If a pedestrian dies in a car accident, where is the collision point between the person and the vehi

Ask to see the video materials at the time, and ask the other party to pay more compensation in terms of compensation, because the car is responsible for the traffic accident of people and cars.

You may not be aware of the mystery.

First of all. The accident handling is divided into two parts: civil compensation and administrative (criminal) punishment.

As far as the civil compensation part is concerned, the compensation result for the deceased in this case is the same from secondary liability to full liability of the motor vehicle party. Because the compulsory traffic insurance is fully compensated within the limit of 110,000, regardless of the proportion of liability. (For details, see Article 76 of the Road Traffic Safety Law).

However, for the administrative (criminal) punishment part, there is a big difference. Because according to Article 133 of the Criminal Law, the main responsibility + the death of 1 person constitutes the crime of causing a traffic accident, and criminal responsibility can be investigated, that is, a false sentence of less than 3 years.

Therefore, in the handling of accidents, the motor vehicle party strives not to exceed the "equal" or more responsibility. In this way, criminal penalties can be avoided and only less administrative penalties will be incurred.

You have 2 options for this:

1. Anyway, there is a lot of civil compensation, and the other party is put a yard.

2. According to the provisions of Article 51 of the "Regulations on the Procedures for Handling Road Traffic Accidents": if there is any objection to the "Accident Responsibility Determination", an application for review shall be submitted to the higher traffic police department within 3 days. Otherwise, it will be deemed to be agreed, whether you sign it or not.

From what I know about the car's performance, it must have been more than 60 yards at the time! There is a black box operation in the middle, and the traffic police verification site is not standardized! Send the relevant materials to the Commission for Discipline Inspection, where to make it clearer!

What is the responsibility of the vehicle to the death of a pedestrian crossing the road while driving normally, and the other party is responsible, depending on the situation.

According to the relevant regulations, the pedestrian is mainly responsible for 70%, and the vehicle owner is responsible for the secondary responsibility of 30%. The specific responsibility shall be subject to the traffic accident liability determination issued by the traffic police. Determination of traffic accident liability refers to the act of determining the traffic accident liability of the parties after the public security organs have ascertained the cause of the traffic accident based on the causal relationship between the party's violation and the traffic accident, as well as the role of the violation in the traffic accident.

The traffic management department of the public security organ shall, according to the behavior of the parties play a role in the occurrence of road traffic accidents and the severity of the fault, determine the responsibility of the parties, due to the fault of one of the parties resulting in road traffic accidents, bear full responsibility, the following 16 circumstances will usually be determined as full responsibility as follows:

1. Rear-end collision with the vehicle in front of the collision;

2. Accidents occur when changing lanes;

3. Traffic accidents occur after reversing or slipping;

4. Scraping from off-road or non-motorized lane into motorized lane;

5. The green light is released or the turning vehicle at the intersection without signal light control does not give way to the straight car;

6. The vehicle entering the roundabout does not give way to the vehicle driving out or driving in the roundabout;

7. An accident occurs across the solid line in the center of the road or the solid line in isolation;

8. Driving in the opposite direction;

9. A traffic accident occurs when overtaking on the right side;

10. Scratching occurs when overtaking a vehicle in front of normal U-turn, left turn, or overtaking;

11. Traffic accidents occur when running a red light;

12. Traffic accidents occur in places where U-turn signs and markings are prohibited, as well as in crosswalks, bridges, steep slopes, and tunnels;

13. Colliding with a vehicle that can be suspended or parked in accordance with the law;

14. Causing a traffic accident by opening and closing the car door;

15. When a motor vehicle enters or exits a parking lot or parking space, it has an accident with a normally running vehicle;

16. Unilateral traffic accidents.

If 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;

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.

Article 45 of the Provisions on Procedures for Handling Road Traffic Accidents The traffic management department of the public security organ that receives the notification of the investigation shall immediately arrange for interception or investigation. Where a traffic hit-and-run vehicle or a suspect vehicle is discovered, it shall be detained, and the person involved in the traffic hit-and-run or the suspect consistent with the investigation report shall be summoned in accordance with law, and the traffic management department of the public security organ at the place where the case occurred shall be promptly notified of the relevant circumstances. The traffic management department of the public security organ at the place where the crime occurred shall immediately dispatch traffic police to handle the handover.

According to the regulations, if a traffic accident occurs between a motor vehicle and a non-motor vehicle or pedestrian, the motor vehicle party shall bear full responsibility, and if there is evidence to prove that the non-motor vehicle or pedestrian has violated the law, the liability of the motor vehicle party may be reduced. If it is just a general traffic accident, and you have purchased a motor vehicle to transport insurance, your loss should not be very large, it is recommended that you give up the reconsideration of responsibility, if it constitutes a major traffic accident, it is recommended that you must apply for reconsideration, because this will have a great adverse impact on your driver's license.

There is no regulation, under normal circumstances, such pedestrians who do not cross the road from the crosswalk have to bear part of the responsibility, and the specific amount depends on the grade of the road and the on-site investigation.

But your case is already involving the military, so it's hard to say. If the loss is not big, your insurance is complete, it is recommended not to fight, because the compensation is first paid in full within the amount of compulsory traffic insurance, death and disability 110,000, medical treatment 10,000, property 2,000 yuan, the insufficient part and then according to the proportion of responsibility, the other party is a pedestrian, according to the responsibility of 10% less, if the other party is responsible, only bear the insufficient part of 20%.

Hello, a traffic accident resulted in the death of one person,Accounts for the main responsibilityand sentenced to up to three years imprisonment or short-term detention.

Article 133 of the Criminal Law stipulates that a person who violates traffic and transportation management regulations and thus causes a major accident, causing serious injury or death to a person 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.

The crime of causing serious injury or death to a person or causing major damage to public or private property refers to any of the following circumstances:

1. If one person dies or three or more people are seriously injured, the accident will be negativeAllorPrimary ResponsibilitiesTarget;

2. If three or more people die, they are equally responsible for the accident;

3. Causing direct losses to public property or other people's property, bearing full or primary responsibility for the accident, and being unable to compensate for more than 300,000 yuan.

2. Specific provisions on traffic accidents.

1) In any of the following circumstances, a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention.

1. One person is killed or three or more people are seriously injured, and the person bears full or primary responsibility for the accident;

2. If three or more people die, they are equally responsible for the accident;

3. Causing direct losses to public property or other people's property, bearing full or primary responsibility for the accident, and being unable to compensate for more than 300,000 yuan.

If, as you said, the party responsible for the accident will not bear criminal liability in the case of equal liability, so if you have any objection to the accident liability determination, it is recommended that you apply for a review.

First of all, it is necessary to determine Is pedestrian traffic allowed on this ring road? If it is closed to pedestrians.

Pedestrians still go up. Eventually, an accident occurred. Then divide it into equal responsibility.

It doesn't make sense. It should be divided into primary and secondary responsibilities. Pedestrians bear the primary responsibility.

The vehicle bears secondary liability.

If you are not satisfied with the division of responsibility, you can file a reconsideration within three working days of receiving the accident liability determination. If more than three business days have passed, the time for reconsideration has been missed. You can also go directly to the court to sue. The judgment of the last court shall prevail.

The responsibility of the motor vehicle is large. How to divide the responsibility for pedestrians being hit on the motorway: The principle of legal responsibility in China is based on who is at fault for the incident.

If the main fault of the incident is the pedestrian, and the motor vehicle does not violate the relevant regulations of driving and signal lights, then the motor vehicle driver bears 50% responsibility (the latest traffic regulations stipulate that motor vehicles should pay attention to avoid pedestrians). 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. If a pedestrian is hit by a motor vehicle on a non-motorized lane, the main fault of the incident is the pedestrian, and if the motor vehicle also violates the regulations and the signal signal, then the motor vehicle driver bears the main responsibility.

Legal basis: Road Traffic Safety Law of the People's Republic of China

Article 72 After receiving the traffic accident report, the traffic management department of the public security organ shall immediately dispatch the traffic police to the scene, first organize the rescue of the injured, and take measures to restore traffic as soon as possible. Traffic police shall conduct inquests and inspections at the scene of traffic accidents and collect evidence; The accident vehicle may be detained for the purpose of collecting evidence, but it shall be properly kept for verification. For the physical and mental conditions of the parties and other professional examinations, the traffic management department of the public security organs shall entrust a special agency to conduct an appraisal.

The evaluation conclusion shall be signed by the evaluator.

Article 73 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 document in a timely manner as evidence for handling the traffic accident. The traffic accident identification document shall clearly state the basic facts, causes and responsibilities of the parties involved in the closed accident, and serve them on the parties.

Article 74 In the case of a dispute over compensation for damages caused by a traffic accident, the parties may request the traffic management department of the public security organ to mediate, or may directly file a civil lawsuit with the people's court or the civil 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.