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1. After ascertaining the cause of the traffic accident, the public security organ shall determine the responsibility of the party concerned for the traffic accident based on the causal relationship between the party's violation and the traffic accident, as well as the role of the violation in the traffic accident.
2. If a party has violated the rules and has a causal relationship with the traffic accident, it shall be liable for the traffic accident. If the party concerned has not violated the rules or has violated the rules, but there is no causal relationship between the violation and the traffic accident, he shall not be liable for the traffic accident.
3. Traffic accident liability is divided into full liability, primary liability, equal liability, and secondary liability. If a traffic accident is caused by the violation of rules by one party, the party who has violated the rules shall bear full responsibility, and the other party shall not be liable for the traffic accident.
If the violations of the two parties jointly cause a traffic accident, the party that plays a major role in the traffic accident shall bear primary responsibility, and the other party shall bear secondary responsibility; If the violation plays an almost equal role in the traffic accident, the two parties bear equal responsibility. Where all parties have the conditions to report the case but neither of them does so, or fails to do so in a timely manner, so that responsibility for the traffic accident cannot be determined, they shall bear equal responsibility.
4. If the parties are not satisfied with the determination of responsibility for traffic accidents, they may apply to the public security organ at the next higher level for a new determination within 15 days after receiving the determination of responsibility for traffic accidents; Within 30 days of receiving the application for redesignation, the public security organ at the level above shall make a decision to maintain, modify, or revoke it.
5. The determination of responsibility for traffic accidents shall be made within the following time limits from the date of occurrence of the traffic accident: within 5 days of minor accidents; Within 15 days of general accidents; Within 20 days of major or extraordinarily serious accidents. If the traffic accident cannot be determined on time due to the complexity of the traffic accident, it shall be reported to the public security traffic management department at the next higher level for approval, and shall be extended for 5 days, 15 days and 20 days respectively in accordance with the above provisions.
6. After the determination of traffic accident liability is made, a "Road Traffic Accident Liability Determination" shall be prepared. When the public security traffic management department announces the responsibility for traffic accidents, it shall convene all parties to be present at the same time, issue relevant evidence, explain the basis and reasons for determining responsibility, and send the "Road Traffic Accident Liability Determination" to the relevant parties.
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Article 2 of the "Self-Withdrawal Measures" makes relatively clear provisions on the determination of accident liability, and one party bears full responsibility: in the event of an accident in the rendezvous car, the party that crosses the center line bears full responsibility; The rear-end collision accident is fully responsible for the rear vehicle; In case of violation of vehicle traffic management regulations, the party who clearly violates the traffic violation shall bear full responsibility. Situations in which both parties are equally responsible:
Both parties are equally liable for obvious or no obvious traffic violations, and mutual compensation shall be implemented within the limit of the compulsory traffic insurance, and each shall bear 50% of the excess of the limit of the compulsory traffic insurance.
Article 2 of the "Self-Withdrawal Measures" makes relatively clear provisions on the determination of accident liability, and one party bears full responsibility: in the event of an accident in the rendezvous car, the party that crosses the center line bears full responsibility; The rear-end collision accident is fully responsible for the rear vehicle; In case of violation of vehicle traffic management regulations, the party who clearly violates the traffic violation shall bear full responsibility. Situations in which both parties are equally responsible:
Both parties are equally liable for obvious or no obvious traffic violations, and mutual compensation shall be implemented within the limit of the compulsory traffic insurance, and each shall bear 50% of the excess of the limit of the compulsory traffic insurance.
Two vehicles make a U-turn and collide at the same time, and the "Self-Withdrawal Measures" apply. In an accident, both parties are in a cross-line U-turn at the time of the car accident, and both have violations, which is suitable for the situation where both parties are equally responsible, and they are jointly responsible for mutual compensation.
Good Lawyer Network Reference.
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1. How to determine the responsibility for the collision between two vehicles.
1. The method of determining the liability for the collision between two vehicles is as follows:
1) The traffic management department of the public security organ shall determine the responsibility of the party according to the role of the party's behavior in the occurrence of road traffic accidents and the severity of the fault;
2) None of the parties is at fault for causing the road traffic accident, and if it is a traffic accident, none of the parties is liable.
2. Legal basis: Article 60 of the Provisions on Procedures for Handling Road Traffic Accidents.
The traffic management department of the public security organ shall, according to the behavior of the parties play a role in the occurrence of road traffic accidents and the severity of the fault, determine the responsibility of the parties.
1) Where a road traffic accident is caused by the fault of one of the parties, it shall bear full responsibility for delay;
2) Where a road traffic accident occurs due to the fault of two or more parties, they shall bear primary responsibility, equal responsibility and secondary responsibility respectively according to the effect of their actions on the accident and the severity of the fault;
3) None of the parties is at fault for causing the road traffic accident, and if it is a traffic accident, none of the parties is liable.
If one party intentionally causes a road traffic accident, the other party is not liable.
2. What is the traffic accident handling process?
1. Accept and report the case. After receiving the report of the party or other person, 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 traffic management department of the public security shall make a determination of the responsibility of the parties involved in the traffic accident according to the causal relationship between the violation of the accident and the traffic accident, and the magnitude of the effect.
4. Adjudication and punishment. The public security traffic management department shall, in accordance with the relevant provisions, 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 parties agree to reach an agreement that the accident mediator will prepare and issue a mediation letter for damages.
6. Filing a lawsuit with the court. If the mediation between the two parties fails within the statutory time limit, the public security traffic code pure communication management department terminates the mediation, and issues a letter of mediation conclusion, and the parties file a civil lawsuit with the court.
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1. In the rear-end traffic accident caused by the rear car hitting the driving front car, the rear car shall bear full responsibility;
2. At night, the front car has no tail lights, and the rear-end traffic accident is formed, the front car bears the secondary responsibility for the accident, and the rear car bears the main responsibility for the accident.
What are the elements that should be present for a traffic accident?
1. It must be caused by a vehicle. Vehicles include motor vehicles and non-motor vehicles, and traffic accidents cannot be constituted without vehicles, for example, collisions between pedestrians and pedestrians in the course of travel do not constitute traffic accidents;
2. It happened on the road. Roads refer to highways, urban roads and places that allow social motor vehicles to pass although they are within the jurisdiction of the unit, including squares, public parking lots and other places used for public traffic;
3. Occurs in motion. It refers to the event that occurs in the process of driving or parking, if the vehicle is in a complete stop state, the pedestrian takes the initiative to collide with the vehicle or the passenger gets on and off the car in the process of crowding, falling, and ** accidents, it is not a traffic accident;
4. Something happened. It refers to one of the phenomena such as collision, crushing, scraping, overturning, crashing, rubber explosion, and fire;
5. There must be damage to the consequences. Damage consequences only refer to direct damage consequences and are material losses, including personal and property losses.
Legal basisArticle 60 of the Provisions on Procedures for Handling Road Traffic Accidents.
The traffic management department of the public security organ shall determine the responsibility of the party according to the role of the party's behavior in the occurrence of road traffic accidents and the severity of the fault.
1) Where a road traffic accident is caused by the fault of one of the parties, bear full responsibility;
2) Where a road traffic accident occurs due to the fault of two or more parties, they shall bear primary responsibility, equal responsibility and secondary responsibility respectively according to the effect of their actions on the accident and the severity of the fault;
3) None of the parties is at fault for causing the road traffic accident, and if it is a traffic accident, none of the parties is liable. If one party intentionally causes a road traffic accident, the other party is not liable.
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.
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