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The responsibility for traffic accidents shall be determined by the traffic management department of the public security organ. If both parties are at fault for the occurrence of the traffic accident, the responsibility shall be shared in proportion to their respective faults.
Article 91 of the Regulations for the Implementation of the Road Traffic Safety Law stipulates that the traffic management department of the public security organ shall determine the responsibility of the parties involved in 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.
Article 93, the traffic management department of the public security organ shall make a traffic accident identification document within 10 days from the date of the investigation of the scene of the traffic accident that has been inspected and inspected at the scene. Where it is necessary to conduct an inspection or appraisal, a traffic accident identification document shall be prepared within 5 days from the date on which the results of the inspection or appraisal are determined.
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The accident liability letter shall prevail. In the event of a traffic accident on a prohibited road section, the responsibility shall be divided according to the seriousness of the action and fault caused by the road traffic accident caused by the person concerned. If a road traffic accident is caused by the fault of the party, the party shall bear full responsibility.
If a road traffic accident occurs due to the fault of two or more parties, they shall bear primary, equal and secondary responsibility respectively according to the cause of the accident and the severity of their fault.
The traffic management department of the public security organ shall, on the basis of the traffic accident scene inquest, inspection, investigation and relevant inspection and appraisal conclusions, make a traffic accident identification document 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.
Traffic Accident Identification Process:
1.After ascertaining the cause of the accident, the public security organ shall determine the responsibility of the party in the traffic accident on the basis of the causal relationship between the party's violation and the traffic accident, as well as the role of the violation in the traffic accident.
2.Time limit for determining responsibility for traffic accidents: within 5 days for minor accidents; Within 15 days of general accidents; Within 20 days of major or extraordinarily serious accidents. After reporting to the public security traffic management department at the next higher level for approval, it can be extended for 5 days, 15 days, and 20 days respectively.
3.When the public security traffic management department announces the responsibility for a traffic accident, it shall convene all parties to be present at the same time, issue relevant evidence, explain the basis and reasons for determining responsibility, and send the "Road Traffic Accident Liability Determination" to the parties. Refusal to sign may result in a waiver of the right to appeal.
4.The decision to re-determine the liability for traffic accidents is final.
Legal basis
Regulations on Procedures for Handling Road Traffic Accidents
Article 60 The traffic management department of the public security organ shall, according to the role of the party's conduct in the occurrence of a road traffic accident and the severity of the fault, determine the responsibility of the party.
1) Where a road traffic accident is caused by the fault of one of the parties, full responsibility shall be borne by the party;
2) Where a road traffic accident occurs due to the fault of two or more parties, they shall bear primary responsibility, equal responsibility and secondary responsibility 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 traffic accident to be judged by the road, and if it is a traffic accident, none of the parties is liable.
If one party intentionally causes a road traffic accident, the other party is not liable.
Article 61: In any of the following circumstances, a party bears full responsibility:
1) Fleeing after a road traffic accident;
2) Intentionally destroying or fabricating a scene or destroying evidence.
Where parties abandon their vehicles and flee or abscond and hide in order to evade pursuit of legal responsibility, if there is evidence showing that the other parties are also at fault, responsibility may be appropriately reduced, but where there is evidence at the same time showing that the fleeing party has the circumstances in item (2) of the first paragraph, it is not to be mitigated.
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Hello dear, if a traffic accident occurs on a prohibited road section, the responsibility shall be divided according to the role of the party's behavior in the occurrence of the road traffic accident and the severity of the fault. Article 60 of the Provisions on Procedures for Handling Road Traffic Accidents The traffic management department of the public security organ shall determine the responsibility of the parties according to the role played by the behavior of the parties in the occurrence of road traffic accidents and the severity of the fault. 1) Where a road traffic accident is caused by the fault of one of the parties, full responsibility shall be borne by the party; 2) Where a road traffic accident occurs due to the fault of two or more parties, they shall bear primary responsibility, equal responsibility and secondary responsibility 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, neither party is liable.
If one party intentionally causes a road traffic accident, the other party is not liable.
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Legal analysis: If a traffic accident occurs on a prohibited road section, the responsibility shall be divided according to the role of the party's behavior in the road traffic accident and the severity of the fault.
Legal basis: Provisions on Procedures for Handling Road Traffic Accidents Article 60 The traffic management department of the public security organ shall determine the responsibility of the parties according to the role of the party's behavior in the occurrence of the road traffic accident and the severity of the fault.
1) If a road traffic accident is caused by the fault of one of the parties, the state shall bear full responsibility;
2) Where a road traffic accident occurs due to the fault of two or more parties, according to the effect of their actions on the accident and the severity of the fault, they shall bear the primary responsibility, equal responsibility and secondary responsibility respectively;
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.
If one party intentionally causes a road traffic accident, the other party is not liable.
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