Division of general traffic accident liability, how to divide general traffic accident liability

Division of responsibility for traffic accidents: (1) If a traffic accident is caused by the fault of one party, the party 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) Responsibility for traffic accidents shall not be determined.

Due to the constraints of various subjective and objective factors, if the illegal acts of any party cannot be determined after investigation by the public security organs, neither party shall be found to be responsible for the traffic accident. (5) Presumption of responsibility for traffic accidents. The presumption of responsibility for traffic accidents is that the public security organs fail to report the case or fail to report the case in a timely manner when the party escapes, deliberately destroys or falsifies the scene, destroys evidence, and reports the case when conditions permit.

When it is impossible to determine the responsibility for a traffic accident, the presumption of the responsibility of the party for the traffic accident. Legal basis: Article 73 of the Road Traffic Safety Law of the People's Republic of China provides that the traffic management department of the public security organ shall, on the basis of the inquest, inspection, and investigation of the traffic accident scene and the relevant inspection and appraisal conclusions, promptly prepare a traffic accident identification document 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.

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.

Hello, both parties can also present their own agreements to the traffic police.

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.

Legal Analysis: General Traffic Accident Liability Division: Traffic accident liability is divided according to the degree of fault of the parties involved in the accident and whether the behavior violates traffic laws and regulations.

If a traffic accident is caused by the fault of one of the parties, it shall bear full responsibility; In the event of a road traffic accident due to the fault of two or more parties, the source shall bear primary, equal and secondary responsibility according to the effect of its actions on the occurrence of the accident.

Legal basis: "Road Traffic Safety Law of the People's Republic of China" Article 77 If an accident occurs when a vehicle is passing on a road, and the traffic management department of the public security organ receives a report, it shall be handled with reference to the relevant provisions of this law.

Legal Analysis: General Traffic Accident Liability Division: The responsibility for the accident is divided according to the degree of fault of the parties involved in the accident and whether the behavior violates traffic laws.

If a road traffic accident is caused by the fault of one of the parties, it shall bear full responsibility; In the event of a road traffic accident due to the fault of two or more parties, Jane shall bear primary and secondary liability according to the role of her actions in the accident occurrence.

Legal basis: Road Traffic Safety Law of the People's Republic of China Article 77 If an accident occurs when a vehicle is passing outside the road, and the traffic management department of the public security organ receives a report, it shall be handled with reference to the relevant provisions of this Law.

1) Criteria for the division of responsibility for traffic accidents 1. If a road traffic accident occurs due to the fault of one of the parties, bear full responsibility 2. If a road traffic accident occurs due to the fault of both or more parties, they shall bear the main responsibility according to the effect of their actions on the accident and the severity of their negligence. Equal Liability and Secondary Liability 3. If the parties are not negligent in causing the road traffic accident, if it is a traffic accident, the parties are not liable 4. If one party intentionally causes the road traffic accident, the other party is not liable. (2) Types of accident liability in traffic benches 1, full responsibility and no responsibility.

In the case of an accident that is wholly violated by one of the parties, the party who violated it is fully responsible, and the party who has no direct causal relationship with the accident is not liable. For example, a driver who was driving drunk and suddenly drove to the left and knocked down a student who was riding a bicycle normally. The person who was hit died in hospital treatment.

The story is completely a violation on the part of the driver, and the driver must bear full responsibility, and the person who was hit has no violation and is not responsible. 2. Primary and secondary responsibilities. Mainly, one party violates the law, and the other party or a third party also has an accident of violation, and the main violator bears the primary responsibility, and the other party or the third party bears secondary responsibility.

3. Equal training responsibility. All parties involved in the traffic accident have violated the rules, and the circumstances are comparable, and all parties bear equal responsibility.

Articles 18 and 19 of the Measures for the Handling of Road Traffic Accidents.

The general traffic accident liability division criteria are as follows:

Liability for traffic accidents is divided according to the degree of fault of the parties involved in the accident and whether the behavior violates traffic laws. 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, they shall bear primary responsibility, equal responsibility and secondary responsibility respectively according to the effect of their acts on the occurrence of the accident; If one party intentionally causes a road traffic accident, the other party shall not bear any responsibility.

Legal basis] In accordance with Article 77 of the Road Traffic Safety Law, the accident shall be determined and the traffic accident certificate shall be prepared, and the compensation standards of both parties to the accident may also be compensated with reference to the standards stipulated in the relevant laws, regulations and interpretations of traffic accidents.

1. If the responsibility for the accident can be determined, the vehicle can be taken away. It is no longer possible to impound the vehicle that caused the accident indefinitely.

2. If you think that your compensation issue may be affected, you can apply to the court for pre-litigation preservation before releasing the car, and directly keep the car in your hands. But the car has been released, ** is no longer in charge, and it is also the court's business to preserve it.

3. If the other party has a clear unit or property, you don't have to rush. Civil compensation can be negotiated, and if the negotiation fails, it can be resolved through legal proceedings.

Fourth, there is no need to think about who has a relationship and who has the right and so on, what should be done through legal channels must be done through legal channels, as long as the facts are clear, no one is of use, and the current legal environment in China is still much better than before. The law will only be useful if everyone believes it.

Contents"Article 28 Due to the need to collect evidence, the traffic management department of the public security organ may detain the accident vehicle and motor vehicle driving license, and issue a certificate of administrative compulsory measures. The impounded vehicle and motor vehicle driving license shall be properly kept.

The traffic management department of the public security organ shall not detain the goods contained in the accident vehicle. After verifying the weight, volume and loss of the goods, notify the driver of the motor vehicle or the owner of the goods to dispose of it by himself. Where there is no way to notify the parties or the parties do not handle it on their own, it is to be handled in accordance with the relevant provisions of the "Provisions on Procedures for the Handling of Administrative Cases by Public Security Organs".

Article 29 Due to the need to collect evidence, the traffic management department of the public security organ may seize the items related to the accident, and issue a list of the seized items in duplicate, one to the holder of the seized items, and one to the case file. Seized items shall be properly kept.

The period of seizure shall not exceed 30 days, and if the case is major or complicated, it may be extended for 30 days with the approval of the person in charge of the public security organ at the same level or the person in charge of the traffic management department of the public security organ at the next higher level; Except as otherwise provided by laws and regulations.

Article 44 Within five days from the date of determination of the inspection and appraisal conclusions, the traffic management department of the public security organ shall notify the parties concerned to collect the detained accident vehicle, motor vehicle driving license and seized items.

Where the driver's escaped ownerless vehicle or a vehicle that is still not collected after 30 days of notifying the parties, and the vehicle still does not come for disposition within three months of the announcement, the impounded vehicle shall be dealt with in accordance with law. "