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After the police determine the responsibility and are not satisfied, you can apply for a review. After the compulsory traffic insurance is compensated, the insufficient part shall be compensated according to the liability.
Compensation Refer to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases.
Article 8: Where the legally-designated representatives, responsible persons, or staff of legal persons or other organizations cause harm in the performance of their duties, the legal person or other organization is to bear civil liability in accordance with article 121 of the General Principles of the Civil Law. Where the above-mentioned persons carry out conduct unrelated to their duties and cause harm to others, the perpetrator shall bear responsibility for compensation.
Article 17: Where a victim suffers a personal injury, the person obligated to compensate for all expenses incurred for medical treatment, as well as the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, lodging expenses, hospital meal allowances, and necessary nutrition expenses.
If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.
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If you are talking about the facts, that is, joint injury, the vehicle occupying the road is also liable for compensation.
For injuries like yours that are not too serious, if the bus company has paid for the medical expenses, it is okay to ask for some compensation when appropriate.
Otherwise, you have to go to the road occupancy car, it's not that you take the initiative to violate the rules or something, it's very troublesome.
The accident liability determination will be written very clearly.
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Treat the disease first, and then talk about compensation, and it should be solved within the scope of compulsory traffic insurance!! So as long as the other party is responsible, you don't have to worry about anything!! Just rest assured!!
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The accident should be determined by the traffic police. If it's private, it's up to both parties to negotiate.
Lawyer Zhu Yiping.
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After the liability for a traffic accident is determined, the handling procedures are: civil compensation is required, and civil compensation is generally negotiated by both parties to the accident in the defense bureau, both parties unanimously request the traffic police to mediate, and one party files a civil lawsuit with the people's court where the accident occurred.
[Legal basis].
Article 62 of the Provisions on Procedures for Handling Road Traffic Accidents The traffic management department of the public security organ shall, within 10 days from the date of on-site investigation, make a road traffic accident identification document. In the case of a hit-and-run accident, a road traffic accident certificate shall be prepared within 10 days after the vehicle and driver involved in the traffic accident are seized. Where it is necessary to conduct an inspection or appraisal, a road traffic accident identification document shall be drafted within five days from the date on which the inspection report or appraisal opinion is determined.
The traffic management departments of local public security organs with the capacity may publish road traffic accident certificates on the Internet on a trial basis, but shall keep confidential the state secrets, commercial secrets, or personal privacy involved.
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Legal analysis: in the event of a unilateral traffic accident, the parties shall bear all the responsibility for the accident; If one party deliberately escapes after a traffic accident, the fleeing party bears full responsibility for the accident; Where one party intentionally destroys, falsifies, or destroys evidence after a traffic accident occurs, it bears full responsibility; In the event of a traffic accident at an intersection or road section under the command of the traffic police or controlled by traffic lights, the party that does not follow the instructions of the traffic police or the traffic lights shall bear full responsibility for the accident; Where there is evidence to prove that the parties are speeding, driving under the influence of alcohol, driving in violation of traffic signs, driving without a license, driving on the road in a vehicle that does not meet the safety technical requirements, and other illegal acts that affect traffic safety, they shall bear corresponding responsibility according to the force of their actions on the occurrence of traffic accidents.
Legal basis: Road Traffic Safety Law of the People's Republic of China
Article 87 The traffic management departments of public security organs and their traffic police shall promptly correct road traffic safety violations. The traffic management department of the public security organ and its traffic police shall punish road traffic safety violations on the basis of the facts and the relevant provisions of this Law. If the circumstances are minor and do not affect road traffic, the illegal act shall be pointed out, and a verbal warning shall be given before release.
Article 88 The types of punishments for road traffic safety violations include: warnings, fines, suspension or revocation of motor vehicle driving licenses, and detention.
Article 89 Pedestrians, passengers, or non-motorized vehicle drivers who violate road traffic safety laws and regulations on road traffic shall be given a warning or fined not less than 5 yuan but not more than 50 yuan; If the driver of a non-motor vehicle refuses to accept the fine and punishment, his non-motor vehicle may be detained.
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When determining the responsibility for an accident, it is necessary to have a special accident determination according to the size of the accident. It is a traffic accident person handling department.
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According to what you have stated. It is very likely that the responsibility for this traffic accident was determined to be 55 kai. The main reason is that motor vehicles are insured.
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The first is that the car changes lanes, and there is an error. This in turn causes the motorcycle to lose control and cause a traffic accident. The car is primarily responsible for changing lanes. Motorcycles are secondarily responsible.
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The car suddenly changed lanes, did not carefully observe the road conditions, there was a responsibility for negligence, the motorcycle was too fast, speeding, resulting in too late to react, nervousness and operation errors. There was no collision between the two sides, and there was no major traffic accident, which is fortunately, and in the future, we must pay attention to carefully observe the road conditions, do not speed, and do not drink and drive. This time both parties are responsible, both sides are at fault, the specific division of responsibilities, may be car six, motorcycle four, because reasonable avoidance is necessary, the car did not observe, change lanes, did not reasonably avoid, resulting in speeding motorcycles have no time to react, there is a direct connection.
If the motorcycle is not speeding, then the car is fully responsible. Now, both sides are at fault and both are responsible.
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Hello friends!
According to the situation you explained, you should bear the main responsibility for the accident, according to the "Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China" in the motor vehicle traffic regulations, if there are more than 2 motor lanes in the same direction of the road, the motor vehicle that changes lanes shall not affect the normal driving of the motor vehicles driving in the relevant lanes. You are now a two-way single lane, you implement overtaking such behavior must be more safe for vehicles, the "Regulations" also stipulate: the same direction only 1 motor lane of the road, urban roads are 50 kilometers per hour, highways are 70 kilometers per hour.
Now are you suspected of speeding when overtaking, anyway? Because you've already had an accident overtaking, you're going to be primarily responsible!
If there is evidence in the accident scene map of the on-site traffic police that the other party is responsible for the accident, then you can request a review or file an administrative lawsuit with the court to protect your legitimate rights and interests when you receive an unreasonable determination letter.
It's not clear to me how much of the direct loss of your vehicles was? One situation that you are told about is in a situation where both of you are responsible. The loss within the scope of compulsory traffic insurance is compensated by both of you, so my suggestion is that if the loss of both parties is not large, then you can negotiate and one party bears all the responsibility, so that it is more convenient to deal with the accident in time!
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Whose responsibility is it depends on where the collision point is, and if it is on the right side of the yellow dotted line, you will be considered fully responsible, or primarily responsible.
If the collision point is to the left of the dotted yellow line, it is likely that the same or the other party will be held responsible.
The yellow dotted line in the middle of the road can be used to overtake, but the most basic lane separation must be observed, so it depends on whether the collision point occurs on the left or the right.
However, after all, you are overtaking, and people are driving normally, and they will more or less determine that you are more responsible.
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According to the available evidence, if it is indeed determined that it is the responsibility of the other party, and the final accident determination made by the traffic police force is your responsibility, you can request a review, or file an administrative lawsuit with the court to protect your legitimate rights and interests.
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Both parties are going straight, and the motorcycle hits the right door of the truck, according to the convention: the side hitter is 60% responsible (100% rear-end collision).
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No one here can give you a final reply. This answer can only be decided by the traffic police's letter of responsibility, and the letter of responsibility is meaningless, whether it is on the ** or with that card.
Now let me tell you vaguely, no matter when a big car hits a small car and a small car hits a motorcycle and has a major accident, the big car is mainly responsible, because there is reason outside the law, and the law will only help the weak. Therefore, now that the motorcycle is seriously injured, no matter who is responsible, the car must pay for medical treatment and other expenses.
To answer your first question first, the scope of compensation is specific, medical expenses, nutrition expenses, lost work expenses, mental damage, and disability, if you are more serious, you can also ask for communication expenses, transportation expenses, and other miscellaneous expenses.
If he dies, hangs up, or becomes a vegetative person, this is even more complicated, it depends on the age of the other party, where he lives, as well as his old people and children, so as to determine the specific amount of compensation, these laws will make a list in the same way.
Now there are two aspects to the car to do, both are unspoken rules, the first is to go to the unspoken rules, to see if you can shift all the responsibility on the motorcycle side, although the above said that the car needs to lose money anyway, but whose full responsibility is also affected. In addition, follow the unspoken rules of the insurance company and buy off the people inside, so you can get more claims.
If the driver is just a part-time worker, then you don't care. There's a boss to fight with. You don't have much responsibility.
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Hello, after reading your description and drawings, make the following simple answer.
First, there is the issue of liability. This is within the scope of responsibility of the traffic police, and under normal circumstances, a traffic accident certificate can be issued within 10 days. As for the judgment of responsibility, judging by your description alone, both parties are responsible. Personally, I feel that it is more likely to judge the same responsibility.
Secondly, after the traffic police's accident certificate is issued, the issue of responsibility sharing will be obvious. Here is an example of equal responsibility. If it is determined that it is equivalent liability.
Both parties bear 50% of the responsibility, because the motorcycle is weak after all, there is no way, for the loss caused, the truck party should be compensated, that is, within the range of 50%.
Finally, the problem of countermeasures. Since the traffic police have intervened, it will be dealt with according to legal procedures, and it is recommended to resolve it through litigation, of course, it is better to negotiate. If the other party sues, the insurance company will definitely be listed as a co-defendant.
If there is only compulsory traffic insurance, the compensation limit for death and disability is 110,000 yuan, and the compensation limit for medical expenses is 10,000 yuan. The perpetrator shall compensate for the other deficiencies. In addition, if you are not satisfied with the accident certificate issued by the traffic police, you can apply in writing to the higher department for review and make a new determination.
With that answered, I wish you all the best.
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The lorry will bear most of the blame, after all, there are serious injuries to people on the motorcycle.
The problem in the north and south corners, the truck can't see the motorcycle The motorcycle can't see the truck hitting the right door, so it is estimated that the motorcycle came out first.
If you don't take a speed test on the spot, you don't count speeding.
In the four-no lot, the requirement is to slow down and observe first.
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The truck has a high chance of being held responsible, so the vehicle on the right should go first.
The compensation depends on what insurance you have. Compulsory insurance should be paid first.
It is better to have the injured person sue the truck driver and the insurance company, and the damage will be less.
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2. If one of the motorcycle is dead, it is best for you to be fully responsible for the compensation, good compensation, and understand at one time, of course, it is best to be public (see in the court), if the motorcycle party becomes a vegetative person, the less responsibility you have, the better, but the amount of compensation is best to see the court, in both cases, even if you want to negotiate, you have to call the insurance company to negotiate together (the insurance company has a professional who specializes in dealing with negotiation);
3. The order of compensation, the part of the insufficient compensation of the compulsory traffic insurance shall be compensated by the commercial insurance, and the insufficient part is the compensation of you and the company.
In short, the accident has become bigger, don't worry too much, everything will be handled by the relevant departments, and negotiation may not be a good thing.
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From the above points, there is no obvious fault on the part of the truck driver. Both sides are going straight. It is important to note that the driver of the motorcycle, who was speeding and the front wheel of the motorcycle hit the right side of the truck, is fully or primarily responsible for the accident.
If the motorcycle is mainly responsible, the public security side will also divide the responsibility, for example, the truck should pay 20% responsibility, and the motorcycle should pay 80%, your buddy is estimated to lose people's money, because people are injured and spend a lot of money, and you can't spend much money just to repair the door.
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Is there a speed limit at the intersection, what is the speed of the motorcycle at the time of the accident, and is there no traffic light at this time in the opposite direction?
It is important to contact the local insurance company immediately after an accident to ensure that even if your liability is large, the financial loss will be minimized.
Now the road has no primary and secondary distinction in the traffic rules, there is no traffic light and no yield sign, it is necessary to abide by the right side of the first, before entering the intersection to carefully observe and then pass, to you pass through the intersection does not affect the normal driving of the vehicle on the right, the right vehicle hit you, indicating that you hindered the normal driving of the right, the responsibility is great. The other party's motorcycle was drunk and the vehicle was not inspected on time, and it did not fulfill its obligation to pay attention to safety, so it also has to bear certain responsibilities. There is nothing wrong with this accident, unless the other party is seriously speeding and you can't judge normally, but this kind of evidence is difficult to find.
Lights-controlled intersection turns to go straight is based on the same release signal. It is not the same release signal, it should indeed be the next round of green light to be released, and the car that was released to the first round of green light should be allowed to go first, regardless of turning or going straight at this time. >>>More
1. If there is any objection to the determination of responsibility, a reconsideration should be filed within 3 days, and if the other party does have problems such as speeding or improper measures, there is still hope; >>>More
Can you briefly explain the circumstances of the accident?
Haven't this question been answered, and I'm not at ease. >>>More