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You are jointly and severally liable.
According to Article 3 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, "Where two or more persons cause damage to others with joint intention or joint negligence, or even though there is no joint intention or joint negligence, their infringing acts directly combine to cause the same harmful consequences, it constitutes joint infringement and shall be jointly and severally liable." ”
If your car is borrowed, you will be jointly and severally liable.
If your car is stolen, the perpetrator is liable for damages, and you are not jointly and severally liable.
In this accident, because of your negligence, you left the car keys in the room, so that your friend could easily obtain the car keys, which led to the accident, so you must be responsible for this result. Of course, after you have made compensation, you can still recover from the specific perpetrators.
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You know that the borrower doesn't have a driver's license, and it's your fault that you lend him the car, and even though he didn't have your consent this time, he is free to use your car, and it belongs to you [knowingly] and didn't [stop] it, so you are partly responsible, but the root cause of this accident is that he was driving the vehicle without a license and under the influence of alcohol.
The specific compensation depends on whether the judge accepts your actions.
I'll teach you a few tricks: 1 Prove that the keys were stolen by him, 2 Prove that you have ever prevented him from using your car.
3 Emphasize [drunk] driving, shift the focus and shift the blame to the drinker.
Then there are the rules for the drinkers.
If you are injured while drinking and driving, you should be liable for civil compensation as a persuader.
This is because as an adult, knowing that others are driving, is a highly dangerous job. He was also advised to drink alcohol, which increased the degree of danger and increased his degree of danger, and he was at fault for a certain extent, and he should bear corresponding responsibility for the damage. Of course, drunk drivers are also at fault, knowing that they are driving, but still drinking, and the damage and even death caused to them (here is a condolence), they should also bear an irregular responsibility.
and his wife and friends, who knowingly knew that they had been drinking and deliberately instructed or instigated them to drive and caused the accident, should bear the responsibility for the consequencesIt's very simple, just get in the car.
For death, which is related to the hospital and the family of the deceased, the specific issues are analyzed on a case-by-case basis, and whether or not to wear a helmet and so on.
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The law speaks of the feelings! So you have to understand! Did you lend it to him, or did he steal it privately!
The law states that when an accident occurs, the owner of the car bears the first responsibility!
If your friend confirms that you lent him the car, then you will be responsible for at least %50-70%!
You should now be sure that the perpetrator is stealing your car! And come up with some proof!
Otherwise, you're in big trouble!
Please start changing your tune now! Don't say lent him a car!
You can also ask the relevant departments for evidence!
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Legal Analysis: Liability of Motorcycles In general, rear-end collisions are the responsibility of the rear vehicle. Determination of liability for rear-end traffic accidents:
1. In the rear-end traffic accident caused by the rear car hitting the driving front car, the rear car shall bear full responsibility;
2. If the front car has no tail lights at night, the front car bears the secondary responsibility for the accident, and the rear car bears the main responsibility for the accident;
3. After the front car stops on the road and fails to turn on the hazard warning flashing lights and set up warning signs according to the regulations, the front car bears the secondary responsibility for the accident, and the rear car bears the main responsibility for the accident;
4. After the front car stops on the road, the hazard warning flashing lights are turned on and warning signs are set up according to the regulations, and the rear car bears all the responsibility for the accident after the rear-end traffic accident;
5. In the case of a rear-end traffic accident caused by the over-length vehicle in front and the failure to set up obvious warning signs in accordance with the regulations, the vehicle in front bears the secondary responsibility for the accident and the rear vehicle bears the primary responsibility for the accident;
6. In the case of a rear-end traffic accident caused by the front car reversing or slipping into the rear car, the front car shall bear full responsibility for the accident.
Legal basis: Article 133 of the Criminal Law of the People's Republic of China Whoever violates the regulations on the administration of transportation and thus causes a major accident, causing serious injury or death to a person or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.
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Summary. Hello, riding a motorcycle hit a roadside truck on the spot to die 200,000 compensation, according to the laws of our country, the truck parked on the side of the road, the motorcycle hit, generally the motorcycle is primarily responsible, the truck is secondarily responsible. Specifically, it should be determined according to the division of responsibility of the traffic police department for traffic accidents.
Hello, riding a motorcycle hit the roadside truck on the spot death compensation of 200,000, according to the laws of our country, the truck parked on the side of the road, the motorcycle hit, generally the motorcycle is the main responsibility for the pickpocket, the truck is responsible for the secondary damage. Specifically, it is necessary to judge this according to the division of responsibility of the traffic police department for traffic accidents. <>
Hello, if the motorcycle is mainly responsible, then the large truck generally needs to bear 20 to 30% responsibility. According to the death compensation of traffic accidents, large trucks have to bear about 200,000 yuan, but according to different places, the economic level is different, so the specific amount of compensation is also different. The specific amount of compensation can only be determined according to the division of responsibilities of the traffic police.
Warm reminder, during the national epidemic prevention and control period: if you have symptoms in the absence of this, seek medical attention as soon as possible. Take the initiative to do a good job of health monitoring, if you have fever, cough and other symptoms, go to the fever clinic in time, avoid taking public transportation on the way, take the initiative to inform the travel and residence history, contact history, do not hide the limbs in Lizhou, do not avoid it, and follow the doctor's instructions for observation and investigation.
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The answer is: because the truck driver didn't drive.
Explanation and analysis: This title is a brain teaser question, the question asks "Why is a truck driver who knocked down a motorcyclist, the truck driver was seriously injured, but the motorcyclist was fine"; Normally, if a truck hits a motorcycle, then it must be the motorcyclist who is injured, but the title says that the truck driver knocks down the motorcycle, so only if the truck driver is not driving the truck, the person who hits the motorcycle will be injured.
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Summary. Dear, I am glad to answer for you: 1. First determine the nature of the deceased's household registration or whether he has a job 2. Determine the cooperative attitude of the party responsible for the accident Claim method:
1. Death compensation: Combined with the nature of the deceased's household registration or work situation, the compensation shall be made within 110,000 yuan within the compulsory insurance limit of the other party's car, and the excess part shall be divided into 55% according to the responsibility (this is very critical) 2. Funeral expenses: compensation according to local standards 3. Spiritual solace:
You can claim 25,000 yuan 4, the living expenses of the dependents: this is the maintenance expenses of the old mother, according to the number of brothers and sisters of the deceased to divide the compensation 5, the children and the deceased's wife no cost compensation 6, related transportation expenses, lost work expenses appropriate corresponding compensation, etc., it is recommended that the landlord find the law firm where the accident occurred for consultation and litigation settlement, which is the best form.
Three people were drinking together, and one of them was hit by a truck on a motorcycle and died, how to compensate.
Dear, I am glad to answer for you: 1. First determine the nature of the deceased's household registration or whether he has a job 2. Determine the cooperative attitude of the party responsible for the accident Compensation method: 1. Death compensation:
Combined with the nature of the deceased's household registration or work situation, first compensate within the limit of the other party's car's compulsory traffic insurance of 110,000 yuan, and the excess part will be divided into 55% of the responsibility (this is very critical) 2. Funeral expenses: compensation according to local standards 3. Spiritual solace: 25,000 yuan can be claimed 4. Living expenses of dependents:
This is the maintenance cost of the old mother, according to the number of siblings of the deceased to divide the compensation 5, children and the deceased's wife no cost compensation 6, related transportation expenses, lost work expenses appropriate corresponding compensation, etc., it is recommended that the landlord find the law firm where the accident occurred for consultation and litigation settlement, this is the best form.
Legal basis: "Road Traffic Safety Law of the People's Republic of China" Article 91 Anyone who drives a motor vehicle while intoxicated shall be restrained by the traffic management department of the public security organ until he sobers up, and the motor vehicle driver's license shall be revoked, and criminal responsibility shall be investigated in accordance with law; A motor vehicle driver's license may not be re-obtained within five years.
One of them was hit and killed by the truck driver, and all the expenses were borne by the truck driver, the three of them drank together, and one of them died unexpectedly on the way home, and whether the other two were liable depends on the cause of death. If the death is caused by personal physical reasons or a traffic accident, the person who drank together is not responsible. If it was the death caused by excessive drinking, the other two were still at fault and needed to be held responsible.
The main thing is to bear the responsibility of unfavorable supervision, and the amount of compensation depends on the requirements of the deceased's family, depending on the situation.
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If the crime of causing a traffic accident is constituted, the sentence shall be up to three years imprisonment or short-term detention; where there is an escape after causing a hit, or there are other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Anyone who causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.
[Legal basis].
Article 133 of the Criminal Law of the People's Republic of China.
Whoever violates traffic and transportation management regulations, thereby causing a major accident, causing serious injury or death, or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.
Article 2 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents.
In any of the following circumstances, a traffic accident is to be sentenced to fixed-term imprisonment of not more than three years or short-term detention
1) Where one person is killed or three or more persons are seriously injured, and the person bears full or primary responsibility for the accident;
2) Where three or more people are killed, they bear equal responsibility for the accident;
3) Causing direct damage to public property or other people's property, bearing full or primary responsibility for the accident, and being unable to compensate the amount of 300,000 yuan or more.
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As long as the big truck has no illegal behavior, that is, this accident, after the traffic police survey the scene, it was judged that the stupid Songwu was not responsible for the big truck, the motorcycle hit the big truck itself, the motorcycle driver died, and the big truck driver took or did not have to bear any responsibility.
Start slowly and loosen the clutch oil.
Grabbed a motorcycle? If you are not the principal offender, you will have to pay 3 years. Now it's hard to crack down.
Friend. It's not about me, I'm you. Don't buy pedals. It is five thousand. His fuel consumption is comparable to that of a car. Buy it and you'll regret it. Buying a straddle of four or five thousand is several times better than pedals.
Hello, according to the situation you described, under normal circumstances, the car is a motorcycle can be returned, but the corresponding fines must be imposed, because he belongs to driving without a license, and his personal behavior will be punished, and the vehicle can be applied for to get back, thank you, I hope to help you.
Legal analysis: First of all, driving without a license is not the cause of the accident and has nothing to do with the determination of accident responsibility. The liability of a driver who drives a motorcycle without a license after a traffic accident shall be determined according to the role played by the actions of both parties to the accident in the occurrence of the road traffic accident and the severity of the fault. >>>More