Under what circumstances does a unilateral accident constitute a hit and run?

The new regulations on hit-and-run penalties, in these 5 cases, "escape" will not be fined, increase knowledge.

The so-called hit-and-run refers to the illegal act of fleeing the scene of an accident in order to escape the legal responsibility after a traffic accident.

For the unilateral traffic accident that occurs, the driver should bear full responsibility for the accident, so if the party leaves the scene without reporting the accident after the unilateral accident occurs without causing losses to the third party, it does not cause losses to the third party, and it is not a hit-and-run.

If a unilateral traffic accident causes property damage to a third party (such as crashing into traffic facilities, road greening, etc.), the driver does not call the police in time after the accident and flees the scene, it is a hit-and-run accident and should bear the corresponding legal responsibility.

According to the provisions of the Road Traffic Safety Law, a hit-and-run after an accident that does not constitute a crime shall be fined not less than 200 yuan but not more than 2,000 yuan, and may be detained for not more than 15 days.

Road Traffic Safety Act

Article 99 Any person who commits any of the following acts shall be fined not less than 200 yuan but not more than 2,000 yuan by the traffic management department of the public security organ:

1) Driving a motor vehicle without obtaining a motor vehicle driver's license, having a motor vehicle driver's license revoked, or during the period when the motor vehicle driver's license has been suspended;

2) Leaving a motor vehicle to be driven by a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or suspended;

3) Fleeing after causing a traffic accident that does not constitute a crime;

4) The motor vehicle is driving more than 50% of the speed limit;

5) Forcing a motor vehicle driver to drive a motor vehicle in violation of road traffic safety laws, regulations, or requirements for safe driving of motor vehicles, causing a traffic accident, which does not constitute a crime;

6) Forcibly passing in violation of traffic control regulations and not listening to dissuasion;

7) Intentionally destroying, moving, or altering transportation facilities, causing harmful consequences, but it does not constitute a crime;

8) Illegally intercepting or detaining motor vehicles, and refusing to heed dissuasion, causing serious traffic obstruction or relatively large property losses.

Where the perpetrator has any of the circumstances in items (2) or (4) of the preceding paragraph, the motor vehicle driver's license may be revoked concurrently; In any of the circumstances in items 1, 3, 5 through 8, they may be detained concurrently for up to 15 days.

Legal Analysis: A unilateral accident is not an escape under any circumstances. Because escape refers to the act of fleeing the scene of an accident in order to avoid legal responsibility.

Unilateral accidents, all the responsibility lies with themselves, and they flee the scene early, and they do not need other Zhongque people to take responsibility, so there is no problem of escape.

Legal basis: Article 112 of the Provisions on Procedures for Handling Road Traffic Accidents The meaning of the following terms in these provisions is: (1) "Traffic hit-and-run" refers to the act of driving or abandoning a vehicle to escape the scene of a road traffic accident and absconding and hiding in order to evade legal responsibility after a road traffic accident occurs.

2) "In-depth investigation" refers to the activities of carrying out extended investigations on the deep-seated causes of road traffic accidents and road traffic safety-related factors, analyzing and finding potential safety hazards and management loopholes, and putting forward opinions and suggestions to solve problems from the source for the purpose of effectively preventing road traffic accidents. (3) "Determination of inspection report and appraisal opinion" refers to the fact that within three days from the date of delivery of the copy of the inspection report and appraisal opinion to the party, the party has not applied for re-inspection and appraisal, and the traffic management department of the public security organ approves the re-inspection and appraisal, and the appraisal agency issues an inspection report and appraisal opinion. (4) "Foreigner" means a person who does not possess Chinese nationality.

5) The term "one day", "two days", "three days", "five days" and "ten days" as used in these provisions refers to working days, excluding holidays. (6) The words "above" and "below" as used in these Provisions include this number. (7) "Traffic management department of public security organs at or above the county level" refers to the traffic management department of the people's public security organs at or above the county level or the traffic management department of the public security organ equivalent to the same level.

8) "Traffic management department of public security organs of cities divided into districts" refers to the traffic management departments of public security organs of cities divided into districts or traffic management departments of public security organs equivalent to the same level. (9) "Public security organs of districted cities" refers to the people's ** public security organs of districted cities or public security organs equivalent to those at the same level.

Traffic accidents are considered hit-and-run situations: there must be a real traffic accident; The state in which the driver knew or should have known about the occurrence of the traffic accident; and the driver's act of driving or abandoning the vehicle to flee the scene of a road traffic accident and absconding and hiding in order to evade legal responsibility.

Article 12 of the Provisions on Procedures for Handling Road Traffic Accidents The meaning of the following terms in these provisions is: (1) "Traffic hit-and-run" refers to the act of driving or abandoning a vehicle to escape from the scene of a road traffic accident and absconding and hiding in order to evade legal responsibility. Article 61 of the "Provisions on Procedures for Handling Road Traffic Accidents" If a party has any of the following circumstances, it shall bear full responsibility:

1) Escape after the occurrence of a road traffic accident; (2) Intentionally destroying or fabricating scenes or destroying evidence. Where parties abandon their vehicles and flee or abscond and hide in order to evade pursuit of legal responsibility, if there is evidence showing that the other parties are also at fault, responsibility may be appropriately reduced, but where there is evidence at the same time showing that the fleeing party has the circumstances in item (2) of the first paragraph, it is not to be mitigated.