How to divide the responsibility for a tractor being rear ended by a car without a license

If a tractor is rear-ended by a car without a license, its responsibility is divided according to the role of the party's behavior in the occurrence of the road traffic accident and the severity of the fault. Driving without a license shall be handled separately by the traffic management department.

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) If a road traffic accident is caused by the fault of one of the parties, it shall bear full responsibility;

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.

It is two different things for you to chase you after the other party with a certificate or not, and you will not be treated as one accident if you have a certificate. He chases you after the tail is the other party's full rule. As for you not having a license, whether you are fined or deducted depends on the provisions of the corresponding laws and regulations. Don't be intimidated by the other party, go straight to the official process.

You will only be asked about your driver's license after the rear-end accident is resolved.

Summary. The responsibility for traffic accidents is divided by the traffic police, who make judgments based on the cause of the accident. Then according to the cause, it is the fault of which party, the greater the fault of the party, the greater the responsibility, of course, also to bear the main liability, so the size of the accident liability is closely related to the liability for compensation.

In addition, the traffic police do not make the division of responsibility orally, but need to issue a written "Accident Responsibility Determination", which will mainly indicate the process of the accident, the basis for identification, the person responsible for the accident, and the responsibility. Once the responsibility for the accident is made, both parties confirm and recognize it, and it can be used as the basis for compensation for the accident.

Dear, I am glad to answer for you that the tractor has no tail lights at night and is rear-ended, and the responsibility is to tow the lack of camera to bear 70% of the responsibility. There are two main sides of envy: 1

If you are driving on a restricted road according to traffic laws. The new regulations require that trucks (tractors are agricultural vehicles, whether they are included in the morning song is not clear, depending on the traffic police sentence) should have reflective signs, not to mention tail lights.

The responsibility for traffic accidents is divided by the traffic police, and the traffic police make judgments based on the reasons for the incident. Then Hongqi will see which party's fault is caused according to the cause, and the party with the greater fault will bear the greater the responsibility, and of course the main liability for compensation, so the size of the accident liability is closely related to the liability for compensation. In addition, the traffic police do not make the division of responsibility orally, but need to issue a written "accident responsibility determination", which will mainly indicate the accident concealment, the basis for identification, the person responsible for the accident, and the responsibility.

Once the responsibility for the accident is made, both parties confirm and recognize it, and it can be used as the basis for compensation for the accident.

If two cars are rear-ended, and the front car is not at fault, the rear car must be the main responsibility or full responsibility. He should accept the punishment of driving without a license, that is, he should accept the punishment of driving without a license, that is, he should accept a fine of not less than 200 yuan but not more than 2,000 yuan imposed by the traffic management department of the public security organ, and his vehicle can also be impounded and detained for up to 15 days.

If there are special circumstances, such as a rear-end collision caused by the traffic jam in front or a sudden stop, lane change, etc., the traffic police will divide it according to the actual responsibility of the two vehicles. The vehicle in front is also subject to the penalty of driving without a license.

All in all, as long as driving without a license or license is not the cause of the rear-end collision, the responsibility will not be increased because the vehicle in front is driving without a license when dividing the responsibility for the rear-end collision; However, unlicensed and unlicensed drivers need to bear the responsibility for the violation and accept the corresponding punishment.

Legal basis

Road Traffic Safety Act

Article 43.

For motor vehicles traveling in the same lane, the vehicle behind should be registered with the vehicle in front of it at a safe distance sufficient to take emergency braking measures.

Article 99.

Any of the following acts, by the traffic management department of the public security organs shall impose a fine of not less than 200 yuan but not more than 2,000 yuan:

1. Driving a motor vehicle without obtaining a motor vehicle driver's license, having a motor vehicle driver's license revoked, or having a motor vehicle driver's license 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, which does not constitute a crime;

4. The motor vehicle exceeds the speed limit by 50%;

5. Forcing the driver of a motor vehicle in Youzheng to drive a motor vehicle in violation of road traffic safety laws, regulations, and 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, not pretending to be dissuaded, causing serious traffic jams or relatively large property losses.

9. 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 of items 1, 3, or 5 through 8, they may be detained concurrently for up to 15 days.

Measures for the Handling of Road Traffic Accidents

Article 17. After ascertaining the cause of the traffic accident, the public security organ shall determine the responsibility of the party in the traffic accident on the basis of the causal relationship between the party's violation and the traffic accident, as well as the role of the violation in the traffic accident. If a party has violated a violation, and there is a causal relationship between the violation and the traffic accident, it shall bear responsibility for the traffic accident.

If the party concerned has not violated the rules or has violated the rules, but there is no causal relationship between the violation and the traffic accident, he shall not be liable for the traffic accident.

Legal analysis: Driving without a license in a sedan car is not responsible, but driving without a license will be punished. Driving a motor vehicle without a license shall be punished as follows according to the law:

Those who drive a motor vehicle without obtaining a motor vehicle driver's license, have their motor vehicle driver's license revoked, or have their motor vehicle driver's license suspended are to be fined between 200 and 2,000 RMB, and may be detained for up to 15 days.

Legal basis: "Road Traffic Safety Law of the People's Republic of China" Article 99 Anyone who drives a motor vehicle without obtaining a motor vehicle driver's license, has a motor vehicle driver's license revoked, or has a motor vehicle driver's license suspended shall be fined not less than 200 yuan but not more than 2,000 yuan, and may be detained for up to 15 days. 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 the driver's license of a motor vehicle revoked, or driving a motor vehicle while the driver's license of a motor vehicle 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 percent 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.

You can appeal to the court, and the determination of responsibility for rear-end collisions in traffic accidents will be explained for easy reference:

1. Under the normal driving condition of the front car, the rear car rushes up and causes a rear-end collision due to excessive speed, lack of concentration and other reasons. The responsibility for a rear-end collision of a car rests with the vehicle behind it.

2. Rear-end collision caused by the sudden reversal of the vehicle in front when driving on the road. The vehicle in front is fully responsible. Forcing a car to reverse on the road because you miss a turn often leads to a rear-end collision due to the lack of reaction of the vehicle behind you.

If the speed of the car behind is too fast, it is very easy to cause the car to be destroyed and killed. The responsibility for a rear-end collision of a car rests with the vehicle in front.

3. When the car in front of you is driving on the slope and suddenly dies, it fails to pull the handbrake or step on the brake in time, and when the rear car is close, it is easy to cause a rear-end collision. It is also possible that a novice is stuck in a traffic jam on the slope and slips and collides because of the improper operation of the slope start. The responsibility for a rear-end collision of a car rests with the vehicle in front.

4. If you stop on a normal road and cause a rear-end accident, the vehicle in front shall be fully responsible. Parking on a normal road can easily lead to a rear-end collision, especially on fast roads and highways. If you are forced to stop on the road due to a breakdown, place a warning triangle behind your car and turn on your twin lights.

Otherwise, the responsibility for the rear-end collision of the car is fully responsible for the car in front.

5. If the front car is too long and no obvious warning signs are set up in accordance with the regulations, resulting in a rear-end traffic accident, the front car will bear the secondary responsibility for the accident, and the rear car will not bear the main 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.

How to determine the responsibility of the car rear-end tractor.

In a rear-end traffic accident caused by the rear vehicle hitting the moving front vehicle, the rear vehicle bears all the responsibility.

At night, the front car has no tail lights, and the rear-end traffic accident is formed, and the front car bears the secondary responsibility for the accident, and the rear car bears the main responsibility for the accident.

After the car in front fails to turn on the hazard warning flashing lights and set up warning signs in accordance with the regulations after parking on the road, the vehicle in front bears the secondary responsibility for the accident and the rear car bears the main responsibility for the accident.

After the car in front stopped on the road, the hazard warning flashing lights were turned on according to the regulations, and warning signs were set up, resulting in rear-end traffic.

If a tractor is rear-ended by a car without a license, its liability is divided according to the role of the party's behavior in the occurrence of the road traffic accident and the severity of the fault. Driving without a license shall be handled separately by the traffic management department. 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, it shall bear full responsibility; (2) Where a road traffic accident occurs due to the fault of two or more parties, it shall bear primary responsibility, equal responsibility and secondary responsibility respectively according to the effect of its conduct 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. On what roads are tractors allowed to pass?

Article 55 of the Road Traffic Safety Law of the People's Republic of China prohibits tractors from passing on highways and roads in the central urban areas of large and medium-sized cities. Other roads that prohibit tractors from passing shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government according to the actual local conditions. On roads where tractors are allowed to pass, tractors may be engaged in freight transport, but they may not be used to carry people.

Article 90 A driver of a motor vehicle who violates the provisions of road traffic safety laws and regulations on road traffic shall be given a warning or fined not less than 20 yuan but not more than 200 yuan. Where this Law provides otherwise, punishment is to be given in accordance with the provisions. The above is the legal knowledge about how to divide the responsibility of a tractor being rear-ended by a car without a license, have you learned?