Legal analysis:
Conclusion: There are people involved in traffic accidents Division of liability for injury As follows.
Division of responsibilities for injuries in traffic accidents: Vehicle If a traffic accident occurs between, the party at fault shall bear the responsibility Liability If both parties are at fault, they shall share the responsibility in proportion to their respective faults. Motor vehicles and Non-Motor Vehicle If a traffic accident occurs between the driver and the pedestrian, and the non motor vehicle driver and the pedestrian are not at fault, the motor vehicle party shall bear the liability for compensation; If the non motor vehicle driver or pedestrian is at fault, the liability for compensation of the motor vehicle party shall be appropriately mitigated.
Legal basis:
Article 76 of Road Traffic Safety Law
Personal injury or death caused by traffic accidents of motor vehicles property loss The insurance company shall provide the insurance within the limit of liability of the compulsory third party liability insurance for motor vehicles compensate for The insufficient part shall be liable for compensation in accordance with the following provisions:
(1) If a traffic accident occurs between motor vehicles, the party at fault shall be liable for compensation; If both parties are at fault, they shall share the responsibility in proportion to their respective faults.
(2) If a traffic accident occurs between a motor vehicle and a non motor vehicle driver or pedestrian, and the non motor vehicle driver or pedestrian is not at fault, the motor vehicle party shall be liable for compensation; yes evidence If it is proved that the non motor vehicle driver or pedestrian is at fault, the compensation liability of the motor vehicle party shall be appropriately reduced according to the degree of fault; If the motor vehicle party is not at fault, it shall be liable for compensation of not more than 10 percent.
Counsel:
《 Administrative Procedure Law 》Article 43
The evidence shall be presented in court and party Cross examine each other. For those involving state secrets, trade secrets and privacy The evidence shall not be presented at the public hearing.
people civil law The court shall examine and verify evidence comprehensively and objectively in accordance with legal procedures. The reasons for the inadmissible evidence shall be stated in the judgment document. Evidence obtained by illegal means shall not be used as the basis for ascertaining the facts of the case. How to divide the responsibility for injuries in traffic accidents. Your headache is exactly what we are good at solving. If you can't find a suitable lawyer to help you with the above problems, please click the page consultation button, Nomogram Professional lawyers can help you solve problems.
Relevant supplement 1:
How to divide the responsibilities of people injured in traffic accidents
Conclusion: The division of liability for injuries in traffic accidents is as follows.
The division of liability for personal injury in traffic accidents: in case of traffic accidents between motor vehicles, the party at fault shall bear the liability for compensation; If both parties are at fault, they shall share the responsibility in proportion to their respective faults. If a traffic accident occurs between a motor vehicle and a non motor vehicle driver or pedestrian, and the non motor vehicle driver or pedestrian is not at fault, the motor vehicle party shall be liable for compensation; If the non motor vehicle driver or pedestrian is at fault, the liability for compensation of the motor vehicle party shall be appropriately mitigated.
Relevant supplement 2:
Determination of liability for traffic accidents How to divide responsibilities
Conclusion: The classification basis of traffic accident liability is as follows.
Basis for determination and division of traffic accident liability: the traffic management department of the public security organ shall, according to the behavior of the party concerned road traffic accident The responsibility of the parties shall be divided according to the role played and the severity of the fault. If one party's fault causes a road traffic accident, it shall bear full responsibility; If two or more parties have faults, they shall bear the responsibilities respectively Main responsibilities , equal responsibility and secondary responsibility; If neither party is at fault, neither party shall be liable.
2023-12-31 15:34:00 Reply