How is the primary and secondary responsibility for traffic accidents divided?

1. Traffic accidents between motor vehicles and non-motor vehicle drivers and pedestrians:

1) If the motor vehicle party is fully responsible for the traffic accident, it shall bear 100% of the compensation liability;

2) If the motor vehicle party bears the main responsibility in the traffic accident, it shall bear 80% of the compensation liability;

3) If the motor vehicle party bears equal responsibility in the traffic accident, it shall bear 60% of the compensation liability;

4) If the motor vehicle party bears secondary liability in the traffic accident, it shall bear 40% of the compensation liability;

5) If the motor vehicle party is not liable, it shall bear 10% of the compensation liability;

6) If a non-motorized vehicle driver or pedestrian has a traffic accident on an urban expressway or highway that prohibits non-motorized vehicles and pedestrians, and the motor vehicle party is not liable, it shall bear 5% of the compensation liability;

7) If the loss of the traffic accident is intentionally caused by the driver or pedestrian of the non-motor vehicle, the motor vehicle party shall not be liable;

8) If a non-motor vehicle driver, pedestrian and a motor vehicle in a stationary state have a traffic accident, and the motor vehicle party has no responsibility for the traffic accident, it shall not be liable for compensation.

2. Traffic accidents between motor vehicles and motor vehicles:

1) If you bear full responsibility for the accident, you shall bear 100% of the compensation liability;

2) If it is primarily responsible, it shall bear 70% of the compensation liability;

3) Bear the same responsibility, bear 50% of the compensation liability;

4) If it bears secondary liability, it shall bear 30% of the compensation liability;

5) If there is no responsibility, it shall not be liable for compensation;

6) If it is a traffic accident and neither party is liable, the liability of both parties shall be determined according to the provisions of the General Principles of the Civil Law and the Judicial Interpretation on Personal Injury Compensation, depending on the specific circumstances;

The primary and secondary liability for traffic accidents should be determined according to the role of the parties' actions in the occurrence of the road traffic accident and the severity of the fault.

1. If a road traffic accident is caused by the fault of one of the parties, it shall bear full responsibility.

2. If a road traffic accident occurs due to the fault of two or more parties, the primary responsibility, equal responsibility and secondary responsibility shall be borne 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.

4. If one party intentionally causes a road traffic accident, the other party is not liable.

5. In the event of a traffic accident between a motor vehicle, a non-motor vehicle or a pedestrian, the motor vehicle party shall be liable for compensation.

6. If there is evidence to prove that a non-motor vehicle driver or pedestrian has violated road traffic safety laws and regulations, and the motor vehicle driver has taken necessary measures to deal with it, the liability of the motor vehicle party shall be reduced according to a certain proportion.

Legal analysis: 1. In traffic accidents involving motor vehicles, non-motor vehicles and pedestrians, the parties to the traffic accident shall bear the main responsibility, the other party shall be primarily responsible for violating the rules and regulations of the parties to the traffic accident, and the other party shall be primarily responsible for violating the rules and regulations of the parties to the traffic accident.

2. In the event of a traffic accident between motor vehicles, non-motor vehicles, and pedestrians, and the parties have the conditions not to report or report in a timely manner, and the basic facts of the accident cannot be ascertained, the motor vehicle parties shall bear the primary responsibility, the non-motor vehicles shall bear the main responsibility, and the pedestrians shall bear secondary responsibility.

3. If motor vehicles, non-motor vehicles and pedestrians do not stop immediately after the traffic accident occurs, and do not protect the scene, and the basic facts of the accident cannot be ascertained, the person involved in the motor vehicle shall bear the main responsibility.

Legal basis: Article 92, Paragraph 2 of the Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China Where a party intentionally destroys, falsifies the scene, or destroys evidence, it bears full responsibility. That is, to bear full liability.

Road Traffic Safety Law of the People's Republic of China Article 76, Paragraph 2 If the damage caused by a non-motor vehicle driver or pedestrian intentionally colliding with a motor vehicle, the motor vehicle shall not be liable for compensation.

The division of primary and secondary responsibilities for traffic accidents shall be divided by the traffic management department of the public security organ according to the role played by the behavior of the parties in the occurrence of road traffic accidents and the severity of the fault. If it is caused by the fault of one of the parties, it shall bear full responsibility; Where two or more parties are at fault, they shall bear primary responsibility, equal responsibility, and secondary liability respectively; Neither party is at fault, and neither party is liable. If one party intentionally acts, the other party is not liable.

Traffic accidents refer to the events of personal or property damage caused by fault or accidents on the road, including motor vehicles and non-motor vehicles. However, not all personal or property losses of vehicles can be called traffic incidents, and must occur on highways, urban roads and places where social motor vehicles are allowed to pass although they are within the jurisdiction of the unit, such as squares, public parking lots and other places used for public traffic.

Legal basisArticle 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 certificate 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.

Regulations on Procedures for Handling Road Traffic Accidents

Article 60 The traffic management department of the public security organ shall, according to the role of the party's conduct in the occurrence of a road traffic accident and the severity of the fault, determine the responsibility of the party. (1) Where a road traffic accident is caused by the fault of one of the parties, full responsibility shall be borne by the party; (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, neither party is liable. If one party intentionally causes a road traffic accident, the other party is not liable.

Article 58 Within five days from the date of determination of the inspection report and appraisal opinion, the traffic management department of the public security organ shall notify the party concerned to collect the detained accident vehicle.

The expenses incurred due to the detention of the vehicle shall be borne by the traffic management department of the public security organ that made the decision, but the traffic management department of the public security organ shall notify the party concerned to collect it, and the parking fee incurred by the party shall bear it within the time limit.

If the parties are notified of the fact that they do not collect the jujube pants after 30 days, and they still do not collect them within three months after the announcement, the impounded vehicles shall be dealt with in accordance with law.

How to divide the primary and secondary responsibilities of traffic accidents? Just want to know. The main responsibility and the secondary responsibility are auspicious, and how much compensation liability each bears. In general, the main liability compensation is 70%. 30% for secondary liability.

It mainly depends on whether there are any violations of the rules in the traffic movement. And who accounted for the big error rate in this accident. The party who is at fault is the main responsibility, and vice versa.

1. For traffic accidents involving motor vehicles, non-imitation motor vehicles and pedestrians, the parties to the traffic accident shall bear the main responsibility, the other party shall bear the main responsibility for violating the rules and regulations of the parties to the traffic accident, and the other party shall bear the main responsibility for violating the rules and regulations of the parties to the traffic accident. 2. In the event of a traffic accident between motor vehicles, non-motor vehicles, and pedestrians, and the parties have the conditions not to report or report in a timely manner, and the basic facts of the accident cannot be ascertained, the motor vehicle parties shall bear the primary responsibility, the non-motor vehicles shall bear the main responsibility, and the pedestrian shall bear secondary responsibility. 3. If motor vehicles, non-motor vehicles and pedestrians do not stop immediately after the traffic accident, do not protect the scene, and cannot ascertain the basic facts of the accident, the motor vehicle party shall bear the main responsibility.

Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China》 Article 92, Paragraph 2 Where a party intentionally destroys, falsifies a scene, or destroys evidence, it bears full responsibility. That is, to bear full liability. Article 76, Paragraph 2 of the Road Traffic Safety Law of the People's Republic of China If the loss of a traffic accident is caused by a non-motor vehicle driver or pedestrian intentionally colliding with a motor vehicle, the motor vehicle shall not be liable for compensation.