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If, as you said, it is naturally mainly or even all forklifts, and you may be at most secondarily responsible for not observing the road in time, but everything will wait for the traffic police to judge! This is just my personal opinion, and I can only do it for your reference.
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It is up to the traffic police and the medical examiner to determine the severity of your responsibility.
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If there is monitoring that proves that this matter has nothing to do with you, then you are not responsible. However, in the end, it should be up to the traffic police to determine responsibility. Just keep the evidence in your favor and don't panic.
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As long as the dashcam of any vehicle can prove that you are innocent, then you have no responsibility.
Of course, the division of responsibility for such incidents should be done by the traffic police.
The most important thing you should do is to find various cameras near the scene of the incident and collect the video data of the incident to prove your innocence.
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In the case, then you have to let the traffic police accident section how to judge? There must be a forensic doctor in the affairs department who must have carried out the autopsy of the elderly, what is the cause of the autopsy? Although he fainted in front of your car, you pressed her body, it also belongs to you, and it belongs to the food and serves a certain responsibility, so you have to wait for the division of the accident department, you have to bear whatever responsibility you should bear, you did not brake in time, causing the death of the elderly, your responsibility is must be borne.
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In this case, you should not be very responsible, after all, you are also driving normally for your own safety. But this still has to be consulted, local. Agencies such as insurance companies.
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If it is ruled out that the old man is suspected of "touching porcelain", then the driver will be mainly responsible no matter how he justifies it, because the driver has not fulfilled his duty of care. If it happens on a non-motorized road or a zebra crossing, the driver is fully responsible. So in the end, it depends on the conclusion of the traffic police after the on-site investigation.
Good luck!
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This depends on the location of the accident, if it is caused at a zebra crossing, the driver is fully responsible, if it is driving normally in the motor lane, the driver should not be responsible.
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If you have a dash cam, this matter will become very simple, you also need to compensate, after all, it is under your car, the accident occurred, if there is no dash cam, some things may not be clear.
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Even if it is a porcelain, as long as the person is dead, the driver's responsibility is still there, and the size of the responsibility should be determined by the traffic police, so the tachograph is very important, as long as the normal driving will not bear the main responsibility, which is improper observation and improper handling.
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Where one person dies and bears primary responsibility, the crime of causing a traffic accident is constituted and a sentence of up to 3 years imprisonment or short-term detention is to be given.
High People's Court.
Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents
Legal Interpretation 2000 No. 33.
Article 1: Where a major traffic accident occurs in violation of traffic and transportation regulations by personnel engaged in transportation or non-transportation personnel, on the basis of clarifying responsibility for the accident, where a crime is constituted, it shall be convicted and punished in accordance with the provisions of Article 133 of the Criminal Law.
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 drinking 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.
Article 3: "Fleeing after a traffic accident" refers to the conduct of the perpetrator fleeing after a traffic accident in order to avoid legal prosecution in any of the circumstances provided for in the first paragraph of article 2 and items (1) through (5) of the second paragraph of this interpretation.
Article 4 In any of the following circumstances, a traffic accident shall be classified as "having other particularly heinous circumstances" and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years
1) Where two or more persons are killed or five or more persons are seriously injured, and they bear full or primary responsibility for the accident;
2) Where six or more people are killed, and 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 for an amount of 600,000 yuan or more.
Article 5: "Death caused by escape" refers to situations where the perpetrator flees to avoid legal prosecution after causing a traffic accident, resulting in the victim's death because they cannot be rescued.
Where, after a traffic accident, the person in charge of the unit, the owner of the motor vehicle, the contractor, or the passenger instructs the perpetrator to escape, causing the victim to die because he cannot be rescued, it is to be punished as an accomplice to the crime of causing a traffic accident.
Article 6: Where, after causing a traffic accident, in order to avoid legal prosecution, the perpetrator takes the victim away from the scene of the accident and hides or abandons it, causing the victim to die or be seriously disabled because the victim is unable to receive assistance, it shall be convicted and punished as the crime of intentional homicide or intentional injury in accordance with the provisions of Criminal Law article 232 and paragraph 2 of article 234, respectively.
Article 7: Where unit managers, motor vehicle owners, or motor vehicle contractors instigate or compel others to drive in violation of regulations and cause major traffic accidents, and have any of the circumstances provided for in article 2 of this interpretation, they are to be convicted and punished as the crime of causing a traffic accident.
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The driver is guilty of a traffic offence.
Traffic accident crime: refers to the criminal act of violating road traffic management regulations, causing serious injury or death, or causing major losses to public or private property, and being investigated for criminal responsibility in accordance with law.
Causing the death of a person and bearing the main or full responsibility falls within the scope of a major traffic accident.
You can't go directly, otherwise it's a hit-and-run and the responsibility is not clear, if there is no evidence to prove that the other party is retrograde, then you are fully responsible. If there is no loss, or neither side is held accountable, it is better to have a written thing.
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