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Legal Analysis: The Road Maintenance Department is responsible. Where managers of public places fail to fulfill their security obligations and cause harm to others, they shall bear tort liability. Therefore, when there are potholes on the road and the car has a flat tire, the driver can ask the road maintenance department to compensate for the loss.
Legal basis: Article 1198 of the Civil Code of the People's Republic of China: Operators or managers of hotels, shopping malls, banks, stations, airports, stadiums, entertainment venues, and other business venues or public places, or organizers of mass activities, who fail to fulfill their security obligations and cause harm to others, shall bear tort liability.
Where damage to others is caused by the conduct of a third party, the third party shall bear tort liability; Where operators, managers, or organizers fail to fulfill their security obligations, they shall bear corresponding supplementary responsibilities. After the proprietor, manager or organizer bears supplementary liability, it may recover compensation from a third party.
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When changing tires, the method of determining responsibility is: the public security organ should be handed over to the management department to 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.
[Legal basis].
Article 60 of the Provisions on Procedures for Handling Road Traffic Accidents shall determine the responsibility of the parties according to the role of the parties' actions in the occurrence of road traffic accidents and the severity of their faults. (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.
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Usually, if the car bursts a tire and hits other vehicles, it is the full responsibility of the owner of the accident, and the insurance company will deduct 20% of the deductible odds, but the car owner can get the full amount of the claim if he buys the deductible insurance. If the tires are aging or know that the tire pressure is not normal or the tire is defective, it belongs to the driver who has not fulfilled reasonable inspection, inspection, road maintenance and other obligations, and must bear a relatively large responsibility. Stepping on the brakes or other factors after a puncture, improper handling, fault and negligence.
Also be responsible.
Is there insurance coverage for car accidents caused by flat tires.
1. In the case of a traffic accident caused by a tire puncture, the insurance company will pay compensation according to the terms of the three-party insurance or the car damage insurance, regardless of whether the car crashes into the roadside or other vehicles;
2. If the insured has a traffic accident in the course of using the insured motor vehicle, resulting in personal or property losses to the victim, the insured shall be liable for damages according to law.
[Legal basis].Article 68 of the Road Traffic Safety Law of the People's Republic of China.
When a motor vehicle breaks down on a highway, it shall be handled in accordance with the relevant provisions of Article 52 of this Law; However, the warning sign should be set up 150 meters away from the direction of the breakdown vehicle, and the personnel on the vehicle should quickly move to the right shoulder or emergency lane, and quickly call the police.
If a motor vehicle breaks down or has a traffic accident on the highway and cannot drive normally, it shall be towed and towed by a rescue vehicle or wrecker.
Article 69.
No unit or individual may stop or inspect vehicles on highways, except for the people's police of public security organs performing emergency duties in accordance with law.
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Legal Analysis: It is not possible to simply say what type of traffic accident a flat tire is. If it is said that the operation after a puncture is done properly and there is no operation error, it is purely a traffic accident caused by a sudden puncture, such a traffic accident is recognized as an accident.
If there is a major mistake or improper operation of the driver after a puncture, it will still be determined that the driver will be buried in a traffic accident caused by improper operation.
Legal basis: Criminal Law of the People's Republic of China Article 133 Whoever violates traffic and transportation management regulations, thereby causing a major accident, causing serious injury or death to a person 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; Gao Chang, who caused death by escaping, was sentenced to more than seven years in prison.
Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents
Article 2: In any of the following circumstances, a person who causes a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention:
1) Where one person is killed or three or more persons are seriously injured, and the person bears full or primary responsibility for the accident;
2) Where three or more people are killed, they bear equal responsibility for the accident;
3) Causing direct damage to public property or other people's property, bearing full or primary responsibility for the accident, and being unable to compensate the amount of 300,000 yuan or more.
Where a traffic accident causes serious injury to one or more persons, and bears full or primary responsibility for the accident, and has any of the following circumstances, it is to be convicted and punished as the crime of causing a traffic accident:
1) Driving a motor vehicle after being drunk or taking drugs;
2) Driving a motor vehicle without driving qualifications;
3) Knowingly driving a motor vehicle with incomplete safety devices or malfunctioning safety components;
4) Knowingly driving a motor vehicle that is unlicensed or has been scrapped;
5) Driving with serious overload;
6) Fleeing the scene of an accident in order to evade legal prosecution.
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1.The driver's first instinct after a flat tire is to apply the brakes. In the event of a puncture, the first thing to do is to stabilize the steering wheel and control the direction!
Then it is to release the accelerator, slowly step on the brake, slowly pull over to stop, and avoid mistaking the accelerator as a brake This is a reaction that many drivers will make in an emergency, and drivers should pay attention.
2.When the tires catch up with the heat.
As the temperature rises, there is a high chance that the car will have a flat tire. Therefore, you should check the tire pressure first, fasten your seat belt at the same time, and drive carefully. Not only does the tire pressure need to be taken seriously, but the tire temperature should not be ignored either, especially in the hot summer or when driving for a long time.
Also, don't put too much stuff in the car, because if the car is overloaded, it will easily cause a puncture.
3.The rear wheel has a flat tire, and the point brake is skillfully used.
There are many front-wheel punctures while driving. In this case, the driver should not panic, hold the steering wheel with both hands, control the vehicle as much as possible, and press the brake pedal, remember not to press the brakes. On the other hand, the front part of the car should not be subjected to too much force, as the punctured front tire will roll unsmoothly and may even fall off the rim.
If the rear wheel blows out, the rear of the car will shake violently and irregularly. It is best to use point brakes, which can move the center of gravity of the car forward, and the tires will not lock up, try to stress the intact front tires and reduce the load on the bursting rear tires. At the same time, be careful not to press the brake pedal too much.
4.Warning lights should be set up for halfway parking.
In the event of a puncture, the driver should set up a warning sign at the rear of the vehicle. Special attention should be paid to the fact that there are many vehicles on the highway and the speed is fast, in order to ensure safety, it is best not to get out of the car and change the tires by yourself, but to call the highway police for help.
Because even if you know how to fix it yourself, don't fix it.
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Vehicle puncture can not be underestimated, the car in the driving for a period of time, must look at the condition of the tire, in the summer the tire should not be overinflated, the tire wear is too serious, to replace the tire in time.
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Slow down at the same time, grasp the steering wheel with both hands, turn in the opposite direction of the puncture, ensure that the vehicle is driving in a straight line, the action can not be large or violent, drive the vehicle into the emergency lane, place a warning triangle 100 to 200 meters behind the car, and turn on the double flash of the car.
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I'm coming to you, how to deal with the problem of a flat tire in a vehicle? I think if the vehicle is going to have a flat tire, we can remove the tire again and add another tire, so that's it.
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There are many reasons for vehicle punctures, first of all, we must buy first-class tires, and when driving, pay attention to slow driving and gradually accelerate, and pay attention not to pull too many things when driving, in addition, we must have time to check the lack of gas in the vehicle and reduce the number of vehicles driving on the road in the hot season, so as not to cause vehicle punctures.
It is more dangerous after a puncture, because the vehicle will lose its balance after a puncture, if it is in the case of high-speed driving, it is easy to have a relatively large accident, especially on the highway, and the general car will cause some major accidents after a puncture. So when we drive, if we encounter a flat tire in a car, don't panic, we must hold the steering wheel tightly.
Causes of car puncture: 1. The air pressure is too low; 2. Excessive inflation; 3. Installation error; 4. Failure to carry out good maintenance and maintenance; 5. Tire wear and aging; 6. The side of the tire is bulging and has burst defects; 7. Violent impact. Measures to prevent flat tires in vehicles: >>>More
Tire pressure will not puncture, but it will cause abnormal tire wear. >>>More
If the tire of the car is punctured, it must be driving. When a tire bursts while the car is running, the first thing to do is not to brake sharply (emergency braking). Because when the vehicle has a flat tire, if the brake is sharp, it is easy for the vehicle to flick and roll over, which will lead to traffic accidents. >>>More
If the rear tire bursts while the vehicle is moving, the driver should keep the car in a straight line by holding the steering wheel with both hands and pressing the brake pedal repeatedly and intermittently. If the punctured front tire is a front tire, the driver should firmly grasp the steering wheel to keep the vehicle straight, do not let the vehicle deviate from left to right, and gently press the brake pedal to avoid too much pressure on the front of the car, causing the tire to disengage. >>>More