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The determination of the responsibility for traffic accidents with obstacles depends on the sequence of vehicles entering the obstacle section and whether there are avoidance circumstances, if the front car enters first and the rear car does not avoid, resulting in an accident, the rear car shall bear full responsibility. After the accident, the traffic police department will check on the spot after the police report and issue a letter of responsibility within one month.
Legal analysisIn the obstacle section, if a car enters the obstacle road first, and the opposite car does not give way, resulting in a traffic accident, the traffic police will determine the latter to be fully responsible. Because after the former enters the obstacle section, the latter has more space to avoid, while the former can no longer find the space to meet the car, so in the obstacle section, please avoid the opposite vehicle in advance. The traffic management department of the public security organ shall determine the responsibility of the party according to the role of the party's behavior in the occurrence of road traffic accidents and the severity of the fault.
If a road traffic accident is caused by the fault of one of the parties, the party 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 actions on the accident and the severity of the fault; If none of the parties is at fault for causing the road traffic accident, none of the parties is liable if it is a traffic accident. If the parties have objections to the determination of the road traffic accident, they 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.
Legal basisArticle 72 of the Road Traffic Safety Law of the People's Republic of China After receiving a traffic accident report, the traffic management department of the public security organ shall immediately dispatch traffic police to the scene, first organize the rescue of the injured, and take measures to restore traffic as soon as possible. Traffic police shall conduct inquests and inspections at the scene of traffic accidents and collect evidence; The accident vehicle may be detained for the purpose of collecting evidence, but it shall be properly kept for verification. For the physical and mental conditions of the parties and other professional examinations, the traffic management department of the public security organs shall entrust a special agency to conduct an appraisal.
The evaluation conclusion shall be signed by the evaluator.
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There is an obstacle on the other side, and if there is an obstacle in various aspects of a traffic accident involving the other party's lane, borrow the other party's lane. It must be all your fault, as long as there is an obstacle, but you have to see the road conditions clearly to be able to have an obstacle on the other side, borrow the other lane to cause a traffic accident in various aspects, if there is an obstacle, borrow the other lane. It's all your fault, as long as there are obstacles, but you have to see the road to be able to proceed. Come to an end.
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After recording it, there are obstacles, and at this time you borrow the other party's lane, but there is a traffic accident again. The determination of this situation is more complicated, and the first thing to see is whether to record with the other party. If the other party is in the lane at this time, you change and there is no collision accident, then it is your full responsibility, but if you are already in the other party's lane and the other party does not let you believe it.
Then the traffic accident that occurs may be the sole responsibility of the other party.
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Third parties who pile up obstacles on one side of the road should be held responsible. It is a violation of traffic laws and regulations to pile up obstacles that affect the normal passage of vehicles. They should be held accountable.
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Since a traffic accident occurred while driving on the road, it must be fully or primarily responsible.
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When driving a motor vehicle on a road section with an obstacle encounters an oncoming vehicle on the opposite side, the party with the obstacle shall give way to the barrier-free party;
However, if the obstacle has entered the obstacle section and the barrier-free party has not entered, the obstacle will go first.
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According to the description of your problem, you should wait, not go retrograde.
In the event of a traffic accident, the traffic police shall make a determination of responsibility based on the investigation of the traffic accident scene.
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In this case, first of all, you have to have a clear understanding, what is the priority? What lag?
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Legal basis: Road Traffic Safety Law of the People's Republic of China
Article 104 Whoever, without approval, excavates a road, occupies a road for construction, or engages in other activities that affect road traffic safety, shall be ordered by the competent department of roads to stop the illegal act and restore the original state, and may be fined in accordance with law; Where losses are caused to passing persons, vehicles and other property, they shall be liable for compensation in accordance with law. Where there is an act in the preceding paragraph that affects road traffic safety activities, the traffic management department of the public security organ may order the illegal act to be stopped and traffic to be restored quickly.
Article 105 Where there is damage to a road during construction work or on a road, warning signs or protective measures are not set up in a timely manner, or traffic lights, traffic signs or traffic markings should be set up but not set up, or traffic lights, traffic signs and traffic markings should be changed in a timely manner but not changed in a timely manner, resulting in losses to passing personnel, vehicles and other property, the unit with relevant duties shall be liable for compensation in accordance with law.
Article 106: Where trees or other plants are planted on both sides of the road or on the separation zone, or billboards or pipelines are set up, blocking street lights, traffic lights, or traffic signs, and obstructing a safe visual distance, the traffic management department of the public security organ shall order the perpetrator to remove the obstruction; and where enforcement is refused, a fine of between 200 and 2,000 RMB is to be given, and the obstruction is to be forcibly removed, and the necessary costs are to be borne by the perpetrator.
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Summary. Hello, for your situation, I make the following analysis for you: Is the traffic accident responsible for the road obstacle Dear The obstacle on the highway causes a traffic accident, the highway management department shall bear the liability for compensation, and there is a contractual legal relationship between the highway management department and the victim, that is, the owner of the rear car, before the damage occurs.
Hello, for your situation, I make the following analysis for you: Is there any responsibility for the traffic accident in the road obstacle Dear The highway management department shall bear the liability for compensation caused by the traffic accident caused by the balance and closure of the obstacle on the highway, and the highway management department shall be liable for compensation.
Legal analysis by factual situation. If a traffic accident is caused by the inaction of the road administration, the chaotic escort can file an administrative lawsuit and require the road administration to bear the corresponding legal responsibility. The responsibilities of all parties in a traffic accident shall be subject to the "Traffic Accident Liability Determination" issued by the traffic department after investigation.
The relevant responsible person may be required to compensate, including medical expenses, funeral expenses, hospital meal subsidies, transportation expenses, accommodation expenses, lost work expenses, living expenses of dependents, disability compensation, death compensation, etc.; If a person digs a pit in a public place or on a road, repairs or installs underground facilities, etc., without setting up obvious signs and taking safety measures, causing damage to others, the builder shall bear tort liability. The construction unit shall carry out construction work in the approved road section and time, and set up obvious safety warning signs at a safe distance from the direction of the incoming vehicle at the construction site, and take protective measures; After the completion of the construction operation, the obstacles on the road should be quickly removed, and the potential safety hazards should be eliminated.
Legal basis: Article 59 of the Highway Law of the People's Republic of China conforms to the following highways that meet the technical level and scale specified by the competent departments of the transportation family, and vehicle tolls can be collected in accordance with the law: (1) Highways built by the local people's transportation departments at or above the county level using loans or raising funds from enterprises and individuals; (B) by domestic and foreign economic organizations in accordance with the law to transfer the toll road in accordance with the preceding paragraph of the right to collect toll rolling highways; (3) Highways built by domestic and foreign economic organizations in accordance with law.
Article 12 of the Regulations of the People's Republic of China on the Administration of Toll Roads shall be set up by the people of provinces, autonomous regions and municipalities directly under the Central Government in accordance with the following provisions of Jing Lead: (1) Expressways and other closed toll roads, except for the entrances and exits at both ends, shall not set up toll stations on the main line. However, except for the fact that it is necessary to set up toll stations between provinces, autonomous regions and municipalities directly under the Central Government.
2) On the same main line of a non-enclosed toll road, the distance between adjacent toll stations shall not be less than 50 kilometers. Article 13 Expressways and other closed toll roads shall be charged by computer networking, so as to reduce the number of toll stations and improve traffic efficiency. The specific measures for network charging shall be formulated by the competent department of transportation in conjunction with the relevant departments.
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Summary. Dear, responsible. According to the provisions of the Road Traffic Safety Law of the People's Republic of China, when driving a motor vehicle encountering road obstacles, measures should be taken to avoid or slow down to pass, and if a traffic accident is caused by road obstacles, it shall bear part or all of the responsibility.
Therefore, if a traffic accident occurs and the road obstacle has a certain responsibility relationship, the driver needs to bear a certain responsibility. If the obstruction is caused by a dropped object or the actions of other people, the relevant legal liability needs to be taken into account. For example, if there is an obstacle on the road due to poor property management, the property company needs to bear some responsibility.
However, if the accident is caused by the collapse of the scaffolding due to the failure of safety measures on the road site, the construction party needs to bear criminal liability.
Dear, there is a responsibility to believe. According to the provisions of the Road Traffic Safety Law of the People's Republic of China, measures should be taken to avoid or slow down when driving a motor vehicle when encountering road obstacles, and if a traffic accident is caused by road obstacles, it shall bear part or all of the responsibility. Therefore, if a traffic accident occurs and the road obstacle has a certain responsibility relationship, the driver needs to bear a certain responsibility.
If the obstruction is caused by a dropped item or the actions of other ship carriers, the relevant legal responsibilities need to be taken into account. For example, if there is an obstacle on the road due to poor property management, the property company needs to bear some responsibility. However, if the accident is caused by the collapse of the scaffolding due to the failure of safety measures on the road site, the construction party needs to bear criminal liability.
In addition, drivers need to maintain a high degree of vigilance and attention during road driving, and take timely measures to avoid or slow down through road obstacles. If the driver causes a traffic accident due to excessive fatigue, drunk driving, etc., and is related to road obstacles, then the driver's responsibility will be greater. Therefore, no matter what the cause of the traffic accident is, the driver needs to bear a certain amount of responsibility.
Therefore, when driving, you need to strictly abide by traffic laws, maintain a high degree of vigilance, and take timely measures to avoid road obstacles to ensure your own safety and protect the lives and property of others. <>
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Hello dear! Glad to answer your <>
If there is an obstacle on the road in a traffic accident, whether there is liability needs to be judged on a case-by-case basis. Generally speaking, if the obstacles on the road are legally set up and clearly marked, the driver of the vehicle should pay attention to prevention and avoidance during driving to ensure driving safety. However, if the obstacle is illegally erected or not clearly marked, and the driver of the vehicle is not aware of it, the obstacle may cause a traffic accident.
Of course, even if the obstacle is legally set up and clearly marked, the driver should take appropriate measures during driving, such as slowing down or changing the driving route, to reduce the possibility of accidents. In short, in a traffic accident, if the obstacle is the main cause of the accident, the liability should be determined in accordance with the relevant laws and regulations. Specifically, if the obstacle is set up improperly or there are defects, the management department or the obstacle installation unit may bear the corresponding legal responsibility and compensate for the personal and property losses caused by the accident.
If the driver fails to take the necessary precautions and avoidance measures, he may also be liable for the accident. Therefore, you should always be vigilant and vigilant during driving, pay attention to the road conditions and take necessary avoidance measures. If an obstacle is found to have potential safety hazards, it can be reported to the management department or setting unit in a timely manner, and assist in dealing with possible safety problems.
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