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What is the compensation standard for equal liability in traffic accidents

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Source: Legal Chart Compilation · 2024.02.29 · 4425 people have seen it
Guide: We believe that we will encounter many legal problems in our work, study and even daily life. This article provides specific legal knowledge answers to the legal problems we may encounter. I hope this article can help you to understand more about the relevant legal knowledge about how the compensation standard for the same liability as traffic accidents is.
 What is the compensation standard for equal liability in traffic accidents

I traffic accident How to bear the liability of compensation for equal liability

The same responsibility also depends on the situation:

1. If both parties are motor vehicles, the compensation method is that both parties use their own Compensation for compulsory traffic insurance other party, Compulsory traffic insurance If the compensation is not enough, the other party will compensate 50% of the excess, and the other party will bear 50%. If either party has insurance, it can use the insurance company to compensate.

2. If one party is a motor vehicle and the other party is a non motor vehicle or pedestrian, 50% of the motor vehicle loss party shall be compensated by the other party, and the other 50% shall be borne by the insurance company. The motor vehicle party shall first compensate the other party with compulsory traffic insurance, and the excess part shall be borne by 50% respectively.

II liabilities for traffic accident How to undertake

The current traffic accident liability in China is divided into five categories, namely, full liability, primary liability, equal liability, secondary liability and no liability. The identification standards are:

(1) Full responsibility and no responsibility

The violator shall be fully responsible for the accident completely caused by one party's violation of rules, while the other party without direct causal relationship with the accident shall not be responsible. For example, a drunk driver suddenly drove his car to the left and knocked down a student who normally rode a bicycle. The hit person died after hospital rescue. The accident was completely caused by the violation of the driver's side, so the driver should take full responsibility, and the hit person was not responsible because there was no violation.

(2) Primary and secondary responsibilities

If the accident is mainly caused by one party's violation of regulations and the other party or a third party also has violations, the main violator shall bear the primary responsibility, and the other party or the third party shall bear the secondary responsibility. For example, in a traffic accident in a certain place, a female student rode a bicycle from north to south, rode into the fast lane at the turntable of the department store, and scraped with a Jiefang tag trailer driven by a driver from east to west. The car ran over the female student's chest and died after rescue. In this accident, female students riding bicycles encroached on the fast lane and took improper avoidance measures, which should be the main responsibility. The driver takes secondary responsibility for not observing when driving.

(3) Equal liability

All parties involved in the traffic accident have violated the rules and regulations. If the circumstances are similar, all parties shall bear the same responsibility.

Now we all know that Equal liability for traffic accidents Of Compensation standard Thank you for reading the article. about Identification of traffic accidents There are many others legal knowledge , if you want to know, please ask us Nomogram Specialty of lawyer Right.

From the above contents, we can know how to deal with the problem of compensation standard for equal liability in traffic accidents. In real life, we may face many legal problems, so we should learn more about legal knowledge, so that we can better solve these problems through law.

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