Traffic accident responsibility, it is public security hands in tubal branch to whether have traffic to violate behavior, its traffic according to traffic accident party whether to exist between behavior and traffic accident aftermath causal the fault responsibility that waits for external state of affairs to hold party. So, produce traffic cause trouble, how is responsibility maintained? Below lawyer 365 small make up introduce in detail for you.
To motor vehicle happening the responsibility after the accident is maintained, management department of transportation of public security mechanism needs to make survey produce the expected result, investigation to trouble spot first, exert all one's strength ought to be opposite according to the behavior of party the serious rate that produces the action since traffic accident place and fault, certain interested parties needs to assume what kind of responsibility to this accident, and this namely the level that traffic accident responsibility maintains. Corresponding and different responsibility, the compensatory proportion that need assumes later is different also.
(One) total liability and unaccountableOne party party has one of following scenario to cause traffic accident, this party ought to bear the full responsibility of the accident, the accident is other square party is unaccountable:
1, one party party causes road transportation accident intentionally, bear full responsibility, other places is unaccountable.
2, cause road transportation accident because of the fault of one party party, other square party does not have behavior of violate the rules and regulations, assume an accident by party of fault one party total liability.
3, party escapes, create the spot fluctuant, evidence destroys break, public security hands in tubal branch to cannot check of fact of road transportation accident, assume total liability; by the party that escape
4, party is destroyed intentionally, forge the spot and ruined evidence, assume an accident by its total liability.
5, drive motor vehicle happening and this car when related traffic accident, party does not jockey instantly, do not protect the spot, cause traffic accident responsibility to cannot be maintained, ought to bear the full responsibility of the accident.
6, 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,
7, each all just do not have the fault that causes road transportation accident, belong to traffic contingency, each Fang Jun is unaccountable.
(2) main responsibility and less important responsibilityParty one party has the negative main responsibility of the following behavior, other one party bears less important responsibility:
1, accident of traffic of motor vehicle, blame motor vehicle, pedestrian happening, each party has traffic accident behavior of violate the rules and regulations, in the action in traffic accident great one party bears main responsibility, 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 did not report a case to the security authorities or report a case to the security authorities not in time, cause fact of accident radical skill to cannot make a thorough investigation of, motor vehicle just 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 fact of accident radical skill to cannot make a thorough investigation of, negative accident of motor vehicle one party is main responsibility.
(3) coequal responsibilityBecause of two (or two above) the behavior of violate the rules and regulations of party causes traffic accident jointly, its behavior comparatives in the action in the accident, bear coequal responsibility. Party both sides has the negative coequal responsibility of the following behavior:
1, accident of traffic of motor vehicle, blame motor vehicle, pedestrian happening, each party all has traffic accident behavior of violate the rules and regulations, and the; that behavior of violate the rules and regulations comparatives basically in the action in traffic accident
2, produce traffic postaccident each party all did not jockey instantly, did not protect the spot, cause the; that traffic accident responsibility cannot maintain
3, party all just reports a case to the security authorities conditionally each and did not report a case to the security authorities or report a case to the security authorities not in time, the not affirmatory responsibility that makes traffic accident responsibility cannot be maintained cannot check to traffic accident the responsibility of accident fact maintains, public security hands in tubal division system to make road transportation accident hold a book, the fact that state of affairs of the time that accident of transportation of Zai Mingdao road produces, place, party and investigation get, but do not make to accident responsibility maintain.
After accident of traffic of motor vehicle happening, general need is made to accident responsibility by management department of transportation of public security mechanism maintain, differentiate. Among them, the responsibility that party assumes to the accident is different, so later the compensatory scale that need makes to the harm that causes in the accident, loss is different also, additionally this also is mattered to whether to make crime of traffic cause trouble, need assumes the problem of criminal responsibility, because this is certain cannot carelessness.