How to determine the responsibility for the collision between the motorcycle and the truck when the

Updated on society 2024-06-10
6 answers
  1. Anonymous users2024-02-11

    It depends on the actual injury. The heavy ones can pay forty or fifty thousand. If you have a less, you can also lose about 20,000 yuan. It depends. Medical expenses, lost work expenses, nutrition expenses, etc.

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  2. Anonymous users2024-02-10

    He mainly pays for ** expenses, nutrition expenses, living expenses during hospitalization, lost work expenses, and if things are damaged, it will be over. That's it for now. If there is a disability, it is necessary to keep a disability certificate, and if necessary, to be a disability firm, depending on the level of disability, it is better to measure the amount of compensation from this perspective.

    That's all for if it's a loss.

    First of all, the traffic law does not support the driving of motorcycles without a license. If it is the responsibility of the motorcycle driver, strictly speaking, the truck driver is not responsible, at most, because the motorcycle is a vulnerable group, and a certain amount of economic compensation is given as a humanitarian.

    It mainly depends on the responsibility of the traffic police, and how much responsibility each pays, and this kind of unlicensed driving has to pay a certain responsibility. And it also depends on whether he has violated the rules, such as drinking.

    He asked for private, and there was a situation where the amount of compensation was not uniformly negotiated, and it was also possible that the documents were incomplete and the police needed to investigate. The most important thing in a traffic accident is to determine the responsibility, and if it is private, that is, there is no police, that is a matter of negotiation between the two parties, and you weigh it yourself.

  3. Anonymous users2024-02-09

    1.First of all, if you are at the scene at the time, you can call the police in time to deal with it, and the traffic accident responsibility certificate issued by the traffic police will see the responsibility sharing.

    2.If the car is insured with compulsory traffic insurance or other types of insurance, the insurance company can first pay compensation within its liability limit (medical expenses do not exceed 10,000 yuan, and the total cost compensation does not exceed 10,000 yuan), and then recover from the perpetrator for the insufficient part.

    3.If the owner of the vehicle is directly recovered from the owner, if it is not the owner of the vehicle and the owner is at fault, the owner and the driver can also be listed as co-defendants for prosecution.

    4.After you are hospitalized, all the medical records need to be kept first, see how much the specific amount is spent, they generally will not compensate in advance, so you must first keep the relevant materials such as the medical records, injury certificates, etc.

  4. Anonymous users2024-02-08

    Liability for a motorcycle collision with a large truck is divided as follows:

    1. If both parties have violated the rules and have equal responsibility for the accident, both parties shall bear the same responsibility for the accident;

    2. If the accident is caused by the fault of one party for violating the rules, the main responsibility for the accident shall be borne by this party, and if the other party is not at fault at all, this party shall bear all the responsibility for the accident, and if the other party is also at fault, the other party shall bear secondary responsibility;

    3. If both parties are driving normally and there is no fault, it is a traffic accident, and all parties are not liable.

    How to punish in the event of a traffic accident.

    1. Causing a major accident and bearing secondary responsibility or more, shall be detained for not less than 10 days but not more than 15 days or fined not less than 150 yuan but not more than 200 yuan, and the motor vehicle driver's license shall be revoked;

    2. If it becomes a major accident and bears equal responsibility or more, it shall be detained for not less than 10 days but not more than 15 days or fined not less than 150 yuan but not more than 200 yuan, and the motor vehicle driver's license shall be revoked;

    3. If a minor accident is caused and the person is responsible for the traffic accident, a fine of less than 50 yuan or a warning shall be imposed, and the motor vehicle driver's license shall be suspended for more than 1 month and not more than 6 months.

    [Legal basis].Article 73 of the Road Traffic Safety Law of the People's Republic of China.

    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.

  5. Anonymous users2024-02-07

    Legal analysis: 1. Report to the traffic police to divide the responsibility for the accident. 2. Car A shall first compensate for the loss of Car B in full within the amount of liability for the sub-items of compulsory traffic insurance.

    The amount of compensation for car A's liability in the accident is: 110,000 yuan for death and disability, 10,000 yuan for medical expenses, and 2,000 yuan for property damage; If car A is not responsible in the accident, the compensation amount is: death and disability, medical expenses of 1,000 yuan, and property of 100 yuan.

    3. If there is still a deficiency after the compensation of the person on the vehicle B is compensated by the compulsory traffic insurance, it will be shared by both parties according to the division of responsibility, and the liability of car A shall be borne by the three insurances, and Party A shall bear the three insurances if Party A has not purchased the three insurances or the three insurances are not enough to compensate, Party A shall bear them by himself; 4. According to the division of responsibility, Party B's on-board personnel insurance shall bear the liability for the loss other than Party A's compulsory traffic insurance and Party A's compensation liability, and if the on-board personnel insurance is not purchased or the insurance amount of the on-board personnel insurance is not enough to compensate, the driver of Party B shall bear it, that is, if Party B's injured person is the driver, it shall bear it by itself; If the injured person is not the driver, the driver is liable for compensation to the passengers.

    Legal basis: Article 1213 of the Civil Code of the People's Republic of China If a motor vehicle is involved in a traffic accident and the damage is the responsibility of the motor vehicle, the insurer underwriting the compulsory insurance of the motor vehicle shall first compensate within the limit of the liability of the compulsory insurance; For the shortfall part, the insurer underwriting the commercial insurance of motor vehicles shall compensate in accordance with the provisions of the insurance contract; If it is still insufficient or has not taken out commercial insurance for motor vehicles, the infringer shall compensate for it.

  6. Anonymous users2024-02-06

    1. How to deal with the collision between a motorcycle and a truck.

    The division of responsibility shall be subject to the accident identification letter made by the traffic police department;

    According to the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases", compensation for traffic personal injuries includes medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.

    It can be resolved through negotiation in advance, and if the negotiation fails, a lawsuit may be filed in the people's court;

    Article 1213 of the Civil Code provides that if a motor vehicle is involved in a traffic accident and the damage is the responsibility of the motor vehicle, the insurer who underwrites the compulsory insurance of the motor vehicle shall first compensate within the limit of the liability of the compulsory insurance; For the shortfall part, the insurer underwriting the commercial insurance of motor vehicles shall compensate in accordance with the provisions of the insurance contract; If it is still insufficient or has not taken out commercial insurance for motor vehicles, the infringer shall compensate for it.

    2. How to deal with the collision between the battery car and the truck.

    If the damage is not serious, the two parties can negotiate, and if the negotiation fails, they can call the police, and the traffic police will determine the responsibility of both parties, and the two parties shall bear their respective responsibilities according to the identification of the traffic police, and they can also sue to the court for resolution. If you are not satisfied with the accident identification, according to the "Provisions on Road Traffic Accident Handling Procedures", if the parties have objections to the identification of road traffic accidents, they can submit a written application for review to the traffic management department of the public security organ at the first level within three days from the date of delivery of the road traffic accident identification. The application for review shall clearly state the request for review, its reasons and main evidence.

    3. The elderly ride a motorcycle and collide with a motorcycle, and the motorcyclist is injured, how to deal with the motorcycle owner.

    First of all, it is necessary to look at the division of responsibility of the traffic police department for the accident, and after getting the accident certificate issued by the traffic police, you can go to the court to sue. Your sister-in-law, children and parents are the plaintiffs, the insurance company, the driver or the driver's unit are the defendants, and the compensation for funeral expenses, death compensation and mental injury solatium is claimed, and if the father is over 60 years old, the mother is over 50 years old, and the child is under the age of 18, you can also claim child support. In the case that the driver bears full responsibility, it is assumed that your evidence can be identified as your brother's town treatment:

    The funeral expenses are about 30,000 yuan, the death compensation is about 590,000 yuan, and the mental injury solatium is about 100,000 yuan.

    Article 1213 of the Civil Code provides that if a motor vehicle is involved in a traffic accident and the damage is the responsibility of the motor vehicle, the insurer that underwrites the compulsory insurance of the motor vehicle shall first compensate within the liability limit of the compulsory insurance; For the shortfall part, the insurer underwriting the commercial insurance of motor vehicles shall compensate in accordance with the provisions of the insurance contract; If it is still insufficient or has not taken out commercial insurance for motor vehicles, the infringer shall compensate for it.

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