Urgent!!!! The issue of the division of responsibility for traffic accidents

Hello, according to Article 35 of China's Tort Liability Law, if a labor relationship is formed between individuals, and the party providing the labor service suffers damage due to the labor service, it shall bear the corresponding responsibility according to the respective fault of both parties.

The accident in this case was not a traffic accident, and the responsibility could not be divided in accordance with the relevant provisions of the Road Traffic Safety Law.

In this case, the truck driver was at fault, and as a professional driver, he should have foreseen that the overloaded vehicle would be dangerous in the environment at the time, but still insisted on driving and caused the accident, and should bear the main responsibility for the accident in this case. The farmer has only failed to exercise reasonable warning of the danger of the bridge and should bear secondary liability (a small part of the liability). In this case, the issue of compensation for funeral expenses and death compensation may be involved, and the calculation standards for the two main expenses are provided as follows:

Funeral expenses shall be calculated on the basis of the average monthly wage of employees in the previous year at the location of the court where the lawsuit is filed, and shall be calculated on the basis of the total amount for six months. Death compensation shall be calculated over a period of 20 years according to the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed. 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.

Hope it helps.

Hello: 1 It is not a traffic accident, and it does not occur on a road as stipulated in the Road Traffic Safety Law of the People's Republic of China.

In accordance with the "Road Traffic Safety Law of the People's Republic of China".

Chapter VIII Supplementary Provisions.

Article 119:The meanings of the following terms in this Law:

1) "Road" refers to highways, urban roads, and places that are within the jurisdiction of the unit but allow social motor vehicles to pass, including squares, public parking lots, and other places used for public traffic.

2 Division of Responsibilities. It depends on the cause of the accident and the fault of the person concerned. It is determined by the principle of attribution of fault in civil law.

First party, the farmer.

The second party is the driver's own car, the driver.

If it's a company's car, there are third parties, car owners, companies.

The first scenario: there is no company. There are three types; 1. The farmer and the driver are all at fault, and judging the amount of fault is a troublesome thing, and if the negotiation is not good, the court will adjudicate it. 2. Only the farmer is at fault. 3. Only the driver is at fault

In the second case, there is a company. There are two situations: 1. The company did not force the driver to overload, and the company was not at fault.

The farmer, the driver, is at fault, just as in the first case. 2. The company has forced the driver to overload, and the company is at fault. Combined with the three categories in the first case, there are also three categories.

An accident that does not occur on a public road cannot be considered a traffic accident. Civil liability should be viewed on a case-by-case basis. Find a lawyer to fight a civil lawsuit.

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.

Hello, in a traffic accident like yours, the truck will have some responsibility.

In this case, the general truck will occupy 3-5% of the responsibility.

Second: the braking distance of the truck is too long, and there is also an objection to whether there is speeding. Third:

Did the truck slow down? Jane 5: Is there any suspicion of drunk driving between the two parties?

The above points will affect the division of responsibility, if the motorcycle driver dies, the traffic police will generally be in accordance with the possibility of five or five equal division of responsibility, if according to my ** said that the truck is occupied, the truck will have to pay the main responsibility. If the truck does not have the above behaviors, the truck should also occupy 2-3 percent of the responsibility.

If the traffic police determine that the truck is not responsible, then congratulations, your life is good!

If there is no speeding, and the brakes are applied in time, the truck is not responsible.

From the ** point of view, the motorcycle driving in the opposite direction caused the accident, and the responsibility lies with the motorcycle driver.

1. Administrative processing: call the police, and the traffic police department will issue a "traffic accident responsibility determination", and assume responsibility according to the proportion of responsibility. Your situation should be fully responsible.

2. Civil treatment: If the injured sue or you are dissatisfied with their claim and sue, the court will divide the responsibility, and the injured party has a certain fault, up to 30%.

You can also ask your insurance officer how you can minimize your losses!

To be precise, you should be the main responsibility, because at that time you were less than 1m away from the pedestrian, you should have traveled at a very low speed, and the other party is a child, a person with no capacity for civil conduct, so you and the child have a car accident, then you will have to pay the main responsibility. It is recommended that you don't want to go to court, because you can't spend much, and the best way to deal with it is for you to buy more fruits, go to see the child, block the parents' mouths, and be embarrassed to knock you when you finally compensate. Even if you still have to go to court in the end, your fruit will definitely give you a lot of impression points for the judge.

The place where the accident occurred should be a non-motorized lane, and if a pedestrian is injured in a collision between a motor vehicle and a pedestrian, 100% of the motor vehicle shall be fully responsible.

As for compensation, it depends on whether the injured person is disabled, and the maximum compensation amount of compulsory traffic insurance is 120,000 yuan. If the disability level cannot be assessed, the maximum amount of medical compensation under compulsory traffic insurance is 10,000 yuan.

The responsibility is clear, your full responsibility.

Since you hit someone in a motor vehicle, pedestrians are up to 30% liable unless they have committed a major traffic violation. In your case, your responsibility is definitely 100%. However, it is estimated that it is not a big problem if you have compulsory traffic insurance.

The maximum medical compensation for the three parties of compulsory traffic insurance is 10,000 yuan. If you have all three, it's even more fine.

If the motor vehicle in the yard does not have the right of way, it will be fully responsible for the accident with the pedestrian.

You are fully responsible, the child is just a pedestrian.

It depends on the on-site investigation of the traffic police. If it is a general traffic road, it will be the same responsibility.

Call the police, and the traffic police will determine the responsibility.

Lawyer Liang Bin.

Hello, civil liability is divided in half.

If you are not satisfied with the determination of the responsibility of the traffic police, you can apply for a review.

Article 51 Where a party has any objection to the determination of a road traffic accident, it may submit a written application for review to the traffic management department of the public security organ at the next higher level within three days from the date of delivery of the road traffic accident determination.

The application for review shall clearly state the request for review, its reasons and main evidence.

Article 52 The traffic management department of the public security organ at the next higher level shall make a decision on whether to accept the application within five days after receiving the written review application of the parties. In any of the following circumstances, the application for review shall not be accepted, and the parties shall be notified in writing.

1) Where either party initiates a lawsuit in a people's court and the court accepts it;

2) The people's procuratorate approves the arrest of a suspect in a traffic accident;

3) Road traffic accidents handled by applying simplified procedures;

4) Accidents that occur when a vehicle is passing outside the road.

If the traffic management department of the public security organ accepts the application for review, it shall notify the parties in writing.

1) Whether the facts of the road traffic accident are clear, whether the evidence is credible and sufficient, and whether the applicable law is correct;

2) Whether the division of responsibility for road traffic accidents is fair;

3) Whether the procedures for the investigation and determination of road traffic accidents are lawful.

In principle, the review shall be conducted in writing, but when the parties request or the traffic management department of the public security organ deems it necessary, the parties may be convened to attend and listen to the opinions of the parties.

During the review period, if any party files a lawsuit against the people's court for the accident and is accepted by the court, the traffic management department of the public security organ shall terminate the review.

Article 54 If the traffic management department of the public security organ at the next higher level finds that the facts of the original road traffic accident are unclear, the evidence is not credible and sufficient, the division of responsibility is unfair, or the investigation and determination violates legal procedures, it shall make a review conclusion and order the original case-handling unit to re-investigate and determine.

If, upon review, the traffic management department of the public security organ at the next higher level finds that the facts of the original road traffic accident determination are clear, the evidence is credible and sufficient, the law is correctly applied, the division of responsibilities is fair, and the investigation procedures are lawful, it shall make a review conclusion to maintain the original road traffic accident determination.

Article 55 After the traffic management department of the public security organ at the next higher level makes a review conclusion, it shall convene all parties to the accident and announce the review conclusion on the spot. Where the parties do not appear, other legally-prescribed forms shall be employed to serve the review conclusions on the parties.

The traffic management department of the public security organ at the next higher level shall review only once.

Article 56 After the traffic management department of the public security organ at the next higher level makes a review conclusion ordering a new identification, the original case-handling unit shall, within 10 days, re-investigate in accordance with these provisions, re-make the road traffic accident identification document, and revoke the original road traffic accident identification document.

Where a new investigation requires an inspection or appraisal, the original case-handling unit shall, within 5 days of the date on which the conclusion of the inspection or appraisal is confirmed, redraft the road traffic accident determination and revoke the original road traffic accident determination.

Where a road traffic accident identification document is re-drafted, the original case-handling unit shall send it to all parties and report in writing to the traffic management department of the public security organ at the next higher level for the record.

Hello, the traffic accident is based on the fault of both parties to the accident to divide the responsibility, according to the information you provide, your illegal overtaking in the open bend, obviously bear the main responsibility for the accident. Secondly, if you have evidence to prove that the other party's vehicle is speeding and is also at fault, then you can file a review procedure against the Traffic Accident Determination on this basis and ask the higher traffic management department to re-examine the responsibility for the accident.

How wide the road is, whether there is a center line, whether there are warning signs, if there are brake marks, the speed of the vehicles on both sides can be calculated through the calculation formula, but this is very troublesome and requires trace identification. According to the traffic law (Article 43, Paragraph 4), it is forbidden to overtake at the curve, and you must bear full responsibility for the accident.

Your responsibility, his speeding is only a violation of the law, and does not represent the direct cause of the accident, and your overtaking is the direct cause of the accident.

Dissatisfied with the determination of the responsibility of the traffic police department, an administrative reconsideration or administrative lawsuit may be filed.

Wrong-way driving, overtaking in corners, your full responsibility!

After the traffic police department is unable to determine the responsibility for the accident, the injured person must provide relevant evidence to sue the court, and the court is responsible for cross-examining the evidence provided by the plaintiff and the evidence or rebuttal provided by the defendant, and finally certifying.

When compensating, the insurance company you insured will first compensate within the liability limit of the compulsory traffic insurance, and the insufficient part will be divided according to the accident liability determined by the court.

With regard to the issue of private transfers, in principle, these costs should be borne by the injured person.

It's easy to do, you don't have to negotiate. Wait for him to go to court and sue him.

It is sufficient to list the compulsory liability insurance company as a co-defendant.

Anyway, when you go to court, you can just say how much money you have already paid.

As for the other party's transfer to the hospital without permission, the other party's income is left to the judge to decide. The insurance company will pay for the amount of the judge's award, saving a lot of trouble.

In terms of determining responsibility, it is indeed more difficult, because it is difficult to adduce evidence, and in this case, the court generally divides the responsibility according to the principle of equitable responsibility, and each bears half of it. However, since the other party is weak, the court will definitely take care of it when compensating, of course, there is compulsory insurance, which is enough to pay, so you don't need to worry too much.

A lawsuit should be filed in court, and the court will confirm responsibility for the accident.

1. If the motorcycle is fully responsible, and the car and passengers (the couple) are not responsible, then claim compensation from the motorcycle driver.

2. If the car is fully responsible, and the motorcycle and passengers are not responsible, the car driver will be compensated.

3. The general passengers are not responsible, so the responsibility is on the car and motorcycle, but the specific liability ratio is difficult to determine, but they bear joint and several liability and can claim compensation from the two of them.

4. As long as the passenger is not responsible, the motorcycle and the car are jointly and severally liable for compensation, and they can claim compensation from both of them.

The scope of compensation includes: medical expenses, disability compensation, food allowance, nursing expenses, and lost work expenses.

Generally, it is divided into primary and secondary liability, equal liability, and full liability, no matter what the responsibility is, the car is not responsible, and can recover various losses such as lost work expenses, nursing expenses, and medical expenses from both parties.

1 If the motorcycle violates the traffic and causes an accident, the car must also be compensated, because it must be compensated for humanitarian reasons (even if the motorcycle is fully responsible, the car must also be compensated, and there is reason outside the law).

2 If the car violates the traffic accident, then not to mention, if the car is fully responsible, the car will have to compensate for all the damages.

3 The traffic accident is unknown, then it is still a car compensation.

4 are all in violation of traffic accidents or car compensation.

All your questions above, to summarize for you, no matter what the situation, as long as the car hits the motorcycle (not a small accident), the loss will always be the car, because out of humanitarianism, the car must pay compensation. The car is always at a loss.

As for the compensation you are talking about, you have to look at the scene of the accident, the division of responsibility, the age of the person, the person's work, the person's household registration, the injury, etc., there are too many of them, and you can only understand these in court!