The article is column " guideline of law of dispute of traffic accident damages " among them a course, if need to buy full course content, click attention first please this head date is bought again, so that receive newer information in time! Click here to examine a detailed information
In produce traffic postaccident, management department meets traffic of public security mechanism be opposite according to the behavior of traffic accident party the serious rate that produces the action since traffic accident place and fault, will determine the blame of party, this is accident responsibility maintains traffic. Traffic accident responsibility differentiates have 5 order and degree, ordinal for: Total liability, main responsibility, coequal responsibility, less important responsibility, unaccountable.
Also existence correspondence concerns the responsibility of traffic accident, one party assumes full responsibility, other one party is unaccountable; One party is main responsibility, other one party is less important responsibility; One party is coequal responsibility, other one party also is coequal responsibility. The particular case that traffic accident responsibility differentiates explains below:
One, the one party in traffic accident bears full responsibility, another unaccountable case.(one) party escapes or destroy intentionally, forge evidence of the spot, destruction, make traffic accident responsibility cannot be maintained, ought to bear full responsibility.
(2) party one party reports a case to the security authorities conditionally and did not report a case to the security authorities or report a case to the security authorities not in time, make traffic accident responsibility cannot be maintained,
(3) responsibility of accident of common liaison man holds key:
1, in car in normal travel, if happen,trace remaining part, if plan institute shows: A car in full charge.
2, when changing lane, not to give way is going inside this driveway sailed car, forcibly and line and cause traffic accident, if plan institute shows: A car in full charge.
3, when be being controlled through doing not have traffic signal lamp or doing not have policeman commanding roundabout, of the one party go ahead of the rest that did not make regulation of graticule of traffic sign, traffic preferential and current, if plan institute shows: A car in full charge.
4, be controlled through doing not have traffic signal lamp or when policeman commanding roundabout, did not set preferential and current crossing in traffic sign, graticule, if did not let go ahead of the rest of right viatic car and cause an accident, if plan institute shows: A car in full charge.
5, when be controlled through doing not have traffic signal lamp or doing not have pointsman commanding roundabout, if meet pair of all along cars, left-hand bend car not of car of straight travel of to give way, if plan institute shows: A car in full charge.
6, when perhaps doing not have pointsman commanding roundabout through doing not have the crossing of traffic signal lamp, the right-hand bend car of opposite way travel not of car of left-hand bend of to give way, if plan institute is shown, a car in full charge.
7, when green light shines, turn car did not let by the go ahead of the rest of straight drive a vehicle of discharged, produce traffic postaccident, by A car in full charge.
8, when red light is bright, right-hand bend car does not have to give way by the car go ahead of the rest of discharged, if plan institute shows: A car in full charge.
9, when car of the meeting on the road that perhaps does not have a center to keep apart establishment without central line, those who encounter fraise, the one party that has an obstacle should let trouble-free one party go ahead of the rest, but the one party that has an obstacle has sailed obstacle a section of a highway, trouble-free one party did not sail fashionable, trouble-free one party did not let have go ahead of the rest of obstacle one party, if plan institute shows: A car in full charge.
10, keeping apart establishment without the center, when car of the meeting on the road that perhaps does not have central line, declivous car did not give uphill car to give way, if plan institute shows: ? San car in full charge;
But declivous car has gone to midway and when uphill car is not uphill, uphill car did not let declivous car go ahead of the rest, if plan institute shows: By A car in full charge.
11, when keeping apart establishment to perhaps do not have car of the meeting on the narrow hill road of central line without the center, the one party of backer body did not let go ahead of the rest of car of another direction travel, if produce traffic accident, if plan institute shows: A car in full charge.
12, enter rotary table to (annular crossing) the car did not let already was in the car go ahead of the rest inside crossing, from this and the accident that cause, by A car in full charge.
13, the car of converse travel, if plan institute is shown, a car in full charge.
14, the Founder before surmounting is when left-hand bend car, if plan institute shows: A car in full charge.
15, the Founder before surmounting produces an accident when the car of tune, if plan institute is shown, a car in full charge.
16, the Founder before surmounting produces an accident when the car of overtake, a car in full charge.
17, come opposite car may car when overtake and cause traffic accident, if plan institute is shown, a car in full charge.
18, go by roundabout, narrow of the overtake when the bridge, tortuous path, brow, channel, if plan institute is shown, a car in full charge.
Bend overtake
Narrow bridge overtake
19, on the road that only in same perhaps without central line way a motor vehicle, surmounted on the right side of the car once upon a time, if plan institute is shown, a car in full charge.
20, prohibiting when the local tune of tune mark, graticule, did not let go ahead of the rest of normal travel car, if plan institute is shown, a car in full charge.
21, go up in the way that sets no U-turns mark, graticule and turn around inside pedestrian crosswalk, bridge, brow, channel, if plan institute shows: All be A car in full charge.
22, traffic accident produces when backing a car, if pursue: A car in full charge
23, those who produce smooth car, if plan institute shows: A car in full charge
24, deregulation, in the travel inside special driveway, if plan institute shows: A car wants in full charge.
25, did not pass through according to pointsman direct, if plan institute shows: A car in full charge.
26, prohibiting when the transport travelling of travel produces traffic accident, if plan institute shows: A car in full charge.
27, enter red light, if plan institute shows: A car in full charge.
28, violate the rules and regulations jockeys, if plan institute shows: All be A car in full charge.
29, disobey lade regulation, cause goods train in excess specified length, exceed part of wide, freeboard to cause traffic accident, a car all in full charge.
30, the goods that van place lades drops in car travel, involuntary discharge of urine is aspersed, wave medicinal powder the traffic accident that in waiting for a process, causes, if plan institute shows: All be A car in full charge.
31, disobey oriented mark to indicate travel, if plan institute shows: All be A car in full charge.
32, did not indicate directional travel according to oriented driveway, if plan institute shows: A car in full charge!
(one) the behavior of violate the rules and regulations of two party causes traffic accident jointly, behavior of violate the rules and regulations bears main responsibility in the one party with the great effect in traffic accident, other one party bears less important responsibility;
(2) accident of traffic of motor vehicle and blame motor vehicle, pedestrian happening, party just reports a case to the security authorities conditionally each and all did not report a case to the security authorities or report a case to the security authorities not in time, make traffic accident responsibility cannot be maintained, motor vehicle one party ought to bear main responsibility, one party of blame motor vehicle, pedestrian bears less important responsibility;
(3) postaccident of traffic of motor vehicle and blame motor vehicle, pedestrian happening did not jockey instantly, did not protect the spot, cause accident reason to cannot be found out, motor vehicle one party ought to bear main responsibility, one party of blame motor vehicle, pedestrian bears less important responsibility.
(one) the behavior of violate the rules and regulations of two party causes traffic accident jointly, behavior of violate the rules and regulations comparatives basically in the action in traffic accident, two bear coequal responsibility;
(2) traffic accident produces between motor vehicle, party just reports a case to the security authorities conditionally each and all did not report a case to the security authorities or report a case to the security authorities not in time, make traffic accident responsibility cannot be maintained, ought to bear coequal responsibility;
(3) traffic postaccident happens to did not jockey instantly between motor vehicle, did not protect the spot, cause accident reason to cannot be found out, both sides bears coequal responsibility.
4, the behavior of violate the rules and regulations of tripartite above party causes traffic accident jointly, according to behavior of respective violate the rules and regulations the action size in traffic accident differentiates responsibility.
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