Traffic Accident Act Liability assumed Law

1. What is the responsibility of the motorcycle driver determined by the traffic processing department? If the cyclist also violates the rules, the cyclist is liable for compensation.

2. If the owner of the deceased's motorcycle is not himself, then the actual owner of the motor vehicle is seriously at fault and is jointly and severally liable for compensation if he hands over the motor vehicle to a drunk or person without a driver's license.

3. The two passengers are responsible for taking a motor vehicle driven by a drunk person with knowledge.

4. If the deceased is a minor or incapacitated for voluntary behavior such as illness or mental retardation, his guardian (who can not be his father) is liable for compensation, and the 2 people who ride and 1 person in ** should be liable for compensation if they have the capacity for independent behavior.

5. If the deceased has the ability to act independently, 1 person of ** and 5 people waiting for the car to be repaired - if there is no illegal forcing of the deceased to come, the deceased is responsible for the consequences of his actions.

Subservient responsibility. Because it is illegal to cause an accident while driving under the influence of alcohol, the deceased was a motorcycle driver, and the main responsibility for the accident lies with himself.

As far as traffic accidents are concerned, it is illegal for a motorcycle driver to drive a vehicle under the influence of alcohol and carry overcrowding, and he bears full responsibility for the accident.

From a judicial point of view. The person who hit ** knew that he could not drive a vehicle after drinking, and deliberately deceived him to come out, causing him to cause an accident, and should bear some responsibility, and others should not bear legal responsibility.

Legal analysis: Traffic accident liability refers to the fault liability of the public security traffic management department according to whether the party involved in the traffic accident has a traffic violation, whether there is a causal relationship between the traffic violation and the consequences of the traffic accident, and other objective circumstances. The traffic management department of the public security organ shall determine the responsibility of the party according to the role of the party's behavior in the occurrence of road traffic accidents and the severity of the fault.

Legal basis: Article 133 of the Criminal Law of the People's Republic of China Whoever violates the laws and regulations on the administration of transportation, thereby causing a major accident, causing serious injury or death, or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

Article 101 of the Road Traffic Safety Law of the People's Republic of China If a major traffic accident occurs in violation of the provisions of road traffic safety laws and regulations, and a crime is constituted, criminal responsibility shall be investigated in accordance with law, and the motor vehicle driver's license shall be revoked by the traffic management department of the public security organ. If a person escapes after causing a traffic accident, the traffic management department of the public security organ shall revoke the motor vehicle driver's license, and shall not re-obtain the motor vehicle driver's license for life.

Legal analysis: 1. If a road traffic accident is caused by the fault of one of the parties, it shall bear full responsibility. 2. If a road traffic accident occurs due to the fault of two or more parties, the primary responsibility, equal responsibility and secondary responsibility shall be borne respectively according to the effect of their actions on the accident and the severity of the fault.

3. None of the parties is at fault for causing the road traffic accident, and if it is a traffic accident, none of the parties is liable.

Legal basis: Civil Code of the People's Republic of China

Article 1208 Where a motor vehicle is involved in a traffic accident and causes damage, it shall be liable for compensation in accordance with the Road Traffic Safety Law and the relevant provisions of this Law.

Article 1209 Where the owner, manager and user of a motor vehicle are not the same person due to leasing or borrowing, etc., and the damage caused by a traffic accident is the responsibility of one of the parties to the motor vehicle, the user of the motor vehicle shall be liable for compensation; If the owner or manager of the motor vehicle is at fault for the occurrence of the damage, he shall bear the corresponding liability for compensation.