Two months ago, in Xiangzhou County, Laibin City, an off-road vehicle rear-ended a large truck parked on the roadside due to a breakdown, killing five people on the off-road vehicle. When questioned by the traffic police, the driver of the large truck, Chen, did not admit his identity immediately. Instead, he asked someone to pick up the blame. His behavior was deemed by the traffic police department to be a hit-and-run situation and required him to confront the off-road vehicle driver who was at fault. Members bear equal responsibilities. On September 16, Chen was detained by the police on suspicion of traffic accident.

1. Review of the incident? A large truck was rear-ended while parked on the side of the road

At about 7 pm on July 8, Chen alone drove a Gui B heavy-duty dump truck, loading A cart of bark was driving from Mengcun Town, Xingbin District, Laibin City to Xiangzhou County. When the vehicle was driving to the Huashan Village section of Shilong Town, Xiangzhou County on the G355 line, it suddenly broke down and could not move forward. He parked the vehicle on the side of the road.

“The transmission clutch of the car is broken.” Chen said that after inspection, he found the cause of the vehicle failure, so he contacted a car repair shop with which he was familiar, hoping that the other party would send someone to repair it. “But The other party said that there are no spare parts in the factory and they need to be shipped from Liuzhou and can only come the next day."

▲The scene of the incident.

After understanding the situation, Chen turned on the hazard warning lights (double flashing lights) of the large truck, found a bundle of branches from the side of the road, and placed them on the road 40 meters away from the rear of the vehicle to remind passing vehicle. Afterwards, he returned to the cab of the truck to rest.

At 1:48 a.m. on July 9, Chen was awakened by a loud noise. Through the rearview mirror, he observed many car parts scattered at the rear of the truck. He got out of the car and checked and found that his truck was rear-ended by an off-road vehicle.

2. Traffic police investigation? The driver lied about the car being driven by a friend

“The airbags in the car were all opened and I couldn’t see clearly what was going on inside the car.” Chen said that because it was dark, Since there were no lights on the road, he could not determine the casualties of the people in the off-road vehicle, so he called 110 for the police and 120 for emergency services. After the incident, hospital emergency personnel and traffic police rushed to the scene. It was confirmed by doctors at the scene that the five drivers and passengers in the off-road vehicle died on the spot.

Chen later learned that the five people on the off-road vehicle were all from Shilong Town, Xiangzhou County. The driver, Zhang Moulin, was driving without a license at the time of the incident. “They went to Gao’an Township, Xingbin District to eat. For late-night snacks, the car was driven out secretly." However, at the scene, Chen did not admit his identity as the driver, but said that his friend drove the car.

On the third day after the incident, Chen admitted that he was the driver of a large truck when faced with evidence from the traffic police department. The traffic police obtained road surveillance and other information and confirmed that it was Chen who drove the car.

3. Responsibility determination? Both parties bear equal responsibility

Chen said that on August 7, the Xiangzhou County Traffic Police Brigade convened both parties to the accident to hold an evidence public meeting, at which he obtained It is known that in addition to driving without a license, off-road vehicle driver Zhang Moulin also engaged in speeding. The speed limit on the accident section is 60 kilometers/hour, and the speed of the off-road vehicle at the time of the accident was 94 kilometers/hour.

On August 12, the traffic police brigade of the Xiangzhou County Public Security Bureau analyzed the accident and concluded that the reflective markings on the body of the vehicle driven by Chen did not meet the technical standards, the warning signs were not set up as required, and the alarm was not reported in a timely manner. He was at fault in the accident; after the accident, Chen concealed his identity as the driver and replaced him as the driver of the truck, which was a hit-and-run situation. The off-road vehicle driver Zhang Moulin did not obtain a motor vehicle driving license in accordance with the law. He was speeding when driving the vehicle through the accident section, which played a major role in the accident and was largely at fault in the accident. The traffic police therefore determined that Chen and Zhang should bear equal responsibility.

"I have been at the scene since the incident, and later actively cooperated with the traffic police in the investigation and did not escape." Regarding the accident determination by the Xiangzhou Traffic Police, Chen felt that he was wronged. He said that after the accident, he called the police as soon as possible and stayed at the scene to wait and cooperate with the traffic police and relevant departments. He was also on call for subsequent investigations and inquiries.

▲The front of the off-road vehicle is beyond recognition.

In response to the traffic police’s belief that he had concealed his identity as a driver and found someone to replace him, Chen explained that because he did not have a business qualification certificate issued by the transportation department, he was driving a truck of bark at the time and was afraid of being transported. The department fined me, so I lied that it was a friend driving the car. "The traffic police department has determined that the other party played a major role in the accident and was at greater fault. Why do they still determine that Zhang and I are equally responsible?" Chen said that although he concealed the identity of the driver and found someone to replace him, Chen said He never left the scene, personally called the police and cooperated with the traffic police at the scene. It should not be classified as a traffic accident escape.

Chen was dissatisfied with the accident determination issued by the Xiangzhou County Traffic Police Brigade and applied to the Laibin City Traffic Police Detachment for review. On September 2, the Laibin City Traffic Police Detachment made a review conclusion: After the accident, Chen deliberately concealed and concealed his driver’s identity and found someone else to take his place. This was a traffic accident hit-and-run situation. Therefore, it was decided to maintain the Xiangzhou County Traffic Police Brigade’s Accident identification.

4. Does it count as a hit-and-run?

Does what Chen did constitute a traffic hit-and-run situation? The key to determining a hit-and-run accident is to examine whether the behavior of the parties concerned conforms to the essential characteristics of a hit-and-run accident, that is, failure to perform legal obligations and evade legal responsibility.

After Chen was rear-ended by his truck, he was worried that he would be punished for not having a professional qualification certificate, so he found someone to impersonate him. This behavior directly reflected his subjective psychological state of evading legal responsibility. Therefore, his behavior should be considered a hit-and-run accident.

According to Article 92 of the "Regulations on the Implementation of the Road Traffic Safety Law of the People's Republic of China", if a party escapes after a traffic accident, the escaping party shall bear full responsibility, but there is evidence to prove that the other party If the party involved is also at fault, the liability can be reduced. "According to the law, Chen had a hit-and-run situation and should bear full responsibility. However, Zhang's fault was too great, so it was determined that the two were equally responsible."

Since Chen does not have a professional qualification certificate, he will not be compensated for the vehicle he drives even if he buys insurance, and there is a suspicion of insurance defrauding him by asking someone to cover it up. Chen’s approach may also be He was suspected of causing a traffic accident, which brought him jail time.

At 11 a.m. on September 15, Chen was criminally detained by the Xiangzhou County Public Security Bureau on suspicion of traffic accident.

This article comes from the author of Autohome Chejiahao and does not represent the views and positions of Autohome.