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Liability for driving into a motorcycle should be based on the accident at the scene**.
Under normal circumstances, if you are hit by a car and a motorcycle, then it means that you caused the traffic accident, then you should be fully responsible for the accident. If the motorcycle is caused by a traffic violation, then you should be solely responsible for the accident if you are driving a motorcycle into it.
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Hello dear, I am studying automotive service engineering, for your question, 1First of all, it is not driving a motorcycle illegally, you hit it. 2.
Secondly, there is no slowing down at the zebra crossing, stopping to give way to pedestrians and looking at motorcycles, and now many motorcycles are on the zebra crossing. Pay attention to safety when driving, for responsibility, if it is the first case, it may be half of the points, or it may be the other party's full responsibility. If it is the second case, that is, you are fully responsible, how to calculate the responsibility, or to the scene to understand the situation to know the accurate, the above is a summary of personal understanding experience.
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In the event of a traffic accident, how to divide the responsibility, is not a casual conclusion, is the need for the traffic police to the scene, on-site investigation, the traffic police according to the actual situation to judge, and then by the traffic management department issued a "traffic accident responsibility letter" to determine the division of responsibility for the accident, the two sides of the traffic accident in accordance with the determination of the division of responsibility for compensation.
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The responsibility for driving into a motorcycle should depend on the circumstances of the scene of the traffic accident, depending on whose fault the traffic accident was caused.
If the car hits the rear of the motorcycle, it is a rear-end accident, then the motor vehicle bears full responsibility for the accident, and all losses are borne by the motor vehicle.
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The treatment of hitting a motorcycle while driving is based on the cause of this traffic accident. If the motor vehicle has no other traffic violations, causing a traffic accident, there must be a motorcycle to bear it. The motorcycle bears full responsibility for the accident.
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First of all, it depends on who is violating the law, if there are no violations, then the main responsibility of the driving director is greater, because you should avoid the motorcycle. This is a matter of etiquette that we learn from traffic law. If there is a violation, it will be judged according to the responsibility determination of the traffic police.
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In the event of a traffic accident involving a motor vehicle or motorcycle, the traffic police department will determine the responsibility for the accident according to whether the two parties at the scene are at fault or have a traffic accident caused by illegal acts. The division of your responsibilities is determined according to the situation on the spot.
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Whoever is responsible in the event of a traffic accident does not look at who hit whom, but who broke the law and caused the accident. Car violations, car liability, motorcycle violations, motorcycle liability, all illegal are responsible.
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If you drive a motorcycle and touch it, you should determine the responsibility of both parties according to the actual situation at the accident scene.
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It depends.
If both cars are following traffic laws, it is unlikely that an accident will occur.
Since there is an accident, there will definitely be one or both parties who have violated the rules.
In this case, you should call the police in time and ask the traffic police to determine the responsibility for the accident.
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The determination of responsibility for traffic accidents is based on the provisions of the Road Traffic Safety Law, and the second is to look at the causal relationship between the accident and the division of responsibility by the traffic police.
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It is recommended to report these traffic accidents directly to the traffic police as well.
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This needs to be discussed on a case-by-case basis.
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Legal analysis: The division of responsibility for a motorcycle hitting a car is: the car is driving normally, the motorcycle is hit, and the motorcyclist is injured, and the responsibility needs to be determined by the traffic police department, and a traffic accident liability determination letter is issued.
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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Summary. 1.If one party intentionally causes a road traffic accident, it shall bear full responsibility, and the other party shall not be liable.
2.If a road traffic accident is caused by the fault of one party, and the other party does not violate the rules, the party at fault shall bear full responsibility for the accident.
3.Where a party escapes, causing changes to the scene or loss of evidence, and the public security traffic management department is unable to verify the facts of the road traffic accident, the party who escaped bears full responsibility.
4.Where a party deliberately destroys or falsifies the scene or destroys evidence, it bears full responsibility for the accident.
What should I do if I hit a motorcycle while driving, and how should I calculate the responsibility?
Hello, I am happy to serve you, I will answer your questions in the next 2 hours, be sure to pay attention to the news in time.
1.If one party causes a road traffic accident with the right intention, it shall bear full responsibility, and the other party shall not be liable. 2.
If a road traffic accident is caused by the fault of one party, and the other party does not violate the rules and regulations, the party at fault shall bear full responsibility for the accident. 3.Where a party escapes, causing changes to the scene or loss of evidence, and the public security traffic management department is unable to verify the facts of the road traffic accident, the party who escaped bears full responsibility.
4.If the party deliberately destroys or falsifies the scene and destroys the evidence of repentance, he shall bear full responsibility for the accident.
Hello dear, I have replied to your question for you, I hope you can.
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Legal analysis: 1. If the motorcycle is driven without a license, then the motorcycle bears the main responsibility;
2. If it is not good to confirm the pure closure of responsibility, then divide the responsibility according to the responsibility determination formulated by the traffic police.
1) In the case of a traffic accident, one party must use a vehicle (including motor vehicles and non-motor vehicles), and there is no requirement for the scope of the other party. The other party may be a driver, passenger or pedestrian of a motor vehicle related to traffic activities, or other persons whose activities or behaviors are closely related to traffic but are not for the purpose of transportation.
2) The place where the traffic accident occurs shall be within the scope of the "road" specified in the Road Traffic Safety Law. According to the relevant provisions of Article 119, the definition of "road" in traffic accidents specifically refers to: highways, urban roads and places that allow the passage of social motor vehicles although they are within the jurisdiction of the unit, such as squares, public parking lots and other places with certain public access.
In addition, a vehicle accident that occurs in other places cannot be called a traffic accident, but after receiving the report of the party, the traffic police department shall, in accordance with Article 77 of the Road Traffic Safety Law, make an accident determination of the accident and make a traffic accident identification document, and the compensation standards of both parties to the accident can also be compensated with reference to the relevant laws, regulations and interpretations of traffic accidents.
Legal basis: Article 119 of the Road Traffic Safety Law of the People's Republic of China.
The meaning of the following terms in this Law: (1) "Road" refers to highways, urban roads, and places that are within the jurisdiction of the unit but allow the passage of social motor vehicles, including squares, public parking lots, and other places used for public passage.
2) "Vehicle" means motor vehicle and non-motor vehicle. (3) "Motor vehicle" refers to a wheeled vehicle that is driven or towed by a power unit and driven on the road for personnel or for transporting goods and carrying out special engineering operations.
4) "Non-motorized vehicles" refers to vehicles that are driven by human or animal power and driven on the road, as well as motorized wheelchairs, electric bicycles and other means of transportation for the disabled that are driven by power units but are designed to meet the top speed, empty mass, and external dimensions of the relevant national standards.
5) "Traffic accident" refers to the incident of personal or property damage caused by the fault or accident of the vehicle on the road.
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The responsibility for a motorcycle hitting a car is as follows:
1. The responsibility for the accident of the motorcycle hitting the car is divided by the traffic management department of the public security organ according to the behavior of the parties, the role played in the road traffic accident and the severity of the fault;
2. If it is caused by the fault of one party, it shall bear full responsibility;
3. If two or more parties are at fault, they shall bear the primary responsibility, equal responsibility and secondary responsibility respectively;
4. None of the parties is at fault, and none of the parties is liable.
1. The conditions for release on bail pending further investigation for the crime of causing a traffic accident are as follows:
1. Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently;
2. A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will not cause danger to society;
3. Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own babies, and are released on bail pending further investigation will not be a danger to society;
4. When the period of detention has expired and the case has not yet been completed, it is necessary to take bail pending further investigation.
2. The handling of the collision between a motorcycle and a car is as follows:
1. Call the police and notify the traffic police department;
2. On-site investigation by the traffic police department;
3. Determination of traffic accident responsibility of the traffic police department;
4. The traffic police department organizes compensation mediation;
5. If they are not satisfied with the mediation results, they shall file a lawsuit with the people's court;
6. The court makes a judgment after trial.
To sum up, the responsibility of the motorcycle and the car is generally divided by the traffic management department of the public security organ, which generally determines the responsibility of the motorcycle and the car according to the behavior of the motorcycle and the car, the role played in the occurrence of the road traffic accident and the severity of the fault.
[Legal basis].
Regulations on Procedures for Handling Road Traffic Accidents
Article 60 The traffic management department of the public security organ shall, according to the behavior of the parties play a role in the occurrence of road traffic accidents and the severity of the fault, determine the responsibility of the parties.
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.
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Legal analysis: 1. If the motorcycle is driven without a license, then the motorcycle bears the main responsibility; 2. If it is not good to confirm the responsibility, then divide the responsibility according to the responsibility determination formulated by the traffic police.
Legal basis: Article 1208 of the Civil Code of the People's Republic of China Where a motor vehicle is involved in a traffic accident and causes damage, it shall be liable for compensation in accordance with the Road Traffic Safety Law and the relevant provisions of this Law.
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According to the provisions of the Civil Code of the People's Republic of China, 1. If the motorcycle is driven without a license, then the motorcycle bears the main responsibility; 2. If it is not easy to confirm the responsibility, then the responsibility will be divided according to the responsibility determination letter formulated by the traffic police.
[Legal basis].
Article 1208 of the Civil Code: If a motor vehicle is involved in a traffic accident and causes damage, it shall be liable for compensation in accordance with the Road Traffic Safety Law and the relevant provisions of this Law.
Scrapped motorcycles generally have to apply to the traffic police department, the advantage is that the license is cancelled, what will not involve you in the future, and it will not affect the price of your motorcycle, the traffic police department just plays a supervisory role, the price or you negotiate with the scrapped company. But you don't sell it as much as you sell it privately. Because the traffic police department will ask to break the engine, and this engine is the most valuable thing to break the car.
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