legal roads. Vehicle accidents on these roads do not fall within the scope of road traffic management, and the public security traffic police department does not have the authority of statutory management. >>>More