Motorcycle crash liability and compensation

Let the traffic police judge the responsibility determination, the situation you describe here is definitely not as much as the traffic police see, and the responsibility determination issued by the traffic police is only valid, and the responsibility determination will be said later.

The specific compensation standards are as follows (excluding disability compensation):

1) Medical expenses.

The amount of medical expenses is determined based on the diagnosis certificate of the hospital and the official medical invoice. Including the fees you pay for **, examination fees, surgery fees, medical expenses, hospitalization fees, plastic surgery fees and follow-up treatment of fibrillation and abortion;

2) Nutrition expenses.

The amount of nutrition expenses is determined on the basis of a doctor's certificate of diagnosis of nutritional needs and proof of related expenses. It refers to the cost of purchasing nutritional products other than daily diet to assist **physical diseases or to make the body as soon as possible**.

3) Lost work expenses and nursing expenses.

Lost time pay and nursing care expenses are determined based on the lost time and income of the victim or caregiver. If there is a fixed income, the compensation for lost work shall be calculated according to the actual reduced income. if they have no fixed income, it shall be calculated according to their average income in the last three years; Where the victim is unable to provide evidence to prove his or her average income in the last three years, it may be calculated by referring to the average salary of the previous year in the same or similar industry at the location of the court where the lawsuit is filed.

If you claim lost time pay, you can show proof of income.

4) Transportation and accommodation expenses.

The transportation expenses are calculated based on the actual transportation expenses incurred by you and the necessary escorts due to medical treatment, escort or hospital transfer**; The accommodation fee shall be paid according to the actual accommodation fee incurred by you and your accompanying person; The hospital meal subsidy should be calculated on the basis of actual expenditures and expenses or the actual local standard of living;

5) Disability compensation.

The compensation for the disability seepage cover is calculated on the basis of the level of disability determined by the forensic examination, the living expenses or income standard of the victim's place of residence or actual residence. According to the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year announced by the local government, it is calculated as 20 years from the date of determination of disability. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; those over the age of 75 are counted as five years;

6) Disability assistive device fee.

The fee for disability assistive devices is calculated according to the reasonable cost standard of commonly applicable devices.

7) Property damage.

Property damage is limited to the actual property damage you suffer, including the cost of repairing the item, depreciation fee, etc., to the actual value of the damaged item. Invoices, contracts, receipts, and so forth for the purchased items shall be provided to prove the value of the damaged items, and if the value cannot be determined, an appraisal may be applied for, and the appraisal shall be determined on the basis of the appraisal conclusions.

If you reach the disability level, you can also claim a lump sum disability benefit. It is recommended to resolve the matter through negotiation, and if the negotiation fails, litigation can be used to protect rights.

Summary. Motorcycles belong to motor vehicles, and the division of responsibility for motor vehicle collisions with pedestrians needs to be determined by looking at the accident scene. There are several situations in which both sides can pass, such as the following:

Motorcycles belong to motor vehicles, and the division of responsibility for motor vehicle collisions with pedestrians needs to be determined by looking at the accident scene. There are several bright cases of double excitation and wide passing, such as the following:

If there is a pedestrian crossing line on the road within meters: (1) at the pedestrian crossing line, the motor vehicle is fully responsible, and the pedestrian is not responsible;

2) If the pedestrian deviates from the crosswalk line, the motor vehicle is responsible and the pedestrian is responsible.

3) If there is evidence that the pedestrian runs the red light, the pedestrian is the main responsibility, and the motor vehicle is secondary;

4) Deviating from the crosswalk line, and the pedestrian suddenly intrudes into the motor lane when the vehicle is approaching, the pedestrian is fully responsible, and the motor vehicle is not responsible.

2. Suburban unmanned crosswalk line section: (1) If a pedestrian suddenly intrudes into the motor lane or suddenly turns back, the pedestrian is mainly responsible for the socks and the motor vehicle is secondary;

2) The pedestrian is already in the motorway and the driver does not pay attention, the motor vehicle owner is responsible, and the pedestrian is responsible, including poor vision at night.

3. Highways and highways with isolation facilities: pedestrians are primarily responsible, and in some cases, pedestrians can also be fully responsible.