-
According to the laws of China, the liability of the fleeing party can be determined in the following ways:
1) When the liability of the parties cannot be determined due to the escape of the parties in the accident, regardless of the actual responsibilities of the parties to the accident, it is assumed that the escaping party bears all the responsibilities;
2) If one of the parties to the accident escapes, the result of the accident is that neither party is responsible, that is, the accident must be borne by the fleeing party;
3) If one of the parties to the accident escapes, the result of the accident is that the fleeing party has committed a safety violation or driving error, and the other party is not at fault, and the fleeing party is fully responsible;
4) If one of the parties to the accident escapes, the result of the accident is that both parties to the accident are responsible, and the liability of the fleeing party is appropriately reduced on the basis of determining the proportion of fault.
According to Article 92 of the Regulations for the Implementation of the Road Traffic Safety Law.
If a party escapes after a traffic accident, the party who escaped bears full responsibility.
However, if there is evidence to prove that the other party is also at fault, the liability may be mitigated. Where the parties intentionally destroy or falsify the scene, or destroy the evidence of their relatives, they bear full responsibility.
-
Legal Analysis: In the case of a traffic hit-and-run, the fleeing party bears full responsibility.
Legal basis: "Provisions on Procedures for Handling Road Traffic Accidents" Article 61 If a party has any of the following circumstances, it shall bear full responsibility:
1) Fleeing after a road traffic accident;
2) Intentionally destroying or fabricating a scene or destroying evidence.
Where a party abandons a car and escapes or absconds and hides in order to evade legal responsibility, if there is evidence showing that the other parties have also made mistakes, they may use the right socks as a mitigation of responsibility, but where there is also evidence proving that the fleeing party has the circumstances in item (2) of the first paragraph, it is not to be mitigated.
-
Legal analysis: Determination of liability for traffic hit-and-run accidents: 1. When the liability of the parties cannot be determined due to the escape of the parties in the accident, it is presumed that the fleeing party bears full responsibility, regardless of the actual responsibility of the parties to the accident; 2. If one of the parties to the accident escapes, the result of the accident is that both parties are not responsible, that is, the accident must also be returned to the shed, and the escaping party shall bear all the responsibilities; 3) If one of the parties to the accident escapes, the result of the accident is that the fleeing party has committed a safety violation or driving error, and the other party is not at fault, and the fleeing party is fully responsible; 4) If one of the parties to the accident escapes, the result of the accident is that both parties to the accident are responsible, and the liability of the fleeing party is appropriately reduced on the basis of determining the proportion of fault.
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, which one can be omitted to reduce the liability.
Where parties intentionally destroy or falsify the scene or destroy evidence, they bear full responsibility.
Article 74 of the Provisions on Procedures for Handling Traffic Accidents defines "traffic hit-and-run" as "the act of driving or abandoning a vehicle to flee the scene of a traffic accident after a traffic accident occurs, in order to evade legal prosecution. >>>More
Pure theoretical blind analysis, don't be surprised if you're wrong... >>>More
Sentencing for the crime of causing traffic accidents: Whoever violates traffic and transportation management regulations, resulting in a major accident, causing serious injury or death, 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; Wait a minute.
Where the conditions for a suspended sentence are met for the crime of causing a traffic accident, a suspended sentence may be given. >>>More