Riding a motorcycle in a group, one of them was killed in a car accident Is the other person respons

Generally speaking, the organizer or self-guided tour partner may be liable for compensation if he or she has the following circumstances (Note: the following circumstances are not necessary or sufficient conditions, and may also be judged by the court according to the rules of evidence for determining whether there is fault and the specific circumstances of the case):

1) The organizer is for the purpose of making a profit or a semi-profit. According to the legal principle of the unity of rights and obligations, if the organizer is for profit, it should bear more obligations of protection and care for the participants, and it may be judged to bear obligations in the same way as the service contract.

2) The organizer and the participant are at fault. Fault includes both intentional and negligent. Intentionally refers to actively carrying out the act or allowing the consequences to occur, knowing that it will cause harmful consequences.

"Negligence" refers to the failure to foresee the harmful consequences due to negligence when the harmful consequences may have been foreseen, resulting in the occurrence of harmful consequences; Or even though they foresaw the possibility of harmful consequences and believed that they could be avoided, the harmful consequences eventually occurred.

3) The organizer fails to fulfill its due obligation to inform. There are risks associated with any outdoor activity. This requires the organizer to inform the participants of the possible risks of the event in an appropriate form during the gathering of participating partners.

4) The rules of the organization are unreasonable. Self-guided travel, sometimes referred to as the "AA system", is a cost-sharing, risk-taking activity. But sometimes due to the negligence of the organizer or in order to save trouble, one person collects money to settle the account, and finally settles the account with everyone.

If there is no accident, it will be peaceful; If an accident causes a dispute, it is easy to assume that the organizer is making a profit. Once the court presumes that the organizer is carrying out illegal profit-making activities, it is easy to be sentenced to bear a greater liability for compensation.

Two people were involved in an accident on a motorcycle, and the cyclist was fully responsible. If the traffic police determine that the motorcycle is not responsible for the accident, the other party is fully responsible. The losses of the two were also borne by the fully responsible party. But the overloaded traffic police will still be punished.

Legal analysisDriving a two-wheeled motorcycle, if it is overloaded by one person, that is, plus the owner of the car with a total of three people, even if the owner's documents are complete, and they are all wearing helmets, it is simply overloaded by one person, and the traffic police will also be fined 200 yuan, these penalties are thereLegal basisTarget. When driving, whether it is a car or a motorcycle, it is not allowed to overload, and the actual number of people cannot exceed the approved number, otherwise it will be found and the corresponding violation penalties will be given. The motorcycle is so big, and there is no seat belt, if it is overloaded, the consequences of the accident are very serious, and the back is directly thrown far away There may also be a secondary injury, and if a traffic accident occurs between motor vehicles, the party at fault shall bear the liability for compensation; Where both parties are at fault, responsibility is to be shared in proportion to their respective faults.

On-site investigation by the transportation department. The traffic police department shall require the parties or witnesses to sign on the scene map after reviewing the on-site investigation records, and may detain the vehicle and the relevant documents of the parties for the purpose of inspection. The traffic department determines the responsibility for traffic accidents.

After investigation, the traffic police department will determine the responsibility of the parties according to the role of the parties' actions in the traffic accident and the severity of the fault. Liability shall be borne according to the size of their respective liability. Specific compensation items include:

Medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, food subsidies, nutrition expenses, mental loss expenses, child support expenses, and follow-up expenses; Disability compensation shall also be paid if the disability is constituted.

Legal basisRoad Traffic Safety Law of the People's Republic of China Article 92 Where a highway passenger vehicle carries more passengers than the rated occupant, a fine of not less than 200 yuan but not more than 500 yuan shall be imposed; Anyone who exceeds 20% of the rated occupancy or carries goods in violation of regulations shall be fined not less than 500 yuan but not more than 2,000 yuan. If the freight motor vehicle exceeds the approved load weight, a fine of not less than 200 yuan but not more than 500 yuan shall be imposed; Anyone who exceeds 30% of the approved load weight or carries passengers in violation of regulations shall be fined not less than 500 yuan but not more than 2,000 yuan. If there is any act in the preceding two paragraphs, the traffic management department of the public security organ shall detain the motor vehicle until the illegal state is eliminated.

Where the vehicles of transport units have the circumstances provided for in paragraphs 1 and 2 of this article, and they do not change after punishment, the person in charge who is directly responsible shall be fined not less than 2,000 yuan but not more than 5,000 yuan.

1. Look at the proportion of your responsibility for the traffic accident in the traffic accident identification document.

2. You bear full civil liability for the two people who ride in your car, because you are obliged to ensure the safety of their ride. But if you can prove that the two people knew that they were overloaded and forced to get into the car, then you can reduce the responsibility a little bit, but you still have to bear most of it.

Legal analysis: The responsibility for the accident is divided by the traffic management department of the public security organ, and is determined according to the role of both parties in the accident and the degree of fault. The conclusion of the division of responsibility of the traffic police will be one of the following five liability situations, that is, one party bears "full responsibility, primary responsibility, equal responsibility, secondary responsibility, and no responsibility".

The proportion of liability borne by them will be different if they bear different responsibilities, because the liability for compensation is mainly based on the liability for the accident.

Legal basis: Provisions on Procedures for Handling Road Traffic Accidents Article 60 The traffic management department of the public security organ shall determine the responsibility of the parties according to the role played by the party's behavior in the occurrence of the road traffic accident and the severity of the fault.

1) Where a road traffic accident is caused by the fault of one of the parties, full responsibility shall be borne by the party;

2) Where 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 actions on the accident and the severity of the fault;

3) None of the parties is at fault for causing the road traffic accident, and if it is a traffic accident, none of the parties is liable.

If one party intentionally causes a road traffic accident, the other party is not liable.

If you know that you are a minor, drunk, without a driver's license, and there is a serious problem with the vehicle, the owner of the vehicle is responsible. Who is responsible for borrowing the car: 1. The principle of general grasp is that if it is proved that there is no problem when the lender lends the vehicle, then the responsibility belongs to the driver, and the lender has no responsibility.

However, when the lender lends the vehicle, there is a problem with the vehicle, and the final result is caused by the problem with the vehicle, and the lender has to bear a certain responsibility. 2. In the event of a traffic accident, the person driving the vehicle is the direct party and the most directly responsible person for the traffic accident, but if the lender lends the car in question to others, the lender is also liable. If the driver of the vehicle does not have a driver's license and there is a traffic accident, the lender is also liable, and the lender is obliged to check the driver's documents when lending the vehicle.

3. When civil compensation is to be carried out, first of all, the insurance shall be reported for insurance, and the responsible person shall compensate for the insurance without insurance or beyond the insurance, and if the lender is not at fault, the driver shall compensate, and if the lender is at fault, the lender and the driver shall jointly compensate.

4. Although the owner of the car lends his car to others and temporarily uses it for others, the owner has the obligation to ensure that there are no problems with his car when it is lent out, such as the more important parts of the vehicle, whether the brakes are easy to use, whether the tires are in danger of puncture, etc. At the same time, it is also necessary to ensure that the driver is qualified to drive and does not drink alcohol or take drugs to drive the vehicle without consciousness, in which case the probability of traffic accidents will increase dramatically. 5. The lender should also bear the corresponding responsibilities.

When the car owner lends the vehicle, it is best to write a loan agreement that clarifies the rights and obligations of both parties and who will be responsible in the event of a traffic accident. Of course, if you directly refuse to lend the vehicle, you can eliminate the risk at all.

Summary. If someone else rides your car and has a traffic accident, but you are not responsible, you do not have to pay compensation, you can explain the specific situation to me, I will serve you wholeheartedly.

If someone else rides your car and has a traffic accident, but you are not responsible, you do not have to pay compensation, you can explain the specific situation to me, I will serve you wholeheartedly.

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