The difference between a traffic accident and a construction safety accident

In my opinion, it should be determined as follows:

The roads at the construction site are generally not traffic roads that belong to the national regulations (you can refer to the roads accepted and recognized by the local transportation department, such as national roads, provincial roads, and municipal roads.) It is not the same as the grade of the road itself, such as several levels of highway), and there are also roads recognized by the traffic police!

It belongs to the traffic police and insurance companies that are reported to the traffic police and insurance companies for the identified roads;

If it does not belong to the recognized road, the local safety supervision department can intervene and report the accident in a timely manner (within 24 hours);

It is recommended that any road be reported to the traffic police, and the traffic police will make it clear that they are not under their jurisdiction to facilitate the later processing according to the procedure!

The compensation method, in the case of ensuring that all the documents of the vehicle is complete, is a road recognized by the state, and it is reported to the insurance company and the traffic police in a timely manner; If it does not belong to the above circumstances, it will be handled according to the production accident;

There is no difference in the way of determining responsibility, regardless of the path.

Who is responsible for traffic accidents during road construction depends on the specific situation, which is as follows:

1. During the construction process, the construction unit shall bear the responsibility of compensation and compensate according to the actual loss of the vehicle;

2. If the constructor only sets up obvious signs but does not take safety measures, the constructor shall still bear the liability for tort compensation;

3. The constructor has set up obvious signs and taken safety measures, which can exempt or reduce the tort liability of the constructor.

What is the method of compensation for vehicles damaged in traffic accidents.

1. Generally, the expenses that need to be compensated include vehicle maintenance costs, vehicle rescue fees, parking fees, alternative transportation expenses, suspension losses, vehicle depreciation losses, etc.;

2. The insurance company shall compensate within the limits of the compulsory insurance liability of the third party liability of the motor vehicle;

3. The party at fault shall be liable for compensation for the insufficient part.

Legal basisArticle 1182 of the Civil Code of the People's Republic of China.

Where property losses are caused by infringement of the personal rights and interests of others, compensation shall be made in accordance with the losses suffered by the infringed party or the benefits obtained by the infringer as a result; Where it is difficult to determine the losses suffered by the infringed party and the benefits obtained by the infringer as a result, and the infringed party and the infringer disagree on the amount of compensation and file a lawsuit with the people's court, the people's court shall determine the amount of compensation based on the actual circumstances.

Summary. Hello, it depends on the cause of the car accident. If it is caused by the quality problem of the construction vehicle itself or the operation error of the construction personnel, it is a safety production accident; If it is caused by other vehicles or pedestrians, it is a traffic accident.

Hello, it depends on the cause of the car accident. If it is caused by the quality and quantity of Shi Tong's vehicle itself or the operation error of the construction personnel, it is a safety Wang wheel production accident; If it is caused by other vehicles or pedestrians, it is a traffic accident.

According to the provisions of the Work Safety Law, a car accident involving a construction vehicle on a construction road is a work safety accident.

The driver of the overturned car died when transporting the dust grinding commercial concrete pouring road back, because it was a sharp rock and careful turn, which should be related to the driver's operation error and the lack of safety protection facilities to send jujube buckets and other factors.

So this is a safety production accident.

The traffic police brigade wants to identify it as a traffic accident or an off-road accident, what should I do.

According to the provisions of Article 36 of the Work Safety Law of the People's Republic of China, when a safety production accident occurs, the local production supervision and management department shall be responsible for investigation and deal with it in accordance with the law. Therefore, you should report the matter to the local work safety supervision and management department, which will be responsible for investigating and dealing with it.

The reply from the Emergency Management Bureau was to ask the traffic police brigade to send a letter to leave the past, and they were good to take over the investigation, is this statement correct?

The traffic police brigade sent a letter to the past, and they took over the investigation in a good way, which is correct, but it should be investigated by the local safety production supervision department and the management department of the round pin, and the traffic police brigade only assists in the investigation, not an independent investigation.

The traffic police brigade said that the production safety supervision department did not want to take over, is this statement legal?

Such accidents should be investigated and studied by the safety production supervision department, and if it is judged to be a traffic accident or an off-road accident, it should also be verified by the safety and safety production supervision department. The traffic police brigade said that the production safety supervision department did not want to take over the hands of Qinyin, which was illegal, and it also did not meet the requirements of relevant national laws, regulations and policies.

In the case of traffic accidents caused by road construction, if the construction team does not place signs and does not take corresponding safety measures. The construction personnel shall bear the corresponding civil liability. However, if it is placed or measures are taken, the owner of the vehicle who caused the accident will be liable.

Legal basis

Article 32 of the Road Traffic Safety Law.

For the construction of the project to occupy or excavate the road, or to cross the road erection or add pipeline facilities, the consent of the competent road department shall be obtained in advance; If traffic safety is affected, the consent of the traffic management department of the public security organ shall also be obtained.

The construction operation unit shall carry out the construction work in the approved road section and time, and set up obvious safety warning signs at a safe distance from the direction of the incoming vehicle at the construction site, and take protective measures; After the completion of the construction operation, the obstacles on the road should be quickly removed, the potential safety hazards should be eliminated, and the traffic management department of the road department and the public security organ shall pass the acceptance and meet the traffic requirements before resuming traffic.

For construction roads that have not interrupted traffic, the traffic management department of the public security organ shall strengthen traffic safety supervision and inspection and maintain road traffic order.

Summary. The road at the construction site is generally not allowed to pass through social vehicles, so it does not belong to the road and does not belong to the traffic accident, but it can be determined as a work-related injury.

The road at the construction site is generally not allowed to pass through social vehicles, so it does not belong to the road and does not belong to the traffic accident, but it can be determined as a work-related injury.

Article 100 and 19 of the Road Traffic Safety Law of the People's Republic of China: The meaning of the following terms in this Law: "Road" refers to highways, urban roads and places where social motor vehicles are allowed to pass although they are within the jurisdiction of the unit, including squares, public parking lots and other places used for public traffic.

2) "Vehicle" means motor vehicle and non-motor vehicle. (3) "Motor vehicle" refers to a wheeled vehicle that is driven or towed by a power unit and driven on the road for personnel or for transporting goods and carrying out special engineering operations. (4) "Non-motorized vehicles" refers to vehicles that are driven by human or animal power and driven on the road, as well as motorized wheelchairs, electric bicycles and other means of transportation for the disabled that are driven by power units but are designed to have a maximum speed, empty mass, and external dimensions or meet the relevant national standards.

5) "Traffic accident" refers to the incident of personal or property damage caused by the fault or accident of the vehicle on the road.

Whether a traffic accident is a work-related injury should be judged according to the specific circumstances, and those that meet the criteria for determining work-related injuries are work-related injuries. If you are involved in a traffic accident on your way to or from work for which you are not primarily responsible, you can apply for a recognition of work-related injury for a long time. This means that a traffic accident may be a work-related injury, as long as it occurs during commuting hours and is not the primary responsibility of the person.

1. Running a red light on the way to work is not considered a work-related injury.

If you are not primarily responsible for an accident and are injured in a traffic accident or in an urban rail transit, passenger ferry, or train accident while commuting to or from work, it is a work-related injury. Therefore, even if it is a red light, as long as the worker does not bear the main responsibility for the traffic accident, it can be recognized as a work-related injury. Running a red light on the way to work, causing a traffic accident and bearing the main responsibility cannot be recognized as a work-related injury.

2. If I report a work-related injury, can I claim compensation only if I issue a traffic police vehicle liability certificate?

If an employee is involved in a traffic accident on the way to and from work, then a traffic accident liability certificate issued by the traffic police force is required to apply for a work-related injury determination. On the one hand, the size of the responsibility stated in the traffic accident liability determination can determine whether the employee meets the conditions of work-related injury, and only if the employee is not responsible or has secondary responsibility or equal responsibility can it be regarded as a work-related injury, and the employee's full or primary responsibility does not belong to the work-related injury. On the other hand, the location of the traffic accident specified in the traffic accident liability determination can also be determined whether it is a normal commute to and from work.

3. Is it considered a work-related injury if you slip on the road on the way to work and cause yourself to fall and injure yourself?

If you are injured on the way to and from work, you should be recognized as a work-related injury, if you fall and are injured on a slippery road in rainy weather, although it occurs on the way to and from work, but you are not injured in a traffic accident that is not your primary responsibility, you cannot be recognized as a work-related injury.

Article 14 of the Regulations on Work-related Injury Insurance.

If an employee has any of the following circumstances of covering a pure stool, it shall be found to be a work-related injury:

1) Being injured in an accident during working hours and in the workplace due to work-related reasons;

2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;

3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases;

5) Injured or unaccounted for in an accident while away for work;

6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.