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After the car is rear-ended, the responsibility is determined by the traffic accident liability certificate issued by the traffic police. and compensation in accordance with the letter of responsibility. Claims after the car was rear-ended, are reasonable.
Division of responsibility for rear-end traffic accidents:
1. In the rear-end traffic accident caused by the rear car hitting the driving front car, the rear car shall bear full responsibility;
2. If the front car has no tail lights at night, the front car bears the secondary responsibility for the accident, and the rear car bears the main responsibility for the accident;
3. After the front car stops on the road and fails to turn on the hazard warning flashing lights and set up warning signs according to the regulations, the front car bears the secondary responsibility for the accident, and the rear car bears the main responsibility for the accident;
4. After the front car stops on the road, the hazard warning flashing lights are turned on and warning signs are set up according to the regulations, and the rear car bears all the responsibility for the accident after the rear-end traffic accident;
5. In the case of a rear-end traffic accident caused by the over-length vehicle in front and the failure to set up obvious warning signs in accordance with the regulations, the vehicle in front bears the secondary responsibility for the accident and the rear vehicle bears the primary responsibility for the accident;
6. In the case of a rear-end traffic accident caused by the front car reversing or slipping into the rear car, the front car shall bear full responsibility for the accident.
1. Retain the on-site recognition responsibility.
Usually in a rear-end accident on a city road, it is basically the rear-end vehicle behind that is responsible. In addition, the rapid resolution of the accident is now advocated, and the vehicle should be evacuated as soon as possible in order not to add traffic jams, but this does not mean that as the rear-end party, you should immediately "clean up the battlefield" and obediently take responsibility, the correct thing to do is to temporarily keep the scene, and get out of the car to confirm with the driver of the car in front of you as follows: whether the brake lights of the car in front are valid (especially at night); Whether the driver of the vehicle in front is suspected of driving under the influence of alcohol; If it is a taxi, does he make an emergency stop on the no-parking section.
If the car in front does have these conditions, then you, as the rear-end party, will have a lot less responsibility on your shoulders. Of course, if there are no such problems, then the responsibility for the accident is quite clear, report to the traffic police and insurance companies as soon as possible, and quickly resolve the accident.
2. Pay attention to prevent secondary accidents.
It is not uncommon to see two vehicles collide or rear-end each other, and the accident is not serious, but the person involved has no intention of removing the vehicle. The vehicles on both sides whizzed by, but the parties swaggered and stood on the road ** "talking", not realizing the potential danger at all.
In fact, this is not only not conducive to public transportation, but also irresponsible for one's own life.
In this case, the correct thing to do is to mark the location of the accident vehicle on the ground with chalk as soon as possible, and then quickly pull over the vehicle. Turn on the vehicle's emergency double flashing lights and place a reflective triangle or reflector as far behind the vehicle as possible and wait for the traffic police to deal with it. If you are on a highway, to be on the safe side, everyone, including the occupants of the vehicle, should also evacuate the highway and wait outside the fence.
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Legal analysis: stop immediately after a rear-end collision, turn on the emergency lights and stop; If there is no personnel ** to answer this and the facts are not disputed, evacuate the scene as soon as possible; If there is a factual dispute and there are personnel, the scene should be protected, the injured should be rescued in time and the police should be called; The traffic police determine the responsibility and contact the insurance company; The car is expensive and badly damaged, and you can apply for depreciation compensation.
Legal basis: Article 43 of the Road Traffic Safety Law of the People's Republic of China For motor vehicles driving in the same lane, the rear vehicle shall maintain a safe distance sufficient from the vehicle in front to take emergency braking measures. In any of the following circumstances, no overtaking is allowed:
1) The vehicle in front is making a left turn, making a U-turn, or overtaking; (B) with the opposite car to have a car can be a potato can be counted to lift the cover; (3) The vehicle in front is a police car, fire truck, ambulance, or engineering rescue vehicle performing an emergency mission; (4) There are no overtaking conditions for passing through railway crossings, intersections, narrow bridges, curves, steep slopes, tunnels, pedestrian crossings, and sections with large traffic flow in urban areas.
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Legal analysis: Rear-end collision refers to the act of colliding with the rear of the rear vehicle and the rear of the front vehicle when a vehicle driving in the same lane is tailgating.
If there is no dispute about the accident, you can negotiate compensation on your own, and if there is a dispute, you can wait for the traffic police to deal with it, and determine the liability for compensation according to the responsibility issued by the traffic police.
Legal basis: Article 17 of the Regulations for the Implementation of the Road Section Traffic Safety Law of the People's Republic of China stipulates: "The traffic management department of the public security organ shall determine the responsibility of the parties involved in the traffic accident according to the role played by the behavior of the parties involved in the traffic accident and the severity of the fault." ”
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Car rear-end collision is handled like this:
1. Call the police and notify the traffic police department.
2. On-site investigation by the traffic investigation and police department;
3. Determination of traffic accident responsibility of the traffic police department;
4. The traffic police department organizes compensation mediation;
5. If they are not satisfied with the mediation results, they shall file a lawsuit with the people's court;
6. The court makes a judgment after trial.
[Legal basis].Article 74 of the Road Traffic Safety Law.
In the case of a dispute over compensation for damages in a traffic accident, the parties may request mediation by the traffic management department of the public security organ, or they may directly file a civil lawsuit with the people's court.
After mediation by the traffic management department of the public security organ, if the parties fail to reach an agreement or fail to perform after the mediation agreement takes effect, the parties may file a civil lawsuit with the people's court.
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How to deal with a vehicle rear-end collision (resolution steps).
1) Immediate parking maintenance on the spot.
2) If it does not lead to an accident, they can also negotiate with each other to solve the hazards and compensation matters, and if there is an accident, they must first treat the injured staff and give a quick alarm.
3) In the case that each other's execution of the accident is true, record the traffic accident, address, news of the car and the defendant's information content, contact information and other detailed information, and sign together to withdraw from the scene, and independently discuss the damage and compensation.
4) If there is any disagreement with each other, a quick alarm should be given.
How to divide the responsibility of the rear car rear-end collision in the front car?
The rear car rear-end car is generally all the rear car bears full responsibility or the same responsibility, the road traffic law clearly stipulates that the rear car must maintain the distance between the rear car and the front car, if the rear car and the front car in the case of maintaining the distance, because the front car violates the provisions and causes the rear-end collision, then the front car is equally responsible, if the rear car does not maintain the distance with the front car, then the rear car is equally responsible, so the rear-end collision is not all the rear car bears full responsibility.
Road Traffic Safety Law.
1. In the rear-end traffic accident caused by the rear car colliding with the front car in the driving car, the rear car bearer will bear all the responsibilities;
2. When the front car has rear taillights at night, the front car bears the primary and secondary responsibility for the accident, and the rear car bears the key responsibility for the accident;
3. If the front car fails to turn on the risk alarm to take pictures and set warning signs in accordance with the regulations after parking on the urban road source, the front car shall bear the primary and secondary responsibility for the accident, and the rear car shall bear the key responsibility for the accident;
4. After the front car is parked on the city road, the risk alarm is turned on and the flash is installed and the warning sign is installed, and the rear car bears all the responsibility for the accident after the rear-end traffic accident;
5. If the vehicle in front is long and the conspicuous warning signs are not set up in accordance with the regulations, the front car shall bear the primary and secondary responsibility for the accident, and the rear car shall bear the key responsibility for the accident;
6. In the case of a rear-end traffic accident caused by the front car steering or rolling and hitting the rear car, the front car bears all the responsibility for the accident.
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