The responsibility for the accident shall be determined by the traffic police according to law after investigating the scene. Motorcycles are bound to be responsible. As for whether cars are responsible, it also depends on whether there are violations during driving. How to Punish Unlicensed Motorcycle Driving Article 99 of the Road Safety Law stipulates that "Anyone who drives a motor vehicle without obtaining a motor vehicle driving license, whose motor vehicle driving license is revoked, or whose motor vehicle driving license is temporarily detained shall be fined not less than 200 yuan but not more than 2000 yuan, and may also be detained for not more than 15 days." Unlicensed driving and driving deemed unlicensed may have the following ten situations:
1. Without a driver's license
2. Unlawfully obtaining a driving license without examination
3. The driver's license is cancelled or revoked
4. Those who do not meet the driving conditions, age and health conditions, and obtain a driving license illegally
5. The driver's license has expired
6. The driver's license is temporarily withheld
7. Driving civilian motor vehicles with driving licenses of the military and armed police forces
8. Driving in China with an overseas motor vehicle driving license
9. Driving a vehicle that exceeds the highest permitted model
10. Not carrying a driver's license. If criminal responsibility is investigated, it can be used as a defense of innocence or probation. According to Article 133 of the Criminal Law, there are three different levels of punishment for the crime of causing traffic accidents:
1. Those who violate the traffic and transportation management laws and regulations, thus causing a serious accident, causing serious injury, death or heavy losses of public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. The so-called "major accident" here refers to one of the following circumstances according to Paragraph 1 of Article 2 of the Interpretation: 1. One person died or more than three people were seriously injured; 2. More than three people were killed or were mainly responsible for the accident; 3. Those who were equally responsible for the accident caused direct losses to public property or other people's property, and were fully or mainly responsible for the accident, The amount of compensation for incompetence is more than 300000 yuan. The second paragraph of Article 2 of the Interpretation stipulates that if a traffic accident causes more than one person to be seriously injured, bears all or the main responsibility for the accident, and has one of the following circumstances, he shall be convicted and punished as a traffic accident crime: 1. After drinking After taking drugs, 2 driving a motor vehicle without driving qualification 3 driving a motor vehicle knowing that it is a motor vehicle with incomplete safety devices or defective safety mechanisms 4 driving a motor vehicle knowing that it is a motor vehicle without a license plate or has been scrapped 5 seriously overloaded driving 6 escaping from the scene of the accident in order to avoid legal investigation. Other particularly serious circumstances refer to one of the following circumstances: 1. More than 2 people died or more than 5 people were seriously injured, 2. More than 6 people died, 3. Those who bear the same responsibility for the accident cause direct losses to public property or other people's property, bear all or the main responsibility for the accident, and are unable to make compensation of more than 600000 yuan. According to the provisions of Article 133 of the Criminal Law, those who commit the crime of causing traffic accidents shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention for escaping after causing traffic accidents or other especially bad circumstances, and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years for escaping and causing death, and shall be sentenced to fixed-term imprisonment of not less than seven years. According to Article 99 of the Road Traffic Safety Law of the People's Republic of China, anyone who commits one of the following acts shall be fined not less than 200 yuan but not more than 2000 yuan by the public security and traffic administration department: If his motor vehicle driver's license has been revoked or his motor vehicle driver's license has been temporarily detained, he may drive a motor vehicle by handing it over to 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, causing him to escape after a traffic accident, If four motor vehicles that do not constitute a crime drive more than 50 percent of the prescribed speed per hour and force the motor vehicle driver to drive a motor vehicle in violation of road traffic safety laws and regulations and the requirements of motor vehicle safety driving, causing a road traffic accident, and if six motor vehicles that do not constitute a crime drive in violation of the provisions of the traffic control system, and do not listen to dissuasion, seven motor vehicle drivers deliberately damage, move, or alter traffic facilities, Illegally intercepting or detaining a motor vehicle without listening to dissuasion, resulting in serious traffic congestion or considerable property losses.
