In the event of a traffic accident between driving a car and a motorcycle driving without a license,

Updated on Car 2024-03-13
3 answers
  1. Anonymous users2024-02-06

    Legal analysis: First of all, driving without a license is not the cause of the accident and has nothing to do with the determination of accident responsibility. The liability of a driver who drives a motorcycle without a license after a traffic accident shall be determined according to the role played by the actions of both parties to the accident in the occurrence of the road traffic accident and the severity of the fault.

    In addition, for the illegal act of driving a motorcycle without a license, the traffic police department can give administrative punishment in accordance with the "Road Traffic Safety Law".

    Legal basis: Provisions on Procedures for Handling Road Traffic Accidents Article 60 The traffic management department of the public security organ shall determine the responsibility of the parties according to the role played by the party's behavior in the occurrence of the road traffic accident and the severity of the fault.

    1) If a traffic accident is caused by the fault of one of the parties, it shall 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.

  2. Anonymous users2024-02-05

    First of all, driving without a license is not the cause of the accident and has nothing to do with the determination of responsibility for the accident. The liability of a driver who drives a motorcycle without a license after a traffic accident shall be determined according to the role played by the actions of both parties to the accident in the occurrence of the road traffic accident and the severity of the fault. In practice, if the motor vehicle is driving normally without any violations, the motorcycle will generally be held fully responsible, and if the motorcycle is on board and the motor vehicle has violated the rules, it is generally equally liable.

    In addition, for the illegal act of driving a motorcycle without a license, the traffic police department can impose additional administrative penalties in accordance with the provisions of Article 99 of the Road Traffic Safety Law. According to Article 46 of the Regulations on the Handling Procedures for Road Traffic Accidents, the traffic management department of the public security organ shall determine the responsibility of the parties according to the role played by the behavior of the parties in the occurrence of road traffic accidents and the severity of the fault.

    1) If the road traffic incident is caused by the fault of one of the parties, it shall bear full responsibility; (2) Where a road traffic accident occurs due to the fault of two or more parties, according to the effect of their actions on the accident and the severity of the fault, the primary responsibility, equal responsibility and secondary responsibility shall be divided or shared; 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.

  3. Anonymous users2024-02-04

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