Traffic accident responsibility is maintained is to show public security mechanism is in after proving traffic accident cause, between the behavior of violate the rules and regulations according to party and traffic accident causal, and behavior of violate the rules and regulations is in the action in traffic accident, to the behavior that the traffic accident responsibility of party tries to maintain. So, how long does traffic accident responsibility maintain time to want? Is traffic accident responsibility differentiates what kind of? The arm of the law seeks below small make up introduce in detail for you.
After traffic accident happens, door of the Ministry of Communication needs to undertake to traffic accident responsibility is maintained, management department of transportation of public security mechanism ought to is opposite according to the behavior of party the serious rate that produces the action since place of road transportation accident and fault, determine the blame of party. Does the arm of the law seek accordingly below small make up understanding one case is traffic accident responsibility maintained? .
One, cognizance time of traffic accident duty wants how long
Management department of transportation of public security mechanism ought to since the day from field survey road transportation accident is made hold a book inside 10 days. Traffic cause trouble escapes the case is in hunt down traffic cause trouble car and drive person hind makes road transportation accident hold a book inside 10 days. Examine to needing to undertake, of appraisal, ought to examining, since the day with appraisal firm conclusion road transportation accident is made hold a book inside 5 days.
Produce fatal accident, management department of transportation of public security mechanism ought to be before cognizance book of accident of transportation of the road that make, call together each party to show up, open investigation obtains evidence. The testimony that witness requirement keeps secret or involves privacy of national secret, trade secret and individual must not be made public. Party is not present, management department of transportation of public security mechanism ought to give record.
2, traffic accident responsibility differentiates
Management department of transportation of public security mechanism ought to is opposite according to the behavior of party the serious rate that produces the action since place of road transportation accident and fault, determine the blame of party.
? (one) cause road transportation accident because of the fault of one party party, assume full responsibility;
The following 16 kinds of case will be decided to be total liability normally:
Of the car before the １ , collision that trace remaining part;
2, change driveway happening accident;
3, back a car, of accident of smooth late strange liaison man;
4, from the road outside or blame motor-driven driveway sails motor-driven driveway happens touch blow;
5, green light discharged or turn without crossing of signal lamp pilot the car did not allow straight drive a vehicle;
6, the car that enters ring road mouth did not let sail go out or of the car in the travel inside ring road mouth;
7, span road center solid line perhaps keeps apart accident of solid line happening;
8, of converse travel;
9, on the right side of of accident of overtake happening traffic;
10, the Founder before surmounting often turns around, happen when the car of left-hand bend, overtake touch blow;
11, strong red light produces traffic accident;
12, the place that has no U-turns mark, graticule and the hair is dropped to give birth to traffic accident in pedestrian crosswalk, bridge, brow, channel;
13, collision can pause lawfully, of the car of park;
14, switch door causes traffic accident;
15, parking lot of motor vehicle pass in and out or jockey the accident produces with the car of normal travel when berth;
16, accident of traffic of home remedy happening.
(2) because of two or the fault of two above party produces road transportation accident, according to its behavior makes the serious pitch of in order to and fault to what the accident happens, assume main responsibility, coequal responsibility and less important responsibility respectively;
(3) each all just do not have the fault that causes road transportation accident, those who belong to traffic contingency, each Fang Jun is unaccountable.
One party party causes road transportation accident intentionally, other places is unaccountable.
Mechanism of provincial public security can make responsibility of specific road transportation accident decide detailed rules according to concerning law, code or standard.
Afore-mentioned articles seek the arm of the law small make up introduced traffic accident responsibility to maintain time to want in detail for everybody how long and the relevant content that traffic accident responsibility differentiates, according to the regulation of our country relevant law, management department of transportation of public security mechanism ought to since the day from field survey road transportation accident is made hold a book inside 10 days. Traffic cause trouble escapes the case is in hunt down traffic cause trouble car and drive person hind makes road transportation accident hold a book inside 10 days. Examine to needing to undertake, of appraisal, ought to examining, since the day with appraisal firm conclusion road transportation accident is made hold a book inside 5 days.
