How to divide the responsibility for a truck that collides with an unlicensed petty car running a re

Trucks bear the primary responsibility as the main cause of accidents is the violation of traffic signals by trucks. Although the car is unlicensed, it does not play a big role in the cause of the accident, but the fine is heavier.

Liability for traffic accidents should be analyzed according to the role of the actions of all parties in the traffic accident, and it is not necessary to determine the full responsibility once there is an illegal act (driving without a license), but to analyze the role of their behavior (driving without a license) in the accident. The determination of responsibility for the accident should also take into account the road environment, the situation of sign markings, the speed of the vehicle, the driver's avoidance measures, and the dynamics of pedestrians.

If the driver is driving without a license and is found to be primarily or wholly responsible for the accident, the driver's behavior has constituted the crime of causing a traffic accident according to 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.

The losses caused by the accident shall be borne by the parties responsible for the traffic accident according to the magnitude of the responsibility.

You should each pay half of it, and you can add me.

The fine for the petty car will be less, and the truck will be subject to the legal sanctions, because I don't know what the sanctions are, so I don't know.

It depends on the scene at the time, who took the route that violated the traffic law or something!! I really have no choice but to call the traffic police!

Summary. Hello dear! If driving without a license causes an accident, the perpetrator should be primarily responsible.

The specific division of responsibilities shall be issued by the traffic police to determine the traffic responsibility. Driving without a license, causing death, to be investigated for criminal responsibility, generally less than three years for a period, if the effect is satisfactory, can be fought for probation. In accordance with article 133 of the Penal Code, three different levels of punishment are established for traffic offences.

1.Whoever violates traffic and transportation management regulations, thereby causing a major accident that causes serious injury or death to a person or causes major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term detention. The so-called "occurrence of a major accident" here, according to Article 2, Paragraph 1 of the Interpretation, refers to one of the following circumstances:

1) Where one person is killed or three or more persons are seriously injured, and the person bears full or main responsibility for the accident Article 2, paragraph 2 of the Interpretation stipulates that if a traffic accident causes serious injury to one or more persons, and bears all or the main responsibility for the accident, and has any of the following circumstances, he shall be convicted and punished as the crime of causing a traffic accident: (2) Driving a motor vehicle without driving qualifications.

Hello dear! If driving without a license causes an accident, the perpetrator should be primarily responsible. The specific division of responsibilities shall be issued by the traffic police to determine the traffic responsibility.

Driving without a license, causing death, to be investigated for criminal responsibility, generally less than three years for a period, if the effect is satisfactory, can be fought for probation. In accordance with article 133 of the Penal Code, three different levels of punishment are established for traffic offences. 1.

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 3 years or short-term detention. The so-called "occurrence of a major accident" here, according to Article 2, Paragraph 1 of the Interpretation, refers to one of the following circumstances: (1) Paragraph 2 of Article 2 of the Interpretation provides that one person dies or seriously injures three or more people, and the person bears full or primary responsibility for the accident

If a traffic accident causes serious injury to one or more people, bears the main responsibility for all or the person who dismantles the reed, and has any of the following circumstances, it shall be convicted and punished as the crime of traffic accident: (2) Driving a motor vehicle without driving qualifications.

Driving without a license is the first to violate traffic laws. And the person who ran the red light only violated the traffic rules. Driving a motor vehicle without a license and hitting a person is criminally responsible.

The person who ran the red light was hit by the person who drove without a license, which party is responsible If it is what you said, driving without a license should be mainly or fully responsible, and the person who ran the red light should be secondarily responsible.

Summary. Hello, the responsibility for driving without a license is greater, the penalty for running a red light is to deduct points, and it is also fully responsible after a traffic accident, but driving without a license is detention, and driving without a license is more dangerous, and the legal consequences of full responsibility and bearing are more serious.

The car has been modified.

The child is 16 years old.

Hello, the responsibility for driving without a license is greater, the penalty for running a red light is to deduct points, and it is also fully responsible after a traffic accident, but it is detained for driving without a license, and the danger of driving without a license is higher.

Dear, hello, the following is the relevant legal basis for my search: Article 9 of the Road Traffic Safety Law of the People's Republic of China has any of the following acts, and the traffic management department of the public security organ 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, driving a motor vehicle during the period when the motor vehicle driving license is revoked or the motor vehicle driving license is 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 temporarily detained; (3) Fleeing after causing a traffic accident 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, delaying the removal or alteration of 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.

I have checked the full responsibility for running a red light, and it is not caused by driving without a license, so driving without a license can be dealt with separately.

The law stipulates that in the course of administrative law enforcement, it is common to encounter situations in which the administrative counterpart has a variety of illegal acts in a case. If it is a simple choice of one of the punishments and does not combine the punishments, there may be a situation where the punishment for the illegal acts is omitted, and the illegal acts of the parties will be indulged, which violates the principle of "proportionate punishment" in the Administrative Punishment Law. The concept of combined penalties should meet three conditions for the application of combined penalties.

1) Must be the same administrative counterpart. (2) There must be two or more violations. (3) It must be the same legal relationship.

Driving without a license is administrative detention.

Summary. Dear, hello overloading will affect the division of responsibility for traffic accidents, due to overloading caused by traffic accidents, others do not have traffic violations, by the overloaded party to bear all the responsibility; If other people have violated the law, they shall bear corresponding responsibility according to the size of the fault.

Dear, hello overloading will affect the division of responsibility for traffic accidents, due to the overload caused by the traffic accident, others do not have traffic violations, by the overloaded party to bear all the responsibility; If other people have violated the law, they shall bear corresponding responsibility according to the size of the fault.

Article 60 of the Provisions on the 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 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, it shall bear primary responsibility, equal responsibility and secondary responsibility respectively according to the effect of its staring behavior on the accident and the severity of the fault;

Therefore, both parties should bear the corresponding responsibility for this traffic accident.

Dear, I would like to ask, is it the accident caused by the party wearing the red light or the overloaded party?

Dear, you can tell me more about it and see if I can give you some advice.

Summary. Hello, legal analysis: who is responsible for the collision of a large truck overloaded and a small car running a red light:

If the car runs the red light, the large truck is secondarily responsible for overloading the vehicle. Six kinds of red light violations: 1. If the vehicle has just crossed the stop line at the red light, but stopped immediately, this kind of red light running will not be punished, and if there is an obvious position movement after crossing the line, it will be punished.

The 3 photos of the red light run by the electronic eye** are: the vehicle passes the stop line, and the next two photos show the vehicle driving to the middle of the intersection and reaching the opposite intersection. Only when these 3 ** cards are complete, it will be recognized as running a red light, and 6 points will be deducted in the new regulations.

2. When the signal light conflicts with the traffic police gesture, the motor vehicle driver must obey the on-site command of the traffic police. If the traffic police "run a red light" due to the on-site command, the driver can go to the traffic police brigade at the place of the incident to issue a diversion certificate and be exempted from punishment. If the parties have objections to the punishment, they may appeal and resolve them through administrative reconsideration, administrative litigation and other channels.

Hello, legal analysis: who is responsible for the collision of a large truck overloaded and a small truck running a red light: the small car is primarily responsible for running a red light, and the large truck is secondarily responsible for overloading the vehicle.

Six kinds of red light violations: 1. If the vehicle has just crossed the stop line at the red light, but stopped immediately, this kind of red light running will not be punished, and if there is an obvious position movement after crossing the line, it will be punished. The 3 photos of running a red light taken by the electronic eye** are:

The vehicle crosses the stop line, followed by two vehicles driving to the middle of the intersection and reaching the mouth of the opposite road. Only when these 3 ** cards are complete, it will be recognized as running a red light, and 6 points will be deducted in the new regulations. 2. When the signal light conflicts with the traffic police gesture, the motor vehicle driver must obey the on-site command of the traffic police.

If the traffic police "run a red light" due to the on-site command, the driver can go to the traffic police brigade where the incident occurred to issue a certificate of blind flow of the ambush cover and be exempted from punishment. If the parties have objections to the punishment, they may appeal and resolve them through administrative reconsideration, administrative litigation and other channels.

Legal basis: Article 60 of the "Provisions on Procedures for Handling Road Traffic Accidents" states that 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, 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, neither party is liable.

If one party intentionally causes a road traffic accident, the other party is not responsible or responsible.

Summary. Hello <>

According to the provisions of the Road Traffic Safety Law of the People's Republic of China, the driver shall carry goods in accordance with the provisions of the "Vehicle Load Standard", and shall not exceed the approved load capacity of the vehicle, and shall be punished accordingly for overloading. At the same time, the car running a red light also violates traffic safety regulations. Therefore, overloaded trucks and red light cars have a certain responsibility in road traffic accidents.

Who is responsible for the overloading of large trucks and small cars running red lights and collisions.

Hello <>Who is responsible for the overloading of large trucks and small cars running red lights and collisions.

Hello <>

According to the provisions of the Road Traffic Safety Law of the People's Republic of China, the driver shall carry goods in accordance with the provisions of the "Vehicle Load Standard", and shall not exceed the approved load capacity of the vehicle, and shall be punished accordingly for overloading. At the same time, the traffic in the small hall and running the red light also violated traffic safety regulations. Therefore, overloaded trucks and cars running red lights have a certain degree of responsibility in road traffic accidents.

For overloaded large trucks, in accordance with Article 38 of the Regulations of the People's Republic of China on Road Transport, if the cargo is exceeded, the fine for illegal proceeds shall be calculated according to 30% of the value of the fine per ton of goods for the excess part of the excess, and a fine shall be imposed. If a traffic accident is caused, the car will also bear the corresponding civil liability and criminal liability. For cars that run red lights, according to Article 33 of the Road Traffic Safety Law of the People's Republic of China, motor vehicle drivers shall obey traffic signals and shall not violate traffic signal control, such as running red lights and occupying emergency lanes.

If a traffic accident is caused, it will also bear the corresponding civil liability and criminal liability. It is necessary to point out that in the actual handling of traffic accidents, it is necessary to comprehensively judge the responsibility of all parties according to the specific situation, and it is not just a matter of the responsibility of overloaded large trucks and small cars running red lights. Therefore, in daily life, it is necessary to develop a good habit of civilized and observant traffic rules to make the road safer and more orderly.

Dear, is there anything else you don't understand? Tell me more about your situation and I'll answer for you. <>