What principles should be mastered in the determination of traffic accidents?

According to the Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China, "the traffic management department of the public security organ shall determine the responsibility of the parties according to the role of the party's behavior in the traffic accident and the severity of the fault according to the traffic accident file", and the legal obligations of all parties involved in the accident must be confirmed in accordance with the law; the principle of priority of the legal obligations of the parties in accordance with the law; Confirm the role of the actions of the parties in the traffic accident and the severity of the fault; Different traffic accident liabilities are recognized according to the role of the actions of the parties in the traffic accident and the severity of the fault. The determination of traffic accidents should grasp the principle of behavioral responsibility, the principle of causality, the principle of right of way, and the principle of safety.

Article 91 of the Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China.

The traffic management department of the public security organ shall determine the responsibility of the party according to the role of the parties involved in the traffic accident and the severity of the fault.

The principles for determining traffic accidents are as follows:

1. The principle of responsibility for behavior. If a party is responsible for a traffic accident, the party who fails to perform the bank's act of guessing due to its conduct shall not be liable for the accident;

2. The principle of causality. In determining responsibility for traffic accidents, the severity of the road traffic accidents and breakdowns caused by the actions of the parties involved;

3. The principle of right of way. The principle of right of way is the principle of doing one's own thing;

4. Safety principle. Including the principle of reasonable recusal and the principle of reasonable operation;

5. The principle of result responsibility. Although the perpetrator's actions did not cause the traffic accident, they aggravated the consequences of the accident.

Liability for traffic accidents is divided as follows:

1. If a traffic accident is caused by the fault of one of the parties, the company shall bear full responsibility;

2. If the party deliberately destroys, falsifies the scene, or destroys evidence, it bears full responsibility;

3. If one party intentionally causes a traffic accident, the other party shall not be liable for filial piety;

4. If a traffic accident occurs due to the fault of two or more parties, the traffic accident shall be borne the primary responsibility, equal responsibility and secondary responsibility respectively according to the role of their behavior in the accident and the severity of the fault;

5. None of the parties is at fault for causing the traffic accident, and if it is a traffic accident, none of the parties is liable;

6. If the party escapes, causing changes in the scene and the loss of evidence, and the traffic management department of the public security organ is unable to verify the facts of the traffic accident, the party who escaped shall bear full responsibility, but if there is evidence to prove that the other party is also at fault, the responsibility may be reduced;

7. Traffic hit-and-run refers to the behavior of the parties to the traffic accident to drive or abandon the vehicle to flee the scene of the traffic accident in order to escape legal prosecution after a traffic accident.

Legal basis]:

Article 73 of the Road Traffic Safety Law of the People's Republic of China.

The traffic management department of the public security organ shall, on the basis of the traffic accident scene inquest, inspection, investigation and 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.

The principles for determining responsibility for road traffic accidents are as follows: 1. The parties have violated the rules. That is, the parties involved in the traffic accident have violated road traffic regulations, which is commonly known as violations.

If there is no violation, it is not a traffic accident. 2. There is a causal relationship between the violation and the result of the damage. If there is a causal relationship between the traffic violation and the traffic accident, the traffic accident shall be held responsible.

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. 3. The extent to which the party's violation of the rules and regulations plays a role in the traffic accident shall determine the extent to which the party should bear the responsibility for the traffic accident. If a traffic accident is caused by the violation of the rules of one party, the party who has violated the rules shall bear full responsibility for the accident.

If the violations of the two parties jointly cause a traffic accident, the party that plays a major role in the traffic accident shall bear 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 bear equal responsibility. Where the violations of the three or more parties jointly cause a traffic accident, the responsibility shall be divided according to the role of each party's violation in the traffic accident.

Legal basis]:

According to Article 73 of the Road Traffic Safety Law, the traffic management department of the public security organ shall, according to the inquest, inspection and investigation of the traffic accident scene and the relevant inspection and appraisal conclusions, make a traffic accident identification certificate in a timely manner as evidence for handling the traffic accident. The determination of remorse for a traffic accident shall state the basic facts of the traffic accident, the causes and the responsibilities of the parties, and serve them on the parties.