Falling over the guardrail and falling in the middle of the road, and being hit by a taxi, who do yo

It must be the responsibility of the person who climbs over the guardrail, and there is a rule in the traffic rules that you are not allowed to climb over the guardrail. The taxi is driving normally and does not violate the rules of the road, so it must be the responsibility of the person who climbs the guardrail, there is no doubt about it.

Both parties are responsible, first of all, the middle fence, pedestrians can not cross, which is a serious violation of traffic laws and is a wrong demonstration, and the taxi driver does not notice the pedestrian on the fence, also has a certain responsibility.

The protective fence fell in the middle of the road, and was hit by a taxi, I think both parties are responsible, ** did not repair the protective fence in time, resulting in potential safety hazards during the driving process, the taxi driver did not pick up in time after finding that the protective fence fell in the middle of the road, but chose to hit, indicating that he has no sense of responsibility.

I think it's personal responsibility because climbing over the guardrail is against the local traffic laws.

Whoever is killed by jumping over the guardrail must bear no more than 10% of the liability for compensation even if the motor vehicle is not at fault, and the pedestrian shall bear at least 90% of the accident liability.

In a traffic accident, the full responsibility and primary liability have an impact on the compensation or the assumption of compensation liability, in the case of a traffic accident between a motor vehicle and a non-motor vehicle driver or pedestrian, the motor vehicle party bears full responsibility in the traffic accident and bears 100% of the liability for compensation, if the motor vehicle party bears primary responsibility in the traffic accident, bears 80% of the liability for compensation, and if the motor vehicle party bears secondary liability in the traffic accident, bears 40% of the liability for compensation. In the event of a traffic accident between a motor vehicle and a motor vehicle, if the motor vehicle is fully responsible for the traffic accident, it shall bear 100% of the compensation liability, if it is primarily responsible, it shall bear 70% of the compensation liability, and if it bears secondary liability, it shall bear 30% of the compensation liability.

The proportion of primary and secondary liability is not clearly defined, and needs to be analyzed on a case-by-case basis, with general primary liability requiring 60% to 100% responsibility and secondary liability covering 10% to 40% liability. Where one of the parties has the conditions to report the case, but fails to report the case or fails to report the case in a timely manner, so that the responsibility for the traffic accident cannot be determined, it shall bear full responsibility. Where a party escapes or neglects to destroy, falsify the scene, or destroy evidence, making it impossible to determine responsibility for the traffic accident, they shall bear full responsibility.

Regulations on Procedures for Handling Road Traffic Accidents

Article 60 The traffic management department of the public security organ shall, according to the role of the party's conduct in the occurrence of a road traffic accident and the severity of the fault, determine the responsibility of the party. (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) If a road traffic accident occurs due to the fault of two or more parties, according to the effect of their actions on the occurrence of the Yinxiao accident and the severity of the fault, they shall bear primary responsibility, equal responsibility and secondary responsibility respectively;

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.

Legal analysis: The penalties for hitting the roadside guardrail and walking directly are as follows: 1. After hitting the guardrail and escaping, if it does not constitute a crime, the traffic management department of the public security organ shall impose a fine of not less than 200 yuan but not more than 2,000 yuan, and may be detained for up to 15 days; 2. Where a crime is constituted, criminal responsibility shall be pursued in accordance with law.

Any of the following acts shall be fined not less than 200 yuan but not more than 2,000 yuan by the traffic management department of the public security organ: 1. Driving a motor vehicle without obtaining a motor vehicle driver's license, having a motor vehicle driver's license revoked, or driving a motor vehicle during the period when the motor vehicle driver's license has been suspended; 2. Handing over a motor vehicle to a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or temporarily detained; 3. Fleeing after causing a traffic accident does not constitute a crime.

Legal basis: Article 99 of the Road Traffic Safety Law of the People's Republic of China Any of the following acts shall be fined not less than 200 yuan but not more than 2,000 yuan by the traffic management department of the public security organ

1) Driving a motor vehicle without obtaining a motor vehicle driver's license, having a motor vehicle driver's license revoked, or during the period when the motor vehicle driver's license has been suspended;

2) Leaving a motor vehicle to be driven by a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or suspended;

3) Fleeing after causing a traffic accident that does not constitute a crime;

4) The motor vehicle is driving more than 50% of the speed limit;

5) Forcing a motor vehicle driver to drive a motor vehicle in violation of road traffic safety laws, regulations, or requirements for safe driving of motor vehicles, causing a traffic accident, which does not constitute a crime;

6) Forcibly passing in violation of traffic control regulations and not listening to dissuasion;

7) Intentionally destroying, moving, or altering transportation facilities, causing harmful consequences, but it does not constitute a crime;

8) Illegally intercepting or detaining motor vehicles, and refusing to heed dissuasion, causing serious traffic obstruction or relatively large property losses.

Where the perpetrator has any of the circumstances in items (2) or (4) of the preceding paragraph, the motor vehicle driver's license may be revoked concurrently; In any of the circumstances in items 1, 3, 5 through 8, they may be detained concurrently for up to 15 days.