Consult Determination of Liability for Traffic Accidents, Urgent Urgent 10

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;

2. The time requirement for reconsideration is relatively tight, and it should be submitted to the competent department at the next higher level within 3 days, so if you think there is a problem, you should take action as soon as possible.

Even if the other party is at fault, you can claim a lot of money for medical expenses, lost work expenses, etc.

used 10,000 yuan in medical expenses, and he had to pay for it all.

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If the other party fails to take the necessary measures, the other party can be equally liable, but the issue of compensation is not much different, and your losses are all borne by the other party's compulsory liability insurance company within the limit of the compulsory liability insurance.

There are thousands of roads, and the first article of safety is the knowledge of the division of responsibility for traffic accidents that must be known for May Day travel.

If you are not satisfied with the determination, you may apply for a review.

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.

According to the traffic accident you described, the answer to the question you asked is as follows:

1.According to the regulations, the vehicle on the right should be allowed to go first, but at that time, there was no main and secondary road at the intersection, there was no traffic light, and the family was about to pass the intersection, and the motorcycle hit the rear of the three-wheeled motorcycle driven by the family, will there be a difference in the determination of responsibility?

Answer: In accordance with Article 48 of the Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China, on roads without central isolation facilities or without a central line, motor vehicles shall comply with the following provisions when encountering vehicles coming from opposite directions: (1) Slow down and drive on the right, and keep the necessary safety distance from other vehicles and pedestrians.

Therefore, when the traffic police conducted an investigation at the scene of the accident, the result of determining responsibility was correct.

2. If I drive a motorcycle without a driving license and am drunk driving, does it have any impact on the determination of responsibility for the accident?

Answer: The determination of accident responsibility and whether the traffic participants have traffic violations and whether they should be punished are two concepts, that is, it does not affect the determination of accident responsibility.

The traffic police have a lot of discretion in this accident, and its handling is mainly based on two laws:

The first is the division of responsibilities. Article 91 of the Regulations for the Implementation of the Traffic Law: "The traffic management department of the public security organ shall determine the responsibility of the parties to 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. ”

The second is the provisions on giving way: Article 52 of the Regulations for the Implementation of the Traffic Law: "When a motor vehicle passes through an intersection without traffic signal control and no traffic police command, it shall also comply with the following provisions:

2) If there are no traffic signs or markings, stop and look out before entering the intersection, and let the oncoming traffic on the right road go first; ”。

In this accident, the other party did not have a driving license and was drunk driving, and according to the regulations, it can only be punished as unlicensed and drunk driving, which does not affect the determination of accident responsibility, but does not rule out the possibility that the traffic police handling the case may determine that the other party is mainly responsible. Therefore, the possibility of the traffic police judging that you are fully responsible, primarily responsible, equally responsible, and secondarily responsible exists, and the key is to look at the understanding of the traffic police handling the case.

If it were me, I would judge the motorcycle party from a fair point of view, but it is beyond reproach to award you from a legal point of view. I don't know if I made it clear.

It is an accident, not a traffic accident, and should be properly compensated. Deal with the aftermath.

If you jump off and are hit by another car, this is a traffic accident.

Driving without a license is not the direct cause of the death of the person who jumped out of the car, and it can be treated as driving without a license. However, if the driver does not take measures such as braking after noticing the abnormality, he or she will be partially liable according to the degree of fault.

You can apply to the court for summary mediation, which is fair to everyone. The traffic police do not have the right to deal with it, it is not a traffic accident.

If it is a kind help, the organizer will bear the responsibility of no fault, and the person who drives without a license will also be liable, because it is driving without a license, and its responsibility should be more than its original responsibility.

As long as the driver is not, knows what happened and does not take some measures to avoid or reduce the damage, the organizer still bears more responsibility.

The helper is injured and the helper is held responsible.

Hehe. True Evil Gate. I hope it's all going well.

It should depend on the situation. First of all, before jumping out of the car, whether there is a situation or if so, slow down or brake. Second, whether the person who set off the firecracker belongs to the hired person, and if so, then the organizer has certain responsibilities.

In general, it is better to negotiate with the family of the accident and, if necessary, let the court intervene to carry out the arbitration.

Measures for the Identification of Traffic Accidents.

1. The party has violated the rules. That is, the parties involved in the traffic accident have violated road traffic regulations, which is commonly known as violations. If there is no violation, it is not a traffic accident.

2. There is a causal relationship between the violation and the result of the damage. If there is a causal relationship between the traffic violation and the traffic accident, the corresponding traffic accident responsibility shall be borne. If the party concerned has not violated the rules or has violated the rules, but there is no causal relationship between the violation and the traffic accident, he shall not be liable for the traffic accident.

3. The extent to which the party's violation of the rules and regulations plays a role in the traffic accident shall determine the extent to which the party should bear the responsibility for the traffic accident. If a traffic accident is caused by the violation of the rules of one party, the party who has violated the rules shall bear full responsibility for the accident. If the violations of the two parties jointly cause a traffic accident, the party that plays a major role in the traffic accident shall bear primary responsibility, and the other party shall bear secondary responsibility; If the violation plays an almost equal role in the traffic accident, the two parties bear equal responsibility.

Where the violations of the three or more parties jointly cause a traffic accident, the responsibility shall be divided according to the role of each party's violation in the traffic accident.

The role of traffic violations in the occurrence of accidents is mainly determined according to the principle of right of way and the principle of safety, and the principle of right of way is the fundamental principle for determining the size of responsibility for traffic accidents.

1) Violating the regulations of each way;

2) Violation of the provisions of the transfer of goods;

3) Violation of other traffic rules;

4) Violating the principle of traffic safety.

According to your description, it should be the division of primary and secondary responsibilities, your friend is the secondary responsibility, the truck is the main responsibility, and the general traffic police division responsibility is biased towards the non-motor vehicle side. However, in terms of compensation, within the scope of the truck's compulsory traffic insurance, it will be fully compensated within the limit, and the commercial insurance company with the truck will compensate according to the proportion of the accident liability. The primary and secondary responsibilities are generally 3 7 open.

If a bicycle, electric bicycle, or tricycle crosses a motorway on a road section, it shall be carried out by getting off the vehicle, and if there is a pedestrian crossing or pedestrian crossing facility, it shall pass through the pedestrian crossing or pedestrian crossing facility; If there is no crosswalk, no pedestrian crossing facilities, or it is inconvenient to use pedestrian crossing facilities, go straight through after confirming that it is safe.

From this point on, your friend has a certain responsibility.

Please report to the police in time, and the traffic police will determine the responsibility.

It should be investigated and collected by the traffic police.

The traffic police have the responsibility to investigate and collect evidence, and under normal circumstances, they will not determine your sister's responsibility for the accident because your sister is a passenger. The determination of liability varies from province to province. I don't know where you can't tell accurately.

Didn't call the police, if the police were called, the traffic police would definitely investigate and make a determination of the accident.

I am very sad to see your post, and I hope that your family can mourn and change.

First of all, your sister is not at fault, and both his co-workers and the big truck driver have a lot of responsibility.

Your sister is not at fault, and I think the driver of the electric car and the driver of the large truck should bear full responsibility in this traffic accident. The 120 theory is responsible, but it's not easy to do.