How to characterize the death caused by a traffic accident in the factory area? Which department is

The death of a traffic accident in the factory area is a traffic accident and is handled by the traffic police department.

According to Article 97 of the Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China, if a traffic accident occurs outside the road, and the traffic management department of the public security organ receives a report, it shall be handled with reference to the provisions of the Road Traffic Safety Law and these Regulations. Traffic accidents involving vehicles, pedestrians and trains, as well as traffic accidents at ferries, shall be handled in accordance with relevant national regulations.

The police station will definitely issue a death certificate. At the same time, if the compensation cannot be negotiated with the factory, it can apply to the court for arbitration and court litigation, and the court will make a judgment!!

Traffic accidents that occur in the factory area are non-road traffic accidents. Because the factory area is not a road under the traffic safety law. Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China Article 97 If a traffic accident occurs outside the road and the traffic management department of the public security organ receives a report, it shall be handled with reference to the provisions of the Road Traffic Safety Law and these Regulations.

Article 14 of China's "Regulations on Work-related Injury Insurance" stipulates that if an employee has any of the following circumstances, it should be recognized as a work-related injury.

Call the police first to deal with it, and determine whether it is a work-related injury. Please refer to it.

Legal analysis: If a car accident occurs in the factory area, if the social motor vehicle is allowed to pass, it is a traffic accident. The place where the traffic accident occurred must be on the road, and the accident that occurred in the small amusement area is not a road traffic accident.

Although the roads in the community can also be passed, the traffic accident must occur on the highway, urban road, or the place where social vehicles are allowed to pass although it is within the jurisdiction of the unit.

Legal basis: "Road Traffic Management Regulations" Article 2 The term "road" in these regulations refers to highways, city streets and alleys (lanes), as well as public squares, public parking lots and other places for vehicles and pedestrians to pass.

Traffic accidents in the factory area are under the management of the police, and the specific responsibility for traffic accidents is divided by the traffic police, and the traffic police judge Huai Sui according to the cause of the accident. (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 a 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.

(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, the primary responsibility, equal responsibility and secondary responsibility shall be borne 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.

1. Whether a traffic accident in the factory area is a traffic accident.

1. Traffic accidents in the factory area are traffic accidents. The place where the traffic accident occurred must be on the road, and the accident that occurred in the community is not a road traffic accident. Although the roads in the community can also be passed, the traffic accident must occur on the highway, urban road, or a place where social vehicles are allowed to pass although it is within the jurisdiction of the unit.

2. Legal basis: Article 119 of the Road Traffic Safety Law of the People's Republic of China.

For the purposes of this Act, the following terms have the meanings:

1) "Road" refers to highways, urban roads, and places where social motor vehicles are allowed to pass although they are within the jurisdiction of the unit, including squares, public parking lots, and other places used for public traffic.

2) "Vehicle" segment refers to motor vehicles and non-motor vehicles.

3) "Motor vehicle" refers to a wheeled vehicle that is driven or towed by a power unit and driven on the road for personnel or for transporting goods and carrying out special engineering operations.

4) "Non-motorized vehicles" refers to vehicles that are driven by human or animal power and driven on the road, as well as motorized wheelchairs, electric bicycles and other means of transportation for the disabled that are driven by power units but are designed to meet the top speed, empty mass, and external dimensions of the relevant national standards.

5) "Traffic accident" refers to the incident of personal or property damage caused by the fault or accident of the vehicle on the road.

2. What are the elements that should be present to constitute 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 are within the jurisdiction of the unit but allow social motor vehicles to pass. Including squares, public parking lots and other places used for public passage;

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, scratching, rollover, crash, **, fire, etc.;

5. The cause of the situation is man-made. It means that the occurrence of the situation is due to the fault or unexpected behavior of the person involved in the accident (the perpetrator). If it is caused by various natural disasters that people cannot resist, it is not a traffic accident;

6. There must be a harmful consequence. Damage consequences only refer to direct damage consequences and are material losses, including personal and property losses;

7. The psychological state of the party is negligence or other unexpected factors. If the person's mental state is intentional, it is not a traffic accident.