What is the process for dealing with a traffic accident

Updated on society 2024-07-04
3 answers
  1. Anonymous users2024-02-12

    The general process is on-site treatment, accident responsibility identification, punishment, and organization of mediation: 1. On-site treatment 1. Maintain good road traffic order and organize the rescue of injured people; 2. Find the parties and witnesses of road traffic accidents, and control the suspects; 3. Investigate the scene of the accident, fix, extract or preserve the evidence at the scene; 4. If necessary, the vehicle involved in the accident and the relevant documents of the parties may be detained; 5. Make an appointment with the parties to deal with the accident. 2. The determination of responsibility for the accident shall be made within 10 days from the date of on-site investigation, and if the parties are not satisfied with the determination, they may apply to the traffic police department at a higher level for review within 3 days.

    3. Punishment shall be made within five days of the date on which the road traffic accident determination is made, and the party shall be punished in accordance with law for the road traffic safety violation. 4. The mediation asks whether the parties are willing to mediate, and if they are willing to mediate, the maximum number of mediations is two, and the mediation is successfully prepared and served on the parties; and where they are unwilling to mediate, inform the parties to initiate a civil lawsuit in the people's court. Legal basis:

    Provisions on Procedures for Handling Road Traffic Accidents》 Article 21 After the traffic police arrive at the scene of the accident, they shall immediately carry out the following work: (1) Demarcate the warning area, place luminous or reflective cones and warning signs at a safe distance, and determine a special person to be responsible for on-site traffic command and guidance, and maintain good road traffic order. If traffic is interrupted due to a road traffic accident or traffic control measures such as road closures need to be taken for on-site disposal or investigation, diversion shall also be organized in advance in the direction of traffic at the scene of the accident, and detour reminder signs shall be placed to avoid traffic jams; (2) Organizing the rescue of injured persons; (3) Directing investigation, ambulance and other vehicles to park in a location that is convenient for rescue and investigation, turn on the warning lights, and turn on the hazard warning flashing lights and marker lights at night; (4) Find the parties and witnesses in road traffic accidents, and control the suspects.

    Article 47 of the Provisions on Procedures for Handling Road Traffic Accidents The traffic management department of the public security organ shall make a road traffic accident identification certificate within 10 days from the date of on-site investigation. In traffic hit-and-run cases, a road traffic accident certificate shall be prepared within 10 days after the vehicle and driver involved in the traffic accident are seized. Where it is necessary to conduct an inspection or appraisal, a road traffic accident identification document shall be drafted within five days from the date on which the conclusion of the inspection or appraisal is determined.

    In the event of a fatal accident, the traffic management department of the public security organ shall, before making a road traffic accident certificate, convene all parties to the scene and publicly investigate and obtain evidence. Evidence that witnesses request confidentiality or that involves state secrets, commercial secrets, or personal privacy must not be disclosed. If the parties are not present, the traffic management department of the public security organ shall be recorded.

    Article 57 of the Provisions on Procedures for Handling Road Traffic Accidents The traffic management department of the public security organ shall, within five days from the date of making the determination of the road traffic accident, punish the party for the road traffic safety violation in accordance with the law.

  2. Anonymous users2024-02-11

    The traffic accident handling procedures regulations are formulated in accordance with the "Road Traffic Safety Law of the People's Republic of China" and its implementation regulations and other relevant laws and regulations in order to standardize the procedures for handling road traffic accidents, ensure that the traffic management departments of public security organs perform their duties in accordance with the law, and protect the legitimate rights and interests of the parties involved in road traffic accidents.

    Legal basis:Article 1 of the Provisions on Procedures for Handling Traffic Accidents.

    In order to standardize the procedures for handling road traffic accidents, ensure that the traffic management departments of public security organs perform their duties in accordance with the law, and protect the legitimate rights and interests of the parties involved in road traffic accidents, these provisions are formulated in accordance with the "Road Traffic Safety Law of the People's Republic of China" and its implementation regulations and other relevant laws and administrative regulations.

    The above is only the current information combined with my understanding of the law, please refer to it carefully!

    If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

  3. Anonymous users2024-02-10

    [Legal Analysis].: The steps to deal with traffic accidents are:1

    Receiving reports. After receiving the report of the party or other person, the public security traffic management department shall file the case in accordance with the scope of jurisdiction. 2.

    On-site processing. After accepting the case, the public security traffic management department immediately dispatched personnel to the scene to rescue the injured and property, investigate the scene, and collect evidence. 3.

    Determination of Liability. On the basis of ascertaining the facts of the traffic accident, the traffic management department of the public security shall make a determination of the responsibility of the parties involved in the traffic accident according to the causal relationship between the violation of the accident and the traffic accident, and the magnitude of the effect. 4.

    Adjudication of penalties. The public security traffic management department shall, in accordance with the relevant provisions, give warnings, fines, suspensions, revocation of driver's licenses or detention to the person responsible for the accident. 5.

    Mediation of damages. For the compensation for personal injuries, deaths and economic losses caused by traffic accidents, in accordance with the relevant provisions and compensation standards, according to the corresponding compensation ratio of the accident responsibility, the public security traffic management department shall convene the parties to mediate. The parties agree to reach an agreement that the accident mediator will prepare and issue a mediation letter for damages.

    6.Filing a lawsuit in court. If the mediation between the two parties fails within the statutory time limit, the public security traffic management department shall terminate the mediation and issue a letter of mediation conclusion, and the parties shall file a civil lawsuit with the court.

    Legal basis:Road Traffic Safety Law of the People's Republic of China

    Article 24 The traffic management department of the public security organ shall implement a cumulative demerit system for the violation of road traffic safety laws and regulations by motor vehicle drivers, in addition to giving administrative penalties in accordance with law. The traffic management department of the public security organ shall detain the motor vehicle driver's license for the motor vehicle driver whose accumulated demerit points reach the specified score, educate them on road traffic safety laws and regulations, and re-examine; Those who pass the examination shall be issued with a motor vehicle driver's license.

    Article 91 Anyone who drives a motor vehicle after drinking alcohol shall have his motor vehicle driver's license suspended for 6 months and shall be fined not less than 1,000 yuan but not more than 2,000 yuan. Those who are punished for driving a motor vehicle after drinking alcohol and drive a motor vehicle after drinking alcohol again shall be detained for up to 10 days, fined between 1,000 and 2,000 yuan, and have their motor vehicle driver's license revoked. If a person drives a motor vehicle while intoxicated, the traffic management department of the public security organ shall restrain him until he sobers up, revoke the motor vehicle driver's license, and pursue criminal responsibility in accordance with law; A motor vehicle driver's license cannot be re-obtained within 5 years.

    Anyone who drives a motor vehicle after drinking alcohol shall be detained for 15 days, fined 5,000 yuan, have his motor vehicle driver's license revoked, and shall not re-obtain a motor vehicle driver's license within 5 years. Anyone who drives a motor vehicle while intoxicated shall be restrained by the traffic management department of the public security organ until he sobers up, and the driver's license of the motor vehicle shall be revoked, and criminal responsibility shall be investigated in accordance with law; A motor vehicle driver's license shall not be re-obtained within 10 years, and a commercial motor vehicle shall not be driven after the motor vehicle driver's license is re-obtained. If a major traffic accident occurs after drinking alcohol or driving a motor vehicle while intoxicated, and a crime is constituted, criminal responsibility shall be investigated in accordance with law, and the motor vehicle driver's license shall be revoked by the traffic management department of the public security organ, and the motor vehicle driver's license shall not be re-obtained for life.

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