Determination and division of responsibility for traffic accidents

You: Primary Responsibility Motorcycle: Secondary Responsibility Another car: You can be free of responsibility.

Liability for traffic accidents is only full, primary, secondary, and equal. The size of the responsibility is whether the driver is at fault during the driving process, and there is no fault without responsibility. Both parties are at fault, and it depends on which party's fault is the main cause of the accident to determine the primary and secondary responsibility.

You changed lanes first and did not pay attention to avoid the vehicle going straight behind you, which is only the main cause of the accident. As for whether the other party has a driver's license or license plate, it is not the direct cause of the accident and can only be used as a reference factor. As for whether to exceed the speed limit, the same is true, and the speed limit depends on the speed limit of the area.

1. Road conditions, if you turn right directly from the fast lane and pass through the slow lane, and the motorcycle is driving in the slow lane, you will have a great responsibility and illegally change the lane or turn without giving way to go straight. If there is only one motorized lane, and you are in contact with the motorcycle in a non-motorized lane, then you are likely to be secondarily responsible, violating Article 22 of the law for not driving safely and civilly.

2. Is the other car moving or parked?

3. Unlicensed and unlicensed are all aggravated responsibilities, which can only show that he must be responsible, but the specific increase in responsibility depends on the first article above.

Police Determination of Responsibility Dissatisfaction Refer to Regulations on Procedures for Handling Road Traffic Accidents 51 52 Apply for review.

Was your vehicle on a non-motorized lane at the time of the collision? If yes, you will definitely have to bear some responsibility. In addition, if the motorcycle is too fast, unlicensed and unlicensed, it will also bear the corresponding responsibility. Preliminary estimate that you have primary or equivalent responsibility.

The determination of responsibility shall be subject to the accident responsibility letter of the traffic police department.

1. How to divide the determination of responsibility for traffic accidents.

1. The determination of traffic accident liability is divided as follows:

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

2) If a road traffic accident occurs due to the fault of two or more parties, they shall bear the primary responsibility, equal responsibility and secondary responsibility respectively according to the effect of their actions on the accident;

3) None of the parties is at fault for causing the road traffic accident, which is a traffic accident and none of the parties is liable.

2. Legal basis: Article 61 of the Provisions on Procedures for Handling Road Traffic Accidents.

In any of the following circumstances, the parties shall bear 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.

2. What to do if you are not satisfied with the determination of responsibility for traffic accidents.

Those who are not satisfied with the determination of responsibility for traffic accidents may apply for a review. The organ of review is the traffic management department of the public security organ at the next higher level that made the determination of responsibility for the traffic accident. Where a party has objections to the determination of a road traffic accident or the issuance of a road traffic accident certificate, it may submit a written application for review within three days from the date on which the road traffic accident determination or road traffic accident certificate is served.

Legal analysis: The traffic management department of the public security organ shall determine the responsibility of the party according to the role of the party's behavior in the occurrence of road traffic accidents and the severity of the fault. If a road traffic accident is caused by the fault of one of the parties, it shall bear full responsibility; If a road traffic accident occurs due to the fault of two or more parties who are filial piety and lead omission, 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.

Legal basis: According to 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 parties' actions 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, none of the parties is liable.

If one party intentionally causes a road traffic accident, the other party is not liable.

(1) The principle of responsibility for conduct.

If a party is responsible for a traffic accident, it must be caused by the act, and the party who did not commit the act is not liable for the accident.

2) The principle of causation.

According to the first paragraph of Article 45 of the Provisions on Procedures for Handling Traffic Accidents, when determining responsibility for a traffic accident, it is necessary to determine which acts played a role in the accident and the extent of the role. With regard to those acts that played a role in the accident, it is the acts that have a direct causal relationship with the accident that work.

3) The principle of right of way.

Article 38 of the Road Traffic Safety Law stipulates that "vehicles and pedestrians shall pass in accordance with traffic signals; In the event of on-site command by traffic police, traffic shall be in accordance with the command of traffic police; On roads where there are no traffic signals, traffic should be carried out in accordance with the principle of ensuring safe and smooth traffic". The principle of going your own way is an important guarantee of traffic safety and the basic principle for traffic participants to participate in traffic.

Modern transport facilities provide a clear route for all traffic participants, pedestrians, different types of non-motorized vehicles and motor vehicles. However, in the current traffic environment, there are very few absolute "dedicated roads", and "access by road" must exist. While emphasizing that traffic participants go their own way, it is also necessary to regulate the behavior of traffic participants in using roads that are not their legal priority, that is, the behavior of "passing through the road".

Under the scientific management system, traffic participants must abide by certain principles when using roads that are not their legal priority to use, so as to ensure safety.

4) The principle of safety.

5) The principle of responsibility for results. Although the perpetrator's behavior did not cause the occurrence of the traffic accident, but aggravated the consequences of the accident, he should bear responsibility for the accident, that is, the principle of result responsibility.

The traffic police determine the size of the responsibility of the parties involved in the traffic accident according to the following principles:

1. The illegal acts of the parties involved in the accident.

If the illegal act of the party involved in the accident causes the traffic accident, the party who does not violate the law shall not bear the responsibility for the accident.

2. The fact that a traffic accident occurred and caused damage.

The objective existence of harming the health of others is a prerequisite for constituting civil liability for tortious damages. If there is no damage caused, or if a certain act may cause a traffic accident to occur, and it does not become an objective fact, then the traffic accident liability is discussed.

3. The parties involved in the traffic accident are subjectively negligent.

Traffic accidents occur because of the psychological negligence of the parties involved in the traffic accident, that is, the parties should have foreseen the occurrence of the traffic accident but did not foresee it, or knew that the illegal act might cause the traffic accident but believed that it could be avoided. If the party has intentionally caused it, it does not fall under the category of traffic accident.

4. There is a causal relationship between traffic violations and traffic accidents.

The so-called causal relationship refers to the objective existence of an intrinsic and inevitable connection in traffic accidents. If there is a causal link between the violation and the occurrence of the traffic accident, then the perpetrator is held responsible. The causal relationship between the illegal act and the traffic accident is an important condition for determining the responsibility for the traffic accident.

How should traffic accident liability be divided?

The determination and division of traffic accident liability is based on Article 45 of the "Provisions on Traffic Accident Handling Procedures": after investigation, the traffic management department of the public security organ shall determine the responsibility of the party according to the role of the party's behavior in the traffic accident and the severity of the fault

1) If a traffic accident is caused by the fault of one of the parties, it shall bear full responsibility; If the party escapes, causing changes to the scene and the loss of evidence, and the traffic management department of the public security organ is unable to verify the facts of the traffic accident, the party who escaped shall bear full responsibility; Where the parties intentionally destroy or falsify the scene or destroy evidence, they bear full responsibility;

2) Where a 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, and if it is a traffic accident, none of the parties is liable; If one party intentionally causes a traffic accident, the other party is not liable;

4) Not to determine responsibility for traffic accidents;

5) Presumption of responsibility for traffic accidents;

6) Ambiguous liability.

In the event of a traffic accident, you should call the police as soon as possible, this is common sense that everyone knows, so how long can the traffic accident liability certificate be issued is a matter of great concern to everyone. According to the provisions of the Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China, for traffic accidents with relatively simple circumstances, the public security organs need to conduct an on-site investigation after receiving the alarm, and make a traffic accident liability determination within 10 days, which is called a summary procedure; If it is more complicated and it is necessary to inspect or identify the scene, vehicle speed, or corpse, the procedure of making a traffic accident identification certificate within 5 days from the date on which the inspection and appraisal results are determined is called an ordinary procedure. It should be emphasized that the "5th" and "10th" here refer to working days, that is, weekends and statutory holidays are not counted.

Therefore, after a traffic accident is reported to the police, it is necessary to understand with the public security organs whether the summary procedure or the ordinary procedure is applicable to this case, and after figuring it out, you can know when the responsibility for the traffic accident will be determined. Legal basis: Article 93 of the Regulations for the Implementation of the Road Safety Law of the People's Republic of China The traffic management department of the public security organ shall make a traffic accident identification certificate within 10 days from the date of the investigation of the scene of the traffic accident after the inspection and inspection of the scene.

Where it is necessary to conduct an inspection or appraisal, a traffic accident determination shall be made within 5 days of the date on which the results of the inspection or appraisal are determined. Article 39 of the "Provisions on Procedures for Handling Traffic Accidents" The traffic management department of the public security organ shall appoint or entrust professional and technical personnel and qualified appraisal institutions to conduct inspection and appraisal within five days from the date of investigation of the scene. Inspections and appraisals shall be completed within 20 days; If it is necessary to extend, it may be extended for 10 days with the approval of the traffic management department of the public security organ of the city divided into districts.

If the inspection and appraisal cycle exceeds the time limit, it shall be reported to the provincial people's public security organ traffic management department for approval.

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Questions. If you hit a red light on a zebra crossing, how is the pedestrian side generally divided?

A pedestrian crossings run a red light and an accident occurs. It should be the pedestrian who bears full responsibility, but it also depends on whether the motor vehicle has other illegal acts, and if there are other illegal acts, they should also bear the corresponding responsibility.

A pedestrian who runs a red light while crossing a zebra crossing is hit, and when the red light is on, it is deemed to have run a red light; When the red light is on, it starts when the pedestrian steps into the zebra crossing. According to Article 39 (2) of the Regulations for the Implementation of the Road Traffic Safety Law, "when the red light is on, pedestrians are prohibited from entering the crosswalk, but if they have already entered the crosswalk, they can continue to pass or stay at the center line of the road and wait." ”。

According to Article 47 of the Road Traffic Safety Law of the People's Republic of China, motor vehicles should slow down when crossing pedestrian crossings; If a pedestrian is crossing a crosswalk, he or she should stop and give way. When a motor vehicle passes on a road without a traffic signal, it should avoid a pedestrian crossing the road.

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.

1. Injured party in motor vehicle accident compensation dispute:

1. Report to the traffic police, determine the responsibility for the accident, and get the certificate of responsibility for the accident;

2. Obtain inpatient medical records, do disability identification, and determine losses;

3. Determine the vehicle insurance situation and determine the insurance company;

4. Collect relevant evidence and file a lawsuit for motor vehicle accident liability disputes;

5. The handling of traffic accidents is relatively professional, and a lawyer is entrusted.

2. The party responsible for the motor vehicle accident compensation dispute:

1. After the accident, report to the traffic police and the insurance company;

2. After determining the responsibility for the accident, actively contact and negotiate with the injured party;

3. Actively defend in the process of litigation, entrust a lawyer, and formulate a response plan.