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Anonymous users2024-02-13Legal Analysis: The principles for determining the liability for road traffic accidents with rent are as follows:
1. The party has violated the rules. That is, the parties involved in the traffic accident have violated road traffic regulations, which is commonly known as violations. If there is no violation, it is not a traffic accident.
2. There is a causal relationship between the violation and the result of the damage. If there is a causal relationship between the traffic violation and the traffic accident, the corresponding traffic accident responsibility shall be borne. If the party concerned has not violated the rules or has violated the rules, but there is no causal relationship between the violation and the traffic accident, he shall not be liable for the traffic accident.
3. The extent to which the party's violation of the rules and regulations plays a role in the traffic accident shall determine the extent to which the party should bear the responsibility for the traffic accident. If a traffic accident is caused by the violation of the rules of one party, the party who has violated the rules shall bear full responsibility for the accident. If the violations of the two pure parties jointly cause a traffic accident, the party that plays a large role in the traffic accident shall bear primary responsibility, and the other party shall bear secondary responsibility, and if the violation plays an almost equal role in the traffic accident, the two parties shall bear equal responsibility.
Where the violations of the three or more parties jointly cause a traffic accident, the responsibility shall be divided according to the role of each party's violation in the traffic accident.
Legal basis: "Road Traffic Safety Law of the People's Republic of China" Article 73 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, make a traffic accident identification document in a timely manner 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.
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Anonymous users2024-02-12Legal analysis: There are roughly four principles of attribution or identification of traffic accidents: first, the principle of fault liability, the principle of presumption of fault, the principle of no-fault liability, and the principle of fair responsibility.
Legal basis: Article 45 of the Provisions on Procedures for Handling Traffic Accidents Article 45 When determining the responsibility for a traffic accident, it is necessary to determine which behaviors played a role in the accident and the extent of the role. With regard to those acts that played a role in the accident, it is the acts that have a direct causal relationship with the accident that work.
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Anonymous users2024-02-11Legal analysis: 1. The parties have violated the rules.
2. There is a causal relationship between the violation and the result of the damage.
3. The extent to which the party's violation of the rules and regulations played a role in the traffic accident shall determine the extent to which the party should bear the responsibility for the traffic accident.
Legal basis: Article 73 of the Road Traffic Safety Law of the People's Republic of China The traffic management department of the public security organ shall, according to the inquest, inspection and investigation of the traffic accident scene and the relevant inspection and appraisal conclusions, make a traffic accident identification document in a timely manner, as evidence for the handling of traffic accidents with beams. The grand letter of determination of traffic accident shall state the basic facts of the traffic accident, the causes and the responsibilities of the parties, and serve them on the parties.
This is a more controversial issue, some claim to get double compensation, some claim can only get the highest compensation, in our national practice, the vast majority of provinces and cities have stipulated that they can not receive double compensation, and earlier, the state also has relevant documents stipulating that in accordance with the principle of reciprocity of loss and compensation, the same damage can not get two compensation, and then there is a more profound significance that the traffic accident itself is not injured at work, in fact, it is an extension of the work injury, not a real sense of the work injuryIf you get two compensations, it will cause the interests of the workers who are really injured at work to be damaged, that is to say, if you are really injured at work, you can't get two compensations, and if you don't get two compensations for work-related injuries in the real sense, it is obviously unfair
After the police determine the responsibility and are not satisfied, you can apply for a review. After the compulsory traffic insurance is compensated, the insufficient part shall be compensated according to the liability. >>>More
According to the provisions on the handling of road traffic accidents, the scope of compensation for damages includes: medical expenses, lost work expenses, hospital meal subsidies, nursing expenses, transportation expenses, accommodation expenses and direct property losses. If disability is caused, there are also disability compensation, disability equipment expenses and spiritual solace money; In the event of death, there shall be death compensation, living expenses for dependents, etc., and each compensation item shall be determined according to the actual situation, and the expenses shall be settled at one time. >>>More
Now the road has no primary and secondary distinction in the traffic rules, there is no traffic light and no yield sign, it is necessary to abide by the right side of the first, before entering the intersection to carefully observe and then pass, to you pass through the intersection does not affect the normal driving of the vehicle on the right, the right vehicle hit you, indicating that you hindered the normal driving of the right, the responsibility is great. The other party's motorcycle was drunk and the vehicle was not inspected on time, and it did not fulfill its obligation to pay attention to safety, so it also has to bear certain responsibilities. There is nothing wrong with this accident, unless the other party is seriously speeding and you can't judge normally, but this kind of evidence is difficult to find.
The transportation department determined responsibility, dissatisfied with the collection of evidence, and applied for a review. >>>More