Who s responsible, who s responsible, or are both parties equally responsible?

The accident and related parameters are not explained, and it is impossible to make a correct judgment.

The subject mentioned in the exchange with a friend that the straight-going car is driving in the wrong direction and speeding, which is actually difficult to establish. Because it's entirely possible that it's because of the car that avoids the side road (?). ) and cross the line; I don't know how much speed the subject refers to by "speeding", but it is important to know that on this kind of road, the speed of the car is allowed to reach 70 kilometers per hour.

Guessing from **, it was the car that was hit on the road from the trail (do you still plan to turn left?) ), not confirmed safe. The straight-going car encounters this kind of "ghost probe" and the vehicle cannot avoid it in time. From this point of view, the car that was hit is mainly or wholly responsible.

It is emphasized here that all operations with the characteristics of cross-section road driving (merging, turning, U-turning, crossing) must confirm the situation of the straight lane, and shall not affect the normal passage of vehicles in the straight lane. In the event of an accident, the vehicle in the straight lane is only secondarily liable or not liable.

Both cars are responsible, the straight car changed lanes without lights, went in the wrong direction, and the yellow line of the turning car changed lanes, so both cars are responsible, and the specific police and other traffic police judgment and processing.

Volkswagen is driving normally in the rear, and the car does not press the line, so in this case, the front car merges into the main road from the intersection without doing a pre-check and merges directly into the main road, turning and going straight, resulting in a traffic accident, which is basically determined to be the full responsibility of the front car from **.

I feel that the car in front is fully responsible, because the solid yellow line cannot be turned around,

Legal Analysis: Common but differentiated responsibilities emphasize first and foremost the commonality of responsibilities, that is, on the basis of the integrity of the earth's ecosystem, all countries have a common responsibility to protect the whole world. Vertical joint responsibility means that due to the integrity of the ecosystem, countries have a responsibility to protect the global environment, regardless of their size, wealth and poverty, etc., and should participate in the cause of global environmental protection, and must bear obligations in protecting and improving the environment.

Shared responsibility does not imply "equalization". Although States have a common responsibility to protect the international environment, the burden of this responsibility is different between countries, mainly between developing and developed countries, and the difference is a limitation of shared responsibility. Developed countries should bear greater or more primary responsibility than developing countries.

Legal basis: United Nations Framework Convention on Climate Change

1) Establish the ultimate goal of addressing climate change. Article 2 of the Convention provides:"The ultimate objectives of this Convention, and of any legal instrument that may be adopted by the Conference of the Parties, are:

Stabilize atmospheric concentrations of greenhouse gases at levels that protect the climate system from dangerous anthropogenic interference. This level should be achieved within a time frame sufficient to enable the ecosystem to be sustainable"。

2) Establish the basic principles of international cooperation to address climate change, including:"Common but differentiated responsibilities"Principles, Fairness, Respective Capabilities and Sustainable Development of Royal Rents, etc.

3) Clarify that developed countries should take the lead in reducing emissions and provide financial and technical support to developing countries. Annex I country Parties to the Convention (developed countries and countries with economies in transition) should take the lead in reducing emissions. Annex II countries (developed countries) should provide financial and technical resources to developing countries to help them cope with climate change.

4) Acknowledging that developing countries have a priority need to eradicate poverty and develop their economies. The Convention recognizes that per capita emissions from developing countries will continue to be relatively low, and that their share of global emissions will therefore increase, and that economic and social development and poverty eradication are the first and overriding priorities of developing countries.

Legal Analysis: The main responsibility and full responsibility for traffic accidents are not the same. The main responsibility is to bear 70%-90% of the responsibility for the accident, and the full responsibility is to bear 100%.

In the territory of the People's Republic of China (excluding Hong Kong, Macao and Taiwan), if the insured suffers a traffic accident in the course of using the insured motor vehicle, resulting in personal or property losses to the victim, the insurer shall be liable for damages borne by the insured in accordance with the provisions of the compulsory traffic insurance contract within the following compensation limits:

1) The compensation limit for death and disability is 110,000 yuan.

2) The compensation limit for medical expenses is 10,000 yuan.

3) The compensation limit for property damage is 2,000 yuan.

Legal basis: Article 19 of the Measures for the Handling of Road Traffic Accidents makes a scientific division of responsibility for traffic accidents. That is, if the violation of one party causes a traffic accident, the party who has violated the rules and regulations shall bear full responsibility, and the other party shall not be responsible for the violation of the traffic accident, and if the violation of the party jointly causes the traffic accident, the party that plays a large role in the traffic accident shall bear the primary responsibility, and the other party shall bear secondary responsibility; If the violation plays an equal role in the traffic accident, the two parties shall bear equal responsibility for the defeat.

Legal analysis: The difference between joint liability and joint and several liability is a kind of classification of civil liability according to the number of civil subjects who bear civil liability, that is, two or more civil subjects jointly bear a civil liabilityJoint and several liability means that any responsible person bears all the responsibility and recovers within the person responsible for joint and several liability. This is not the case with shared responsibility.

The details are as follows:

1. The relationship between debts is different;

2. The basis for generation is different;

3. The implication of responsibility is different;

4. Different internal recoveries;

5. Different forms of litigation.

Legal basis: Article 1170 of the Civil Code of the People's Republic of China: Where two or more persons commit acts that endanger the safety of others' persons or property, and the conduct of one or more of them causes harm to others, and the specific infringer can be determined, the infringer is to bear responsibility; Where the specific infringer cannot be determined, the perpetrator bears joint and several liability.

Sole liability: the responsibility of a civil subject independently.

Joint liability: The liability borne jointly by two or more civil subjects.

According to the common relationship between the responsible persons, it can be divided into: share liability, joint and several liability, and supplementary liability.

Share-based liability: The responsible party is the majority, and each party bears responsibility according to the fixed share.

Article 177 of the General Provisions of the Civil Law: Where two or more persons bear proportional liability in accordance with the law, and the size of the responsibility can be determined, each shall bear the corresponding responsibility; Where it is difficult to determine the size of the responsibility, the responsibility is to be borne equally.

Joint and several liability: the responsible party is the majority, and each responsible person bears all the responsibilities to the right holder without dividing the share to the outside world (within the co-liable person, there is still a division of the share of responsibility).

The share of liability of the jointly and severally liable persons shall be determined according to the size of their respective responsibilities; Where it is difficult to determine the size of the responsibility, the responsibility is to be borne equally. The jointly and severally liable persons who are actually liable in excess of their own share of liability shall have the right to recover compensation from other jointly and severally liable persons. (Internally).

Supplementary liability: When the property of the responsible person is insufficient to bear the civil liability for which he or she should be liable, the person concerned shall be liable for the deficiency.

The main significance of distinguishing between share-based, joint and several liability and supplementary liability.

The scope of liability is different. Joint and several liability is to fully protect the rights of the right holder and increase the burden on the responsible person, so the assumption of joint and several liability must be prescribed by law or agreed by the parties.

Paragraph 3 of Article 178 of the General Provisions of the Civil Code: Joint and several liability shall be prescribed by law or agreed by the parties.

Legal analysis: joint liability, joint liability is a classification of civil liability according to the number of civil subjects who bear civil liability, that is, two or more civil subjects jointly bear a civil liability. Two or more persons jointly commit the illegal act and are both at fault, and thus bear joint responsibility for the occurrence of the damage, such as the responsibility of two or more persons to the victim.

Joint liability is a type of classification of civil liability according to the number of civil subjects who bear civil liability, that is, two or more civil subjects jointly bear a civil liability, and joint and several liability means that any responsible person bears all the liabilities and recovers within the person responsible for joint and several liability. This is not the case with shared responsibility.

The law is based on the land basis

Civil Code of the People's Republic of China

Article 307 In the case of creditor's rights and debts arising from jointly owned immovable or movable property, the co-owners enjoy joint and several creditor's rights and bear joint and several debts in their external relations, except as otherwise provided by law or where the third party knows that the co-owners do not have joint creditor's rights and debts; In terms of the internal relationship of the co-owners, unless otherwise agreed by the co-owners, the co-owners shall enjoy the creditor's rights and bear the debts according to their shares, and the co-owners shall jointly enjoy the creditor's rights and bear the debts. A co-owner who repays debts in excess of his or her own share of the balance shall have the right to recover from the other co-owners.

Article 1168 Where two or more persons jointly commit tortious acts, causing harm to others, they shall bear joint and several liability.