Who is responsible for a pedestrian who does not walk on the sidewalk at night and is hit by a norma

1.It also depends on whether the road has a sidewalk: if the road is marked with a sidewalk, pedestrians should walk in the sidewalk, and if they walk on a non-motorized lane or motorized lane, they need to bear part of the responsibility.

2.If there is no sidewalk on the road, pedestrians should walk on both sides of the road, in which case pedestrians do not drive in the wrong direction, according to the provisions of the Road Traffic Safety Law, wrong-way driving is for both motor vehicles and non-motor vehicles. In this case, if a pedestrian is hit by an electric vehicle while walking on both sides of the road, the pedestrian is basically not responsible.

If the section of the road is not divided into sidewalks, then pedestrians walking on both sides of the road and being hit by electric vehicles should be the responsibility of electric vehicles.

At night, pedestrians do not take the sidewalk and go in the wrong direction, and are hit by electric vehicles, both parties are responsible, pedestrians violate the regulations, and electric vehicles have certain responsibilities due to insufficient observation of pedestrians, and the responsibility should be borne by electric vehicles 60% and pedestrians 40%.

Well, my brother also said that pedestrians account for the main responsibility, although pedestrians and pedestrians account for the main responsibility, you also have to account for part of the responsibility, there are regulations on the division of responsibility, motor vehicles on the road to occupy the responsibility, your electric car and motorcycles are the same, you go up to the pedestrians, whether you are reasonable or not, you have to account for a part of the responsibility, but the division of responsibilities is different, like your case, pedestrians belong to the retrograde, do not take the sidewalk belongs to the pedestrian is the main responsibility, you account for a less, do not comply with the responsibility, it is best to deal with it through the accident department, How exactly is it divided? Divide the responsibilities, that's the most reasonable.

Now the state advocates that vehicles give way to pedestrians, and pedestrians who go in the wrong direction do not have a large responsibility for taking zebra crossings, but in the event of traffic accidents, electric vehicles should also bear the pedestrians' **, medical expenses, etc.

It must be a person who is going in the wrong direction, and the violation is the main cause of the accident in the first place.

That's the problem of pedestrians, if it doesn't work, call the police.

Legal analysis: the owner of the electric vehicle bears the main responsibility, and the general electric vehicle bears 60% of the accident responsibility; The other party bears secondary responsibility and bears 40% of the responsibility for the accident. However, the specific situation requires the traffic police to make a judgment based on the severity of the accident, the characteristics of the vehicles of both parties, and the specific fault.

Legal basis: Article 89 of the Road Traffic Safety Law of the People's Republic of China Pedestrians, passengers, and drivers of non-digital motor vehicles who violate the laws and regulations on road traffic safety shall be given a warning or a fine of 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, he or she may detain the non-motor vehicle.

It is necessary to make specific conclusions based on the investigation and inspection of the accident scene by the traffic police.

According to Article 73 of the Road Traffic Safety Law, the traffic management department of the public security organ shall, on the basis of the inquest, inspection and investigation of the traffic accident scene and the relevant inspection and appraisal conclusions, make a traffic accident identification certificate in a timely manner as evidence for handling the traffic accident. The traffic accident determination document shall clearly state the basic facts of the traffic accident, the causes and the responsibilities of the parties, and serve them on the parties.

Who is fully responsible for being hit by an electric vehicle sidewalk in the wrong direction depends on the specific situation, and the specific situation is as follows:

1. If the driver or pedestrian of the non-motor vehicle is not at fault, the motor vehicle party shall bear all the liability for compensation;

2. If the driver or pedestrian of the non-motor vehicle Wuchang is at fault, the liability of the motor vehicle party shall be appropriately reduced according to the degree of fault;

3. If the motor vehicle party is not at fault, it shall bear no more than 10 compensation liabilities;

4. If neither the victim nor the motor vehicle is at fault for the occurrence of the traffic accident, both parties shall share the loss;

5. If the traffic accident is intentionally caused by a non-motor vehicle driver or a pedestrian accompanying a pedestrian, the motor vehicle party shall not be liable for compensation.

What is the claims process after a car accident.

1. Report the case in a timely manner, call 122 to report to the police immediately after the occurrence of an insurance accident**, and report to the insurance company within 24 hours;

2. Assist in the investigation and assessment of damages, after receiving the report, the insurance company will quickly send someone to conduct an on-site investigation, determine the size of the loss, and issue an investigation report;

3. Submit claim documents;

4. Compensation review, the insurance company will make a conclusion on whether to compensate and how much to compensate according to the terms of the auto insurance contract, the claim documents submitted by the customer, the survey report provided by the surveyor and the company's relevant claim settlement regulations;

5. To receive compensation, the insurance company shall notify the insured to go through the procedures for receiving the compensation according to the conclusion of the claim for the accident that belongs to the insurance liability.

Legal basisArticle 1213 of the Civil Code of the People's Republic of China.

If the damage caused by a traffic accident of a motor vehicle is the responsibility of one of the parties to the motor vehicle, the insurer underwriting the compulsory insurance of the motor vehicle shall first compensate within the limit of the liability of the compulsory insurance; For the shortfall part, the insurer underwriting the commercial insurance of motor vehicles shall compensate in accordance with the provisions of the insurance contract; If it is still insufficient or has not taken out commercial insurance for motor vehicles, the infringer shall compensate for it.

If a pedestrian hits an electric vehicle without looking at the road, the liability of the party shall be determined according to the role of the party's behavior in the occurrence of the road traffic accident and the severity of the fault.

However, in the event of a traffic accident between a motor vehicle and a pedestrian, the motor vehicle shall be liable for compensation without fault; If there is evidence to prove that the pedestrian is at fault, the liability of the motor vehicle party shall be appropriately reduced according to the degree of fault; If the motor vehicle party is not at fault, it shall bear no more than 10% of the liability for compensation.

Electric car hit, also belongs to traffic accidents, should be reported to the police in time, first by the traffic police to determine the responsibility for the accident, and then by the two parties according to the traffic police to determine the responsibility for compensation negotiation, if the two sides can not negotiate, you can sue the court for compensation.

The main compensation items are: medical expenses, lost work expenses, hospital meal subsidies, nursing expenses, nutrition expenses, transportation expenses, accommodation expenses, etc., if the injured person is disabled, disability compensation, mental solace and disability assistive device expenses should also be compensated according to the level of disability.

Pedestrians who bear responsibility for accidents when they are hit on a motorway:

According to the Road Safety Law, pedestrians are not allowed to enter the motorway except when the green light of the crosswalk is green.

If the main fault of the incident is the pedestrian, and the motor vehicle is also driving in violation of the regulations and the signal signal, then the motor vehicle driver bears the main responsibility.

If the main fault of the incident is the pedestrian, and the motor vehicle is not driving in violation of the relevant regulations and the signal lights, then the driver of the motor vehicle bears 50% responsibility;

If neither party is responsible, then the driver of the motor vehicle is liable for humanitarian liability and compensation for the cost of medical and work-related injuries to pedestrians.

Legal basis

Road Traffic Safety Law of the People's Republic of China

Article 74 In the case of a dispute over compensation for damages caused by a traffic accident, the parties may request mediation by the traffic management department of the public security organ, or 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 do not perform after the mediation agreement takes effect, the parties may file a civil lawsuit with the people's court.

There is a need to distinguish between different situations. Whether it was hit on a non-motorized road, and whether the speed of the electric vehicle was illegal. If there is no violation and it is not a sidewalk, it is the responsibility of the pedestrian. If the electric vehicle also has a violation, the electric vehicle should also be jointly and severally liable.

Legal basis: Article 57 of the Road Traffic Safety Law Driving a non-motorized vehicle on the road shall comply with the relevant traffic safety regulations. Non-motorized vehicles shall drive in non-motorized lanes; On roads where there are no non-motorized lanes, you should drive on the right side of the roadway.

Article 58 of the Road Traffic Safety Law The maximum speed of motorized wheelchairs and electric bicycles for the disabled shall not exceed 15 kilometers per hour when driving in non-motorized lanes.