How to determine the subject of responsibility and liability for traffic accident damages

The subject of compensation for motor vehicle traffic accident damages, also known as the person responsible for traffic accident compensation, refers to the person who shall bear the responsibility for compensation for personal injury caused by an accident during the operation of a motor vehicle.

Legal analysis: The main body of responsibility for traffic accident compensation includes: the actual driver of the vehicle and the person; Owners; If it is a unit, the subject of liability for compensation is the unit; In the case of vehicle contracting, the main body of responsibility is the contractor and the employer; The responsible entities for vehicle affiliation include the owner of the vehicle and the affiliated company.

Legal basis: Article 1190 of the Civil Code of the People's Republic of China If the staff of the employer causes damage to others due to the performance of work tasks, the employer shall bear the tort liability for the scattered Zen shed. After the employer bears tort liability, it may seek compensation from the employee who has intentionally or grossly negligently.

During the period of labor dispatch, if the dispatched staff member causes damage to others due to the performance of work tasks, the employing unit accepting the labor dispatch shall bear tort liability; If the labor dispatch unit is at fault, it shall bear the corresponding responsibility.

1. What is the method of determining the subject of liability for traffic accident damages? 1. If a traffic accident occurs due to the unregistered transfer of ownership of the purchased vehicle, the main body of liability for damages is the owner of the vehicle at the time of the accident (the purchaser of the vehicle involved in the accident, that is, the actual owner). 2. In the event of a traffic accident involving a vehicle affiliated to the operation, the main body of responsibility for compensation for damages shall be the road transport operator who actually controls the operation of the vehicle or obtains operating benefits, including the affiliated person (actual owner) and the affiliated unit (registered owner) with supervision and management obligations.

3. In the event of a traffic accident involving a contracted leased vehicle, the main body of compensation shall be the direct infringer (contractor, renter) and the owner of the vehicle at the time of the accident (the person who made the empty date slippery bag and the lessor). 4. In the event of a traffic accident involving the borrowing of another person's vehicle, the liability subject of Yanshi shall be determined according to whether the lender is at fault or not. If the lender (the owner of the vehicle causing the accident) is not at fault, the vehicle is operated by the borrower, and the lender cannot exercise any control over the borrower's behavior and does not obtain any profits, and shall not be liable for compensation.

2. What are the compensation items for traffic accidents? 1. The compensation items for personal injuries suffered by the victim include: medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.

Disability compensation shall be calculated for 20 years from the date of determination of disability according to the degree of incapacity or disability level of the victim, and according to the per capita disposable income of urban residents or per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed. However, if the age is over 60 years old, the age shall be reduced by 1 year for each additional year; If you are over 75 years old, it will be counted as 5 years. 2. In addition to item 1, the compensation items for the victim's disability due to injury include:

Disability compensation, disability assistive devices, living expenses for dependents, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation. 3. The compensation items for the death of the victim include: in addition to the expenses in item 1, it also includes compensation for funeral expenses, living expenses for dependents, death compensation, and other reasonable expenses such as transportation expenses, accommodation expenses, and loss of work incurred by the victim's relatives in handling funeral matters.

4. Solatium for mental damage suffered by the victim or close relatives of the deceased. To sum up, after a traffic accident, the traffic police will investigate the scene to determine the responsibility for the accident. However, the circumstances of the vehicle involved in the accident are different, and if it is the owner of the vehicle, the main body responsible for the damage is the owner of the vehicle.

If you are driving a rental car, the rental company is responsible for the accident. After determining the subject of compensation, the traffic police will delineate the responsibility for the accident, and the victim can claim compensation based on the accident liability determination.

The determination of the subject of liability for road traffic accident damages shall be based on the basic principle or main principle of the operation and control of motor vehicles. Considering that under special circumstances, operational control and operational interests are separated, such as the operational ruler moving, picking up brides, transporting goods, etc., for the benefit of others, if a traffic accident occurs in the process and causes personal and property damage to others, it is obviously unfair for the operator to bear all the liability for compensation, in this case, it is fair and reasonable for the operator to bear the liability for compensation, and the owner of the operation interest or the person who expects the operation interest to bear part of the liability or bear joint and several liability. It is concluded that the determination of the subject of liability for road traffic accident damages is based on the basic principle of motor vehicle operation control, and the ownership of operation interests is a supplementary principle in the case of separation of operation control and operation interests.

The main body of liability for traffic accident damages includes natural and legal persons. The specific determination is based on the facts, with laws and regulations as the criterion, and whoever caused the accident is responsible.

The main body of liability for traffic accident compensation includes the motor vehicle party, including the owner, actual user and controller of the vehicle. When a stolen motor vehicle causes an accident, the robber shall be liable for compensation, and the owner of the motor vehicle shall not be liable.