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If a minor is injured by a motor vehicle while driving a motorcycle, the guardian shall be responsible for the responsibility caused by the minor driving the motorcycle, and the responsibility caused by the motor vehicle shall be borne by himself, but the minor cannot drive a motorcycle on the road, so the responsibility caused by the accident shall be borne by the guardian of the minor.
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Civil liability: If a minor's driving vehicle is involved in a traffic accident, if a traffic accident occurs, compensation shall be paid from his own property, and juveniles are divided into persons with no capacity for civil conduct and persons with limited capacity for conduct according to their age, generally speaking, most minors do not have their own property or the amount of property is very small, and a small number of minors obtain more property because of gifts, inheritance, etc. If the minor has no property or the property is insufficient for the amount of compensation, the guardian is the subject of civil liability, and the guardian is generally the parents, and in special circumstances the parents have no guardianship capacity or have died, another person is to serve as the guardian, then the guardian other than the parent shall bear the liability for compensation, except where the unit serves as the guardian.
Where a guardian has fulfilled his guardianship responsibilities, his civil liability may be appropriately reduced.
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A minor riding a motorcycle is hit by a motor vehicle, and both are responsible. The responsibility should be based on the investigation of the scene situation, if the minor is injured by the motor vehicle running a red light while riding a motorcycle, then the minor is the primary responsibility for the accident, and the motor vehicle bears the secondary responsibility for the accident.
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First of all, if the traffic police force determines that the motor vehicle is fully responsible, then the motor vehicle is fully responsible, and the parents of the minor are not responsible.
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To be clear, this must be on a motorcycle, and take full responsibility. One is driving without a license. One is that minors are prohibited from driving motor vehicles. If there are two violations first, even if the other party is responsible, it will be judged that the motorcycle is fully responsible.
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Firstly, the parents of the minor are definitely responsible, and secondly, if the motor vehicle is at fault, they are also responsible.
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If a minor is injured by a motor vehicle while riding a motorcycle, I think both parties are responsible, it is definitely wrong for a minor to ride a motorcycle, but the other party must also be responsible for the motor vehicle collision, but the specific responsibility must depend on how the traffic police decide?
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In this case, it must be the sole responsibility of riding a motorcycle, because minors are not qualified to drive, and they must be driving without a license.
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All three parties may be responsible, minors driving without a license, handing over the motor vehicle to the owner of the motorcycle driven by an unlicensed person, these two parties can not run the responsibility, and the car party may also be responsible to see if there is a violation.
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First of all, how did the minor get the motorcycle, if it was stolen, then he was responsible, if it was given by the motorcycle owner or because he did not keep it properly, and let the minor get it and drive away, then the owner of the responsible car pays.
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A minor riding a motorcycle was hit by a motor vehicle, and whoever is responsible for the minor being hit by a motor vehicle while riding a motorcycle, the motor vehicle must be responsible.
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Minors are injured by motor vehicles on motorcycles, and such accidents need to be judged according to the traffic lights on the local road sections, and it can be seen who is mainly responsible when the police arrive.
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This basic is the responsibility of both parties.
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A minor riding a motorcycle was hit by a motor vehicle. It depends on what the cause of the accident is. to judge who is responsible.
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Minors riding motorcycles are injured by motor vehicles, who is responsible, which you can blame according to some surveys at the scene, or go to the traffic management department to find out. The specific way to deal with it.
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Minors are not allowed to drive motor vehicles, it is illegal for minors to drive motorcycles, and they need to bear civil liability for compensation if they have a traffic accident, and if they do not cause a major accident, the guardian of the minor needs to bear their civil liability for compensation. In addition, the traffic police department will punish minors and guardians, and require the guardians of relatives to strengthen supervision.
What are the elements that should be present for a traffic accident?
1. It must be caused by a vehicle. Vehicles include motor vehicles and non-motor vehicles, and vehicles cannot constitute traffic accidents without car stools, for example, a collision between a pedestrian and a pedestrian in the course of travel does not constitute a traffic accident.
2. It happened on the road. Roads refer to highways, urban roads and places that allow social motor vehicles to pass although they are within the jurisdiction of the unit, including squares, public parking lots and other places used for public traffic;
3. Occurs in motion. It refers to the event that occurs in the process of driving or parking, if the vehicle is in a complete stop state, the pedestrian takes the initiative to collide with the vehicle or the passenger gets on and off the car in the process of crowding, falling, and ** accidents, it is not a traffic accident;
4. Something happened. It refers to one of the phenomena such as collision, crushing, scratching, rollover, crash, **, fire, etc.;
5. There must be damage to the consequences. Damage consequences only refer to direct damage consequences and are material losses, including personal and property losses.
[Legal basis].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 party according to the role of the party's behavior in the occurrence of road traffic accidents and the severity of the fault.
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]: Those who ride motorcycles before Li Li is an adult can be fined not less than 200 yuan but not more than 2,000 yuan, and may be detained for up to 15 days. Because he is a minor, does not meet the age requirements for obtaining a driver's license, and does not have a driver's license, if he drives a motorcycle, he shall be punished as driving a motor vehicle without a license.
Minors riding electric vehicles and pedestrians traffic accidents are traffic accidents, should be made by the traffic police to determine the responsibility of the two parties, in order to determine the division of responsibility between the two parties, the traffic management department of the public security organs should be based on the behavior of the parties to the road traffic accident and the severity of the fault of the trip, to determine the responsibility of the parties.
[Legal basis].Article 60 The traffic management department of the public security organ shall determine the responsibility of the party according to the role of the party's behavior in the occurrence of the road traffic accident and the severity of the fault. 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: If a minor hits someone on a motorcycle, the civil liability for compensation shall be borne by his guardian.
Legal basis: Article 1188 of the Civil Code of the People's Republic of China: Where a person who lacks or has limited capacity for civil conduct causes harm to others, the guardian bears tort liability. Where guardians perform their guardianship duties, their tort liability may be reduced.
Where a person with property who lacks the capacity for civil conduct causes harm to others for the person with the ability to do so, compensation shall be paid from his or her own property; The guardian shall compensate for the shortfall.
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Legal analysis: 1. Civil liability: If a minor is involved in a traffic accident while driving a vehicle, if a traffic accident occurs, compensation shall be paid from his own property, and minors are divided into persons with no capacity for civil conduct and persons with limited capacity for conduct according to their age.
If the minor has no property or the property is insufficient for the amount of compensation, the guardian is the subject of civil liability, and the guardian is generally the parents, and in special circumstances the parents have no guardianship capacity or have died, and another person serves as the guardian, then the guardian other than the parents shall bear the liability for compensation, except where the unit serves as the guardian. Where a guardian has fulfilled his guardianship responsibilities, his civil liability may be appropriately reduced.
2. Criminal liability: The law stipulates that "traffic accidents are auspicious", which refers to personal accidents or incidents caused by the fault or accident of the vehicle on the road. If the driver is over the age of 14 and intentionally kills a person in a traffic accident, he will be criminally liable for the crime of intentional homicide.
If the driver has reached the age of 16 and has violated traffic management regulations, resulting in a major accident, causing serious injury or death, or causing major damage to public or private property, he will bear criminal liability for the crime of causing a traffic accident; If you drive a motor vehicle while intoxicated on the road, or drive a motor vehicle to chase and race on the road, and the circumstances are aggravated, you will be criminally liable for the crime of dangerous driving.
Legal basis: Article 1188 of the Civil Code of the People's Republic of China Article 1188 Where a person who lacks or has limited capacity for civil conduct causes damage to others, the guardian shall bear tort liability. Where guardians perform their guardianship duties, their tort liability may be reduced.
Where a person with property who lacks or has limited capacity for civil conduct causes harm to others, compensation is to be paid from his or her own property; The guardian shall compensate for the shortfall.
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No. It depends on the criminal offense and whether the landlord is aware of it. For example, if the landlord knowingly rents the house to a minor for drug use, he will break the law and face the crime of allowing others to take drugs.
You can go, but it's very troublesome! It is best to be accompanied by a parent !!