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Not necessarily, although rear-end collisions are generally the responsibility of the rear car; If you are rear-ended by the rear while changing lanes (when your car presses against the lane markings during the rear-end collision), it is your responsibility.
In a rear-end collision, there are three situations in which the vehicle in front is fully responsible:
1. The car in front is driving on a road that is not its exclusive use. For example, on the highway (there are also expressways in some cities), under normal circumstances, the leftmost lane is the fast lane, and large trucks are not allowed to drive, such as driving a small car to rear-end a large truck, and the front car is fully responsible. This is also the case with city bus lanes.
2. Solid line emergency line change. In the process of driving, if the road is a solid road, there is a vehicle overtaking and pickpocketing, resulting in the brake not being able to rear-end collision, the traffic police can be judged to be fully responsible for the car in front after a clear investigation of the facts.
3. In the state of high-speed driving, the emergency braking of the vehicle in front leads to a rear-end collision. This is the most difficult to judge, the traffic police can judge the full responsibility of the car in front after measuring the brake marks and determining the facts. However, there are also cases where someone suddenly crosses the front of the car at the beginning of the start, resulting in emergency braking and causing a rear-end collision, in which case the rear car is fully responsible.
There is also a situation that is illegal, the car in front is illegal, there is no driver's license, or there is no driving license or the double license has expired, such as a rear-end collision, if the rear car does not obviously violate the traffic rules, the car in front is usually fully responsible.
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Rear-end accidents are the most, so is it all the responsibility of the rear car? Actually, no, if these situations occur, it is the responsibility of the car in front.
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Traffic accidents caused by rear-end collisions are the responsibility of the rear car, and the front car also has a floating responsibility level for violations.
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In the case of a traffic accident in the front car and a rear-end collision in the rear car, the responsibility is divided according to the role of the party's behavior in the road traffic accident and the degree of fault of Yan Kai. In the event of an accident in the vehicle in front and the vehicle behind failing to maintain the necessary safety distance in time, the rear-end collision is the full responsibility of the vehicle behind.
According to Article 60 of the Provisions on Procedures for Handling Road Traffic Accidents, the traffic management department of the public security organ shall determine the responsibility of the parties according to the role of the parties' actions in the occurrence of road traffic accidents and the severity of their faults.
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.
Other regulations regarding the passage of traffic.
Article 43 of the Road Traffic Safety Law of the People's Republic of China stipulates that the rear vehicle shall keep a safe distance sufficient from the vehicle in front of the vehicle to take emergency braking measures. In any of the following circumstances, no overtaking is allowed:
1) The vehicle in front is making a left turn, making a U-turn, or overtaking;
2) There is a possibility of meeting the car with the oncoming car on the opposite side;
3) The vehicle in front is a police car, fire truck, ambulance, or engineering rescue vehicle performing an emergency mission;
4) There are no overtaking conditions for passing through railway crossings, intersections, narrow bridges, curves, steep slopes, tunnels, pedestrian crossings, and sections with large traffic flow in urban areas.
The above content refers to the China ** Network - Road Traffic Accident Handling Procedure Regulations.
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Summary. In the vast majority of cases in a rear-end collision, the rear car is fully responsible, and a very small part of the remaining is primarily responsible
1.In the absence of a record to prove that the car in front of you suddenly stopped and did not move, you are fully responsible;
2.You don't have enough braking distance, which leads to this rear-end collision.
How to determine the responsibility for a traffic accident in front of the car and a rear-end collision in the rear car.
Hello, I am a legal consulting lawyer of the platform, I am reading your question, please wait for me a little longer
In the vast majority of cases in the rear car in the rear-end accident, the full responsibility, and the remaining small part of the extreme noise is the main responsibility: 1In the absence of a record to prove that the car in front of you suddenly stopped and did not move, you are fully responsible; 2.
You don't have enough braking distance, which leads to a rear-end collision.
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 rear-end traffic accident is formed, the front car bears the secondary responsibility for the accident, and the rear cautious car bears the main responsibility for the accident;
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The following is the responsibility of the car in front:
1. If the front car suddenly stops, causing a rear-end collision, if the front car suddenly stops, it is impossible for the rear car to keep a safe distance and avoid collision, so the division of responsibility is for the front car;
2. Sudden U-turn, if it is normal driving, sudden U-turn, the rear-end collision caused by the collision also needs to consider the responsibility of the car in front;
3. If the front car is in a different lane, if it is in a different lane, if it is the front car or often changes the line, even if the rear car keeps a safe distance, it is also in a different lane, and it is very common to suddenly change lanes and rear-end collisions, which is the responsibility of the front car at this time.
How to divide the responsibility for traffic accidents.
1. If a traffic accident is caused by the violation of the rules of one party, the party with the violation shall bear full responsibility, and the other party shall not be liable for the traffic accident;
2. If the violations of the two parties jointly cause a traffic accident, the party that plays a large role in the traffic accident shall bear the primary responsibility, and the other party shall bear secondary responsibility; If the violation plays an almost equal role in the traffic accident, the two parties shall bear equal responsibility;
3. If the violations of the three or more parties jointly cause a traffic accident, the responsibility shall be divided according to the role of their respective violations in the traffic accident.
[Laws and Regulations].Article 61 of the Provisions on Procedures for Handling Road Traffic Accidents.
In any of the following circumstances, the parties shall bear full responsibility:
1) Fleeing after a road traffic accident;
2) Intentionally destroying or fabricating a scene or destroying evidence. Where parties abandon their vehicles and flee or abscond and hide in order to evade pursuit of legal responsibility, if there is evidence showing that the other parties are also at fault, responsibility may be appropriately reduced, but where there is evidence at the same time showing that the fleeing party has the circumstances in item (2) of the first paragraph, it is not to be mitigated.
If both cars are driving normally, and the car behind suddenly accelerates, resulting in a collision with the car in front, the responsibility should be determined to be the responsibility of the accelerating vehicle, and the owner of the accelerating vehicle shall bear all the responsibilities. If it is due to the abnormal deceleration of the vehicle in front of it, resulting in the rear-end collision of the rear vehicle, the responsibility is, of course, borne by the owner of the decelerated vehicle, which is a relatively common phenomenon. When judging the determination of responsibility for a rear-end collision, we must first determine whether the two vehicles are kept at a specified safety distance, which is the key to the determination of responsibility. >>>More
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
It is a traffic accident crime.
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 >>>More
Haven't this question been answered, and I'm not at ease. >>>More
It is recommended that you find a professional lawyer to help you do this, which is roughly the following process. If the other party has 100,000 commercial insurance, the 100,000 of the compulsory traffic insurance (this total should be 122,000, but it is apportioned according to various proportions, and basically you can't get the number you said) is enough for the 200,000 you said. However, if the other party is speeding, the insurance company will have a waiver (this is based on the content of the traffic accident liability letter issued by the traffic management department), which is about 30% of the deductible (this can be discussed with the insurance company). >>>More