Will the liability of the person who drank together be determined in the traffic accident certificat

1.Forced to persuade a person to drink. Forcing the other party to drink alcohol through intentional drinking, verbal persuasion, etc., and persuading the other party to drink alcohol even when the other party is already drunk or against his will, such a person shall bear corresponding legal responsibility for any consequences that occur to the person who is persuaded to drink;

2.A person who advises the other party to drink alcohol even though he knows that he or she cannot drink alcohol or that drinking alcohol may cause harm to the other party's body shall be held legally liable for the illness caused by the other party's drinking and the harm caused by the drinking;

3.If a traffic accident occurs after drinking together and the drinker is not dissuaded from driving away, the co-drinker shall not only bear the corresponding responsibility for the other party who was injured by the accident.

4.If a person who fails to escort a drunk person safely after drinking together, if the drinker has lost or is about to lose control over himself, and is delirious and unable to control his own behavior, the drinker does not send him to the hospital or safely send him home, so the joint drinker who has an accident shall bear the corresponding legal responsibility.

5.A person who instigates a drinker to drink and drive under the influence of alcohol will not only be liable for civil compensation for the consequences of a traffic accident, but may also be a joint crime of dangerous driving and may be held criminally liable.

6.In the event that the drunk person loses his will, the co-drinker has the obligation to escort him safely, otherwise he will bear the corresponding legal responsibility after the accident.

If an accident is caused by alcohol, the perpetrator of the accident shall bear the responsibility for the accident, and only the responsibility of the person who drank together will not be determined in the traffic accident identification document. Whether or not the person who drinks together is responsible should be determined through other channels.

If a drunk driver causes a traffic accident, what is the responsibility of the people who drink together depends on the specific circumstances:

1. If the person who drinks together tries his best to dissuade the traffic accident caused by the ineffective and insistent drunk driving, the person who drinks together is not responsible;

2. If the person who drinks at the same table knows that drunk driving is illegal, but does not discourage or condone drunk driving and cause a traffic accident, he shall be jointly and severally liable.

What is the traffic accident handling process?

1. Accept and report the case. After receiving the report of the party or other persons, the public security traffic management department shall file the case in accordance with the scope of jurisdiction;

2. On-site processing. After accepting the case, the public security traffic management department immediately dispatched personnel to the scene to rescue the injured and property, investigate the scene, and collect evidence;

3. Determination of responsibility. On the basis of ascertaining the facts of the traffic accident, the public security traffic management department shall make a determination of the traffic accident responsibility of the parties according to the causal relationship between the violation of the accident and the traffic accident, and the size of the role;

4. Adjudication, punishment or concession. The public security traffic management department shall, in accordance with the relevant regulations, give warnings, fines, suspensions, revocation of driver's licenses or detention to the person responsible for the accident;

5. Mediation of damages. For the compensation for personal injuries, deaths and economic losses caused by traffic accidents, in accordance with the relevant provisions and compensation standards, according to the corresponding compensation ratio of the accident responsibility, the public security traffic management department shall convene the parties to mediate. The two parties agree to reach an agreement that the accident mediator will prepare and issue a compensation mediation letter;

6. Filing a lawsuit with the court. If the mediation between the two parties fails within the statutory time limit, the public security traffic management department shall terminate the mediation and issue a letter of mediation conclusion, and the parties shall file a civil lawsuit with the court.

Legal basisArticle 91 of the Road Traffic Safety Law of the People's Republic of China.

Anyone who drives a motor vehicle after drinking alcohol shall have his motor vehicle driver's license suspended for six months and shall be fined not less than 1,000 yuan but not more than 2,000 yuan. Those who are punished for driving a motor vehicle after drinking alcohol and drive a motor vehicle after drinking alcohol again are to be detained for up to 10 days, fined between 1,000 and 2,000 RMB, and have their motor vehicle driver's license revoked.

If a person drives a motor vehicle while intoxicated, the traffic management department of the public security organ shall restrain him until he sobers up, revoke the motor vehicle driver's license, and pursue criminal responsibility in accordance with law; A motor vehicle driver's license may not be re-obtained within five years.

Anyone who drives a commercial motor vehicle after drinking alcohol shall be detained for 15 days, fined 5,000 yuan, have his motor vehicle driver's license revoked, and shall not re-obtain a motor vehicle driver's license for five years.

Anyone who drives a motor vehicle while intoxicated shall be restrained by the traffic management department of the public security organ until he sobers up, and the driver's license of the motor vehicle shall be revoked, and criminal responsibility shall be investigated in accordance with law; A motor vehicle driver's license shall not be re-obtained within ten years, and after the motor vehicle driver's license is re-obtained, a motor vehicle shall not be driven.

If a major traffic accident occurs after drinking alcohol or driving a motor vehicle while intoxicated, and a crime is constituted, criminal responsibility shall be investigated in accordance with law, and the motor vehicle driver's license shall be revoked by the traffic management department of the public security organ, and the motor vehicle driver's license shall not be re-obtained for life.

In most cases, the person who has been involved in the accident is responsible for the loss. However, in the event of forced residual persuasion, malicious persuasion, drunkenness and failure to ensure the safety of the drinker, the co-drinker shall also be liable for compensation.

If the companion has fulfilled the obligation to remind, dissuade, notify the family, take care of, and escort, the companion is not at fault and does not need to be compensated.

The basis of the law of the law of the law].

Article 1181 of the Civil Code provides that if the infringed person dies, his close relatives have the right to request that the infringer bear tort liability. Where the infringed party is an organization, and the organization is separated or merged, the organization that inherits the rights has the right to request that the infringer bear the liability for infringement.

In the event of the death of the infringed person, the person who paid the infringed party's medical expenses, funeral expenses and other reasonable expenses has the right to request the infringer to compensate for the expenses, unless the infringer has already paid such expenses.