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Friend, the question you raised involves two legal aspects, and it is still interesting. Because, although after this major traffic accident that caused the death of one person, Li was very uneasy and guilty. Li then raised the issue of feeling that he should be morally responsible, but he also believed that he could not be directly responsible.
Here's my opinion on this one question:
1.First of all, it is not known whether these two partners have signed a partnership contract or a document such as an agreement in advance when they conduct business in partnership. In addition to the agreement on the operation, the car is also invested in business activities, the relationship between the confirmation of property rights and business income; It is to make this car a stake in investment; Or in addition to reimbursing all expenses for the use of the car, whether there is an agreement on the legal consequences arising from the use of the car.
This is the premise that determines who will pay for the compensation for this traffic accident. Based on the above, there are two hypotheses:
First, Wang had an agreement with Li on the car when he put it in: for the needs of the business, Wang provided the vehicle as a partnership investment free of charge, and only reimbursed the cost of using the car, but Wang was responsible for all the consequences that occurred in the use of the car. Li believes that there is no legal partnership with Wang, that is, it is clear that if there is no agreement or offer in advance, the partnership relationship can be denied, which is unreasonable at the legal level, as long as Wang can provide evidence to prove the partnership between the two, it can be supported by the court.
At the legal level, there is a problem, according to the principle of who invests, who benefits, this kind of agreement is unfair, and there is an agreement that violates the contract law and should be regarded as invalid. It is also the principle of consistency of rights and obligations;
Second, unless Wang voluntarily gives up this demand, he is willing to bear all the liability for compensation.
Therefore, I believe that Li should still bear the corresponding liability for compensation.
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There is no need to be liable, not even liability.
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No, the driver of the motor vehicle and the owner of the motor vehicle are responsible for the traffic accident.
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Hello; If the accident was caused by the partnership, Li should bear part of the responsibility, and Wang should bear most of the responsibility if he was at fault.
Zongheng Legal Network-Shandong Qingdazehui Law Firm-Xu Zhiyuan.
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In traffic accidents, it is not shared, but in partnership.
Zongheng Legal Network-Shandong Tongyong Law Firm-Song Jianhai lawyer.
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According to your description, it should be the division of primary and secondary responsibilities, your friend is the secondary responsibility, the truck is the main responsibility, and the general traffic police division responsibility is biased towards the non-motor vehicle side. However, in terms of compensation, within the scope of the truck's compulsory traffic insurance, it will be fully compensated within the limit, and the commercial insurance company with the truck will compensate according to the proportion of the accident liability. The primary and secondary responsibilities are generally 3 7 open.
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If a bicycle, electric bicycle, or tricycle crosses a motorway on a road section, it shall be carried out by getting off the vehicle, and if there is a pedestrian crossing or pedestrian crossing facility, it shall pass through the pedestrian crossing or pedestrian crossing facility; If there is no crosswalk, no pedestrian crossing facilities, or it is inconvenient to use pedestrian crossing facilities, go straight through after confirming that it is safe.
From this point on, your friend has a certain responsibility.
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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.
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First of all, you must apply for a review within three days from the date of receipt of the determination of responsibility, and do not give up your rights easily, so that you lose a chance in the procedure;
Secondly, if the other party is drunk driving or speeding, give your friend that the main responsibility is indeed heavy.
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A review can be applied for, and you can provide evidence.
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The same responsibility is more reasonable, apply for reconsideration.
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According to Guangzhou's liability standards, turning is a Class A violation, and drunk driving is also a Class A violation. The responsibility is the same, plus the speed of the other party depends on what the speed limit is, which can be qualitative, and the other party is more responsible.
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1. Determine the responsibility of the parties according to the role of the parties' actions in the occurrence of traffic accidents and the severity of the faults.
Fault A: 1. Crossing the road and not getting off the car to push.
B's fault: 1. The other party has crossed most of the road, but did not pay attention, and was seriously negligent. 2. Drive in the opposite direction. 3. Driving without a license. 4. Overspeeding (there may be no evidence).
Obviously, B is much more at fault, and it is more likely that B is primarily responsible and A is secondarily responsible, at least the same responsibility.
2. See details. 3. It is difficult to obtain evidence for speeding, unless the party actively admits speeding.
4. Article 70 of the Regulations for the Implementation of the Road Traffic Safety Law
Bicycles, electric bicycles, and tricycles that cross the motorway on the road section shall be disembarked and promoted.
The above items are fully compensated within the limit of compulsory traffic insurance, and the insufficient part is compensated according to the proportion of accident liability (30% of secondary liability, 50% of joint liability, 70% of primary liability, and +10% of non-accident liability).
6. See Article 1 above.
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Did you call the police after the accident, and the traffic police will give you a traffic accident identification after dealing with it, you don't need to ask on the Internet, you just ask the traffic police.
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After calling the police, the traffic police will draw a map of the scene and make a determination of accident responsibility in accordance with the law. Those who are not satisfied with the designation may apply for a new designation.
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The division of responsibility for traffic accidents should be combined with the scene and many factors. Since what you described is not particularly detailed, I can only analyze it for you according to what you said, which may be different from the determination of responsibility for the accident.
The intersection where you have an accident may not have a traffic light or turn signal, and if you follow the signal, you will be fully responsible for running the light.
At an intersection where there are no signal lights, it depends on whether your motor vehicle is allowed to drive on the section of the road where it starts before entering the main road, if you are driving from a secondary road that allows motor vehicles to drive on the main road, and the other party is driving in the same direction as you, and the right turn collides with your vehicle, according to the right-turning vehicle to give way to the left-turning vehicle, he is fully responsible.
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Turning motor vehicles give way to vehicles going straight.
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First of all, determine your father's injury, if it is identified as a serious injury, if the traffic police can determine that the other party bears the main responsibility and escapes, the other party is suspected of the traffic police accident, pay attention to the conditions: 1. Your father is seriously injured; 2. The other party bears the main responsibility for the accident.
Since the parties have not escaped when the traffic police arrived, the traffic police did not control the good people, and the traffic police have a certain fault, you can ask the traffic police for some explanation;
The traffic police said that it was five or five open, which is only a statement on the issue of compensation, because the responsibility for the accident and the liability for compensation are different responsibilities, and the accident liability of the traffic police is determined according to the fault of all parties and the size of their role in the accident; According to the provisions of Article 76 of the Road Traffic Safety Law, if a traffic police accident occurs between a motor vehicle and a non-motor vehicle, the motor vehicle shall bear the liability for compensation, and if there is evidence to prove that the non-motor vehicle is at fault and the motor vehicle party has taken emergency measures, the liability of the motor vehicle party shall be appropriately reduced; That is to say, the accident liability is determined according to the fault of seeking truth from facts, and there is no fault without responsibility, but there are special provisions on compensation liability, even if the motor vehicle party is not at fault, it also bears a certain amount of liability for compensation, and if the general motor vehicle party is not at fault, it bears 10% of the loss compensation liability;
In addition, if the other party is an electric tricycle, which can generally be identified as a motor vehicle through appraisal in various places, it is not a non-motor vehicle, and the other party has no preferential treatment in the allocation of liability for compensation.
Therefore, you should put forward to the traffic police: first, the other party is an electric tricycle (it is estimated that it is unlicensed and unlicensed), which in fact belongs to a motor vehicle, and there is no so-called preferential treatment of compensation liability; The second is that when the traffic police arrived at the scene, your father was already injured, and the other party should be controlled by the traffic police, and the traffic police were at fault; Third, the other party should bear legal responsibility for the hit-and-run, and even if it does not constitute a crime (that is, your father is not seriously injured), he should be detained for less than 15 days; Fourth, if the other party can be identified as a motor vehicle, the other party should have compulsory traffic insurance, and if the insurance is not insured, the owner of the electric tricycle shall be liable within the scope of insurance claims.
Considering the fact that the other party has escaped, they may not be able to find anyone when they go to the traffic police force, you see if your vehicle is insured with car personnel insurance, car damage insurance, etc., ask the traffic police to give you a certificate, and bear all the responsibility for the accident, because you can't find anyone anyway, there is no compensation to anyone, unless the traffic police admit that you are wrongly compensated for certain losses, but this is very difficult in China, admit it!
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In China's harmonious society, be sympathetic to your accident.
There is no objection to the same responsibility, unless the relationship between you and the traffic police brigade is not general, and leaving after understanding the condition is not considered an escape, you can only say that you left.
Regarding the current treatment, the recommendations are as follows:
1. The traffic police force issues a certificate of responsibility for the accident;
2. Find the other party's ID card and home address and provide them to the court;
3. Apply for litigation by the court!
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First of all, according to your description, the other party does not constitute a criminal case; The criminal case requires the victim to bear full or main responsibility for the death and full or main responsibility for serious injury, and is unlicensed, unlicensed, etc., so your situation does not constitute the crime of traffic accident, not to mention that the other party is a non-motor vehicle; The traffic law stipulates that if a motor vehicle and a non-motor vehicle have an accident, the motor vehicle shall bear the responsibility, and the non-motor vehicle shall be at fault to reduce the responsibility of the motor vehicle, so in the identification of responsibility, the non-motor vehicle is in a weak position, and the responsibility should be lighter, but the responsibility is not the same as the amount of compensation.
After the police determine the responsibility and are not satisfied, you can apply for a review. After the compulsory traffic insurance is compensated, the insufficient part shall be compensated according to the liability. >>>More
Now the road has no primary and secondary distinction in the traffic rules, there is no traffic light and no yield sign, it is necessary to abide by the right side of the first, before entering the intersection to carefully observe and then pass, to you pass through the intersection does not affect the normal driving of the vehicle on the right, the right vehicle hit you, indicating that you hindered the normal driving of the right, the responsibility is great. The other party's motorcycle was drunk and the vehicle was not inspected on time, and it did not fulfill its obligation to pay attention to safety, so it also has to bear certain responsibilities. There is nothing wrong with this accident, unless the other party is seriously speeding and you can't judge normally, but this kind of evidence is difficult to find.
Lights-controlled intersection turns to go straight is based on the same release signal. It is not the same release signal, it should indeed be the next round of green light to be released, and the car that was released to the first round of green light should be allowed to go first, regardless of turning or going straight at this time. >>>More
1. If there is any objection to the determination of responsibility, a reconsideration should be filed within 3 days, and if the other party does have problems such as speeding or improper measures, there is still hope; >>>More
Can you briefly explain the circumstances of the accident?