How to divide the responsibilities of people injured in traffic accidents

Legal analysis:

Conclusion: traffic accident The responsibilities for injuries are divided 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.

Legal basis:

Article 76 of Road Traffic Safety Law

If a traffic accident occurs to a motor vehicle and causes personal injury, death or property loss, the insurance company shall compensate within the limit of liability of the compulsory third party liability insurance for motor vehicles; 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.

lawyer Tips:

《 Administrative Procedure Law 》Article 43
The evidence shall be presented in court and cross examined by the parties. Evidence involving state secrets, trade secrets and personal privacy shall not be presented in public hearings.
The people's 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 identification and division of traffic accident responsibility: the traffic management department of the public security organ shall divide the responsibility of the parties according to the role of their actions in road traffic accidents and the severity of their faults. If one party's fault causes a road traffic accident, it shall bear full responsibility; If two or more parties are at fault, they shall bear primary responsibility, equal responsibility and secondary responsibility respectively; If neither party is at fault, neither party shall be liable.