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First of all, you need to understand what the definition of hit-and-run is. Hit-and-run refers to the subjective knowledge of the dispatch of an accident, but fleeing the scene in order to avoid responsibility, or deliberately destroying the scene. It's a hit-and-run.
As you said, a small accident, whether the other party knew about it when it happened, whether you can prove that the other party knew, if you can't prove that the other party knew, then it can't be considered a hit-and-run.
The reverse is looking at responsibility. Your situation depends on who is responsible, if it is the other party, then the matter is over, you can repair the car yourself. If you are responsible, whether primary or secondary, for the accident, and you drive away from the scene knowing that the accident occurred, it can be considered a hit-and-run.
The size of the accident section. Of course, as mentioned above, if the other party can't prove that you know the sending of the accident, and you insist that you don't know that there was an accident, then you can't be identified as a hit-and-run, provided that if the other party calls the police, if you don't cooperate with the ** investigation, then it may also be determined that you are an escape.
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In this case, it is likely that your friend will be changed from secondary responsibility to primary or full responsibility. Admit your bad luck.
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Didn't solve it on the spot? How is it to call the police afterwards, if it is determined: it should be the main responsibility of the car party, and your friend is sentenced to the crime of not seeing enough car drivers, why not solve it on the spot, I don't understand, it's good to discuss and then leave, your friend just looked at his car and left, and it's always not good to don't ask people!
This kind of thing is easy to solve, at most it will pay a thousand and eight hundred!
The driver's license will not be revoked, but the points will be deducted, and the amount of deduction depends on the traffic police, there are regulations!
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It should be recognized as an escape, depending on the circumstances and the handling of the traffic police.
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After a traffic accident, fleeing for fear of being beaten is considered an escape. Subjectively, in order to evade legal responsibility or rescue obligations, driving the vehicle that caused the accident or abandoning the vehicle that caused the accident, and fleeing the scene of the accident; If there is an objective act of fleeing the scene, then it will be considered a hit-and-run. Fear of being beaten is an evasion of responsibility.
1. Whether it is considered an escape if you scratch someone else's car and drive away without paying attention.
I scratched someone else's car in the community, and I drove away without caring at the time, which is not an escape.
Traffic hit-and-run refers to the act of driving or abandoning a vehicle to flee the scene of a road traffic accident and absconding and hiding in order to escape legal responsibility after a road traffic accident.
The traffic management department of the public security organ shall, in accordance with the jurisdiction of the area and road conditions, formulate a traffic hit-and-run case investigation plan, and organize special forces to handle traffic hit-and-run cases. After the occurrence of a traffic hit-and-run case, the traffic management department of the public security organ shall immediately start the investigation plan, arrange police forces to intercept it, and investigate it through the national motor vehicle investigation and control system.
During the investigation and handling of hit-and-run cases by the traffic management department of the public security organs, the victims of the traffic hit-and-run cases and their families inquire about the investigation and handling of the case from the traffic management departments of the public security organs, except for the content that should not be disclosed in accordance with the law, the traffic management departments of the public security organs shall inform and make a record.
2. Is it considered an escape if you almost hit someone?
It needs to be considered in combination with the specific facts of the case, if you do not hit people but hit other vehicles or public facilities, it may also be considered an escape.
3. I would like to ask how to determine whether he escaped in a hit-and-run.
After a traffic accident occurs, the parties to the traffic accident drive a vehicle or abandon the vehicle to flee the scene of the traffic accident in order to avoid legal prosecution. The perpetrator needs to have fled the scene, and the purpose of the escape is to evade legal responsibility, and the perpetrator knows that a traffic accident has occurred, before it is found to constitute a hit-and-run.
Article 101 of the Road Safety Law of the People's Republic of China.
In violation of the provisions of road traffic safety laws and regulations, a major traffic accident occurs, constituting a crime, criminal responsibility shall be investigated in accordance with law, and the traffic management department of the public security organ shall revoke the motor vehicle driver's license.
If a person escapes after causing a traffic accident, the traffic management department of the public security organ shall revoke the motor vehicle driver's license, and shall not re-obtain the motor vehicle driver's license for life.
Paragraph 1 of Article 112 of the Provisions on Procedures for Handling Road Traffic Accidents.
The meaning of the following terms in these provisions is virtual grip:
1) "Traffic hit-and-run" refers to the act of driving or abandoning a vehicle to flee the scene of a road traffic accident or absconding and hiding in order to evade legal responsibility after a road traffic accident occurs.
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[Traffic hit-and-run]: refers to the behavior of the parties involved in the traffic accident to escape the scene of the traffic accident by driving a vehicle or abandoning the vehicle in order to escape legal prosecution after a traffic accident.
The main conditions for the composition of a hit-and-run are: the perpetrator knows that he has caused the traffic accident, that is, the perpetrator must know that his behavior caused the traffic accident when he escapes, which is the subjective cognitive factor of the perpetrator. Article 85 of the Regulations on Procedures for Handling Road Traffic Accidents (Order No. 104 of the Ministry of Public Security) stipulates:
Article 85] The meanings of the following terms in these Provisions:
1) "Traffic hit-and-run" refers to the behavior of a party to a road traffic accident who drives or abandons a vehicle to flee the scene of a road traffic accident in order to evade legal prosecution after a road traffic accident.
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Hit-and-run refers to an illegal act in which the person concerned knows that he has had a traffic accident and deliberately flees the scene of the accident in order to evade responsibility for the accident after a traffic accident occurs, and does not report the case to the public security organ. There are two situations: 1. Both people and vehicles fled the scene of the accident after the accident; 2. Abandon the car and escape, that is, the party leaves the car at the scene and the person flees the accident scene.
Hit-and-run after a traffic accident is a very bad and serious violation, for which the person concerned must bear the serious consequences against himself. The original regulations on the handling of road traffic accidents stipulate; 1. If the person escapes after causing a traffic accident and the responsibility for the traffic accident cannot be determined, he shall bear full responsibility; 2. Revoke the driver's license and not apply for a driver's license within two years; 3. Where the victim dies as a result of escape, the sentence is to be 7 years imprisonment in accordance with the provisions of the Criminal Law, and under normal circumstances, the punishment for death caused by a traffic accident is up to 3 years imprisonment or short-term detention. The Road Traffic Safety Act stipulates:
If a person escapes after causing a traffic accident, the traffic management department of the public security organ shall revoke the motor vehicle driver's license, and shall not re-obtain the motor vehicle driver's license for life. This is commonly referred to as a lifetime driving ban. Where the death of the victim is caused by escape, the sentence is to be 7 years or more imprisonment in accordance with the provisions of the Criminal Law.
The new law increases penalties for traffic hit-and-runs. Here, I also remind the majority of drivers to stop immediately, rescue the injured, protect the scene, and immediately call the police after a traffic accident. Don't choose to escape, if you escape for a while, you can't escape for a lifetime, and you can't escape the punishment of the law in the end.
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How to determine the behavior of traffic hit-and-run.
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Traffic hit-and-run refers to the act of a motor vehicle driver fleeing the scene of the accident without authorization at the same time as a traffic accident, so that the civil, criminal and administrative liability caused by the traffic accident cannot be determined, and its purpose is to shirk and escape responsibility.
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Unfortunately, it was a hit-and-run.
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Absolutely, can't be absolute, although it's a bit resentful.
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This is not a hit-and-run traffic accident, this is a very ordinary traffic accident, and whose responsibility belongs to it is also to go through the on-site investigation and investigation and research of the traffic police to draw conclusions. Besides, there are also those who return to the scene to deal with it. Escape generally refers to the perpetrator fleeing the scene knowing that it is his or her responsibility.
Don't face the subjective consciousness of irresponsibility.
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I don't think so, you're so cute. I took the initiative to go back, and I also called the police and the insurance company, and I didn't escape, and I feel that it should be the responsibility of the other party, or it depends on how the traffic team decides!
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What should be done in a traffic hit-and-run.
First, the parties knew that a traffic accident had occurred at the time;
second, the parties subjectively want to evade legal liability;
Thirdly, the scene of the traffic accident has been left.
Only when the above three conditions are met can it be determined that it is a traffic hit-and-run, otherwise, it is inevitable that the determination that the party left the scene of the accident is an escape is too strict, and at the same time, it has no basis in law and is inconsistent with the circumstances.
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It is not a hit-and-run because you did not collide with the other person and did not form a traffic accident, so it is not a hit-and-run.
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It depends on whether you cross the line when overtaking, if you do, you are driving illegally, because you are driving illegally and occupying the other party's lane and affecting the other party's driving, so you should bear most of the responsibility. As for whether it is a hit-and-run, it depends on whether there is subjective behavior.
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That is called the traffic police to wipe the road.
It's not your problem, and firmly say no.
If he admits it, he probably won't look it up.
Generally depends on the direction in which the motorcycle falls.
Then you're a little wrong.
There should be no overtaking.
Looking for witnesses.
Prove that it wasn't you who hit the door.
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