What is the division of responsibility for traffic accidents? And a few questions

Hello, to the problem you described, the lawyer replied as follows:

First of all, the compensation for personal injuries caused by traffic accidents must first have an accident liability determination issued by the traffic police department, which is the beginning of all the basis for compensation.

Secondly, for personal injuries caused by traffic accidents, the main scope of compensation includes medical expenses, hospitalization expenses, nursing expenses, nutrition expenses, lost work expenses, one-time disability allowance, mental damages, etc. The foundation is based on the identification of the disability level. Disability level assessment is carried out by a specialized appraisal agency.

Third, after the disability level is confirmed, the compensation liability is determined based on the average salary of the local employee in the previous year, as well as the age and household registration of the victim.

Fourth, if a personal accident is caused by a traffic accident, a lawyer can be hired, and the lawyer's fees will also be borne by the losing party in the future. Blessing!

The traffic accident we drive without a license, although we are rear-ended by the other party, the division of responsibility must account for a part, considering that we have more injured, the other party should have insurance, the division of responsibility may be inclined to the other party, we occupy secondary responsibility.

It is okay for the other party to put the money in the traffic police, because we also account for part of the responsibility, and the traffic police will not give all the medical expenses.

We can prevent the other party from picking up the car within a certain period of time, and when the preservation period is exceeded, the other party can pay a deposit to go through the preservation procedures and pick up the car.

After the personal injury is cured, you can apply for disability identification, prepare relevant materials, and apply for mediation to the traffic police, and if the mediation fails, you can go to the court to sue, but we are also responsible for the accident, and we should be flexible when negotiating, so that the other party can bear more responsibility, and pay more compensation when dealing with it.

First of all, it is necessary to determine the traffic accident liability determination, the other party does not pay the medical expenses in law is allowed, because the accident responsibility has not been clearly determined, the other party proposes an agreement to pick up the car is also reasonable, if you do not agree, he can ask for a car inspection to the first face, at most two inspections, at most the car can not be deducted for half a month, now it mainly depends on what insurance he has, if the insurance is complete, then nothing, you pay the medical expenses yourself or how much you spend, but it is more troublesome, You can also get the traffic accident liability certificate and go to the court to sue him and ask him to pay the medical bills in advance, if he is not fully insured, then you must hurry to the traffic accident liability certificate, and then immediately go to the court to sue him. In addition, in this accident, you may be detained for 15 days for driving without a license, fined 200-2000 yuan, or sentenced to secondary responsibility.

And according to what I said downstairs, I would like to add, now the other party does not need to pay a deposit to pick up the car, and the new traffic law has been changed for a long time, so you need to cooperate with the negotiation of the other party to pick up the car, and strive to let the other party pay more medical expenses.

Hello, sympathize with what happened to you, First of all, you can negotiate with the other party if they do not pay the medical bills in advance, or hand over their vehicle for safekeeping. The traffic accident agreement can be signed during the hospitalization of the injured person, and the compensation agreement can be signed at a later stage, and the one with 4 broken ribs can be assessed as disabled, and the 10th degree disability is certain. Legally the other party needs to compensate you.

Not counting the destruction of the accident scene! Cars are fully responsible for driving at intersections with traffic signals, and turning vehicles should give way to vehicles going straight. And the car violates your right of way, i.e. a non-motorized lane!

In general, the responsibilities of both parties in a traffic accident should be divided in this way:

1. If a road traffic accident is caused by the fault of one of the parties, the party shall bear full responsibility;

2. If a traffic accident occurs due to the fault of two or more parties, according to the effect of their behavior on the occurrence of the accident, 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. Legal basis: 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 blind role played by the behavior of the parties in the occurrence of road traffic accidents and the severity of the fault.

The owner of the car is mainly responsible, and the uncle is secondary, and they are all responsible.

There are four types of liability criteria for traffic accidents: full responsibility, primary responsibility, equal responsibility, secondary liability and no responsibility. 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; If neither the victim nor the motor vehicle is at fault for the occurrence of the traffic accident, both parties shall share the losses and bear equal responsibility. Traffic accidents refer to the events of personal or property damage caused by fault or accidents on the road, including motor vehicles and non-motor vehicles.

However, not all personal or property damage caused by vehicles can be called traffic accidents, and must occur on highways, urban roads and places where social motor vehicles are allowed to pass although they are within the jurisdiction of the unit, such as squares, public parking lots, etc., which are used for public traffic.

Legal basisRoad Traffic Safety Law of the People's Republic of China Article 73 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.

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, the defense team shall bear primary responsibility, equal responsibility, and secondary responsibility respectively according to the effect of its conduct 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.

Article 58 Within five days from the date of determination of the inspection report and appraisal opinion, the traffic management department of the public security organ shall notify the party concerned to collect the detained accident vehicle.

The expenses incurred due to the detention of the vehicle shall be borne by the traffic management department of the public security organ that made the decision, but the traffic management department of the public security organ shall notify the party concerned to collect it, and the parking fee incurred by the party shall bear it within the time limit.

If the vehicle is not collected after 30 days of notification to the parties, and it is still not collected within three months after the announcement, the impounded vehicle shall be dealt with in accordance with law.

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.

Guangzhou Traffic Accident Lawyer:

According to the law, car A has the following faults: 1. Overtaking should be from the right and car A should overtake from the left; 2. It should be driven according to the direction of the road, but car A is overtaking and actually drives from the lane (wrong-way lane) of car C; 3. When changing lanes, the turn signal should be turned in advance, and car A obviously did not do so in this case; 4. Car A originally intended to turn right into the fork in the road, and should drive from lane D, but car D is temporarily parked on the road, and car A should drive from the lane of car B and then turn; 5. Turning vehicles should avoid vehicles going straight, that is, vehicle B, while vehicle A does not. So if car A collides with car B, car A should bear full responsibility.

aPrimary Responsibilities. b Secondary liability. That's usually the result. Because B can also find fault. For example, ultra-high overload and so on. Even if you set a brake that is not qualified, you will be at fault. Do you understand.

And if there is a double yellow line in the middle of your diagram, A is fully responsible.

Car A is mainly responsible for 70%; B car is secondarily responsible, 30%.

From your description, your father is primarily responsible. In the end, the traffic police department needs to make a comprehensive determination according to the situation at the scene.

As for compensation, you will be compensated in full within the scope of the compulsory liability insurance.

That is to say, 110,000 yuan of disability and death compensation, 10,000 yuan of medical compensation and 2,000 yuan of property compensation of compulsory traffic insurance.

The remaining amount that cannot be compensated by the compulsory traffic insurance shall be shared between the two parties according to the share of responsibility determined by the traffic police department.

The determination and division of your responsibility is made by the traffic police department, whether it is right or wrong, it can only be accepted, but you can apply for reconsideration once.

First of all, the determination of responsibility shall be subject to the determination of **.

What you need to do is collect and fix the evidence at the scene.

In this accident, you turn and the other party is going straight, and you are fully responsible for the standard responsibility.

However, the other party did not turn on the headlights, did not honk the horn, and did not wear a safety helmet. I don't know if the other party is fully licensed.

Moreover, the other party was drunk driving. At the same time, the other party's injury is also related to the above-mentioned behavior, so it should also be partially responsible.

**Responsibility, divided into, full responsibility, primary responsibility, same responsibility, secondary responsibility, no responsibility.

You need to collect and fix evidence of the other party's violations, especially drunk driving and not wearing a helmet, and have complete licenses. In some places, drunk driving is strictly dealt with.

Another point, from humanitarian considerations, you can negotiate with the other party and ** to try to go from insurance. If the other party is drunk driving, his commercial insurance will refuse to pay.

From the situation you described, you should be primarily responsible for the accident and the motorcycle should be secondarily responsible. The traffic police generally think so.

It should be said that it is reciprocal responsibility, because the motorcycle is going straight.