Traffic accidents in the community, traffic accidents in the community

Article 76, Paragraph 1 (2) of the Road Traffic Safety Law: 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 the non-motor vehicle is at fault, the liability of the motor vehicle party shall be reduced in accordance with the following provisions: 1

If the driver of the non-motor vehicle or the pedestrian bears secondary liability, the motor vehicle party shall bear 80% of the compensation liability; 2.If the driver of the non-motor vehicle and the pedestrian are equally liable, the motor vehicle shall bear 60% of the compensation liability; 3.If the non-motor vehicle driver or pedestrian bears the main responsibility, the motor vehicle party shall bear 40% of the compensation liability; 4.

If the driver or pedestrian of the non-motor vehicle bears full responsibility, the motor vehicle party shall bear no more than 10% of the liability for compensation.

First of all, it is necessary to see whether the community is closed and whether social vehicles can enter at will, which determines whether the accident is an ordinary personal injury tort case or a traffic accident.

If it belongs to a closed management community, it should not be a traffic accident case, and the traffic police will not participate in the handling. However, if the traffic police do not participate in the handling, they have no right to determine the responsibility for the accident. There is no such thing as "the motor vehicle is solely responsible for traffic accidents in the community", and general personal tort cases should be handled according to the actual situation at the time, and the responsibilities of all parties should be allocated.

If the traffic police are involved in the handling, if it is determined that you bear full responsibility, the corresponding inquest record and accident identification report shall be issued.

Such accidents should be off-road accidents, and according to the provisions of the traffic law, off-road accidents should also be treated as on-road accidents.

Therefore, if the traffic police accept your accident, it is equivalent to saying that the traffic police department has determined that the accident is a traffic accident, therefore, the traffic police must determine the responsibility of both parties according to the fault or illegal behavior of both parties. An accident certificate or accident certificate must be issued. Traffic accidents in the area are all the responsibility of the motor vehicle, and there is no legal basis.

This is a traffic accident, hurry up to the traffic police, the other party is purely nonsense, the principle of dealing with traffic accidents is "people-oriented", and the motor vehicle party has compulsory traffic insurance, the traffic police will not judge the other party not responsible, let the other party take your friend to the hospital for examination (compulsory traffic insurance regardless of the size of the responsibility, if you are responsible, you will be compensated), if your friend's electric car is damaged, the other party also needs to bear the liability for compensation.

Hello. A change in the cause of action is not the cause of the change in the outcome of the case.

Legal analysis: 1. Investigation and evidence collection should be carried out in accordance with road traffic accident cases. On-site investigation of non-road traffic accidents, questioning (interrogation) of witnesses and parties, inspection of vehicles, treatment of the injured and other preliminary treatments can all be carried out in accordance with the handling methods of road traffic accidents.

2. Liability cannot be determined for non-road traffic accidents, and liability cannot be determined, but only the investigation conclusion of the public security organ can be formed, and the investigation conclusion can analyze the cause of the accident and inform the parties that the civil lawsuit should be filed with the people's court for damages.

Legal basis: Article 133 of the Criminal Law of the People's Republic of China Whoever violates the regulations on the administration of transportation and thus causes a major accident, causing serious injury or death to a person or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents

Article 2: In any of the following circumstances, a person who causes a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention: (1) where one person dies or three or more persons are seriously injured and bears full or primary responsibility for the accident; (2) Where three or more people are killed, they bear equal responsibility for the accident; (3) Causing direct damage to public property or other people's property, bearing full or primary responsibility for the accident, and being unable to compensate for an amount of 300,000 yuan or more. Where a traffic accident causes serious injury to one or more persons, and bears full or primary responsibility for the accident, and has any of the following circumstances, it is to be convicted and punished as the crime of causing a traffic accident:

1. Driving a motor vehicle after drinking alcohol or taking drugs; (2) Driving a motor vehicle without driving qualifications; (3) Driving a motor vehicle knowing that the safety device is incomplete or the safety mechanism is out of order; (4) Knowingly driving a motor vehicle without a license or has been scrapped; (5) Driving seriously overloaded; (6) Fleeing the scene of an accident in order to evade legal prosecution.