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Traffic accident classification standards

Legal subjectivity: Our country's road traffic accident laws also provide for the division of responsibilities: 1. Division of responsibilities for traffic accidents. The same traffic accident may have led to different conclusions in the past when dividing the responsibilities of the parties.

In the future, such a situation will never happen again, and the "Ningbo City Road Traffic Accident Liability Determination Rules" will be officially implemented from New Year's Day.

The "Rules" clarify that in traffic accidents between motor vehicles, between motor vehicles and non-motor vehicles, and between non-motor vehicles, the liability for accidents should be determined based on the danger of the traffic mistake and the possibility of avoiding danger; motor vehicles

For traffic accidents between pedestrians and between non-motor vehicles and pedestrians, the liability for accidents should be determined based on the principle of the vehicle and the passenger and the vehicle ensuring the safety of pedestrians.

Among them, the principle of allowing a vehicle to pass on pedestrians is judged based on the degree of attention paid by the driver to the movements of pedestrians and the role of the avoidance measures taken in the event of danger in traffic accidents.

In the past, in practice, when the traffic police determined the liability of the parties involved in traffic accidents, they could only make judgments on the role of the parties' behavior in the traffic accident and the severity of their faults through analysis of the case circumstances. This kind of analysis and judgment was not unified due to the lack of uniformity.

Different judgment criteria will often lead to different conclusions for the same traffic accident.

The promulgation of the "Ningbo City Road Traffic Accident Liability Determination Rules" provides clear standards for the identification of traffic accidents. 2. Legal provisions related to the division of responsibilities for road traffic accidents Article 75 Medical institutions shall promptly rescue persons injured in traffic accidents

, and treatment shall not be delayed due to failure to pay the rescue fee in time.

If the vehicle involved in the accident participates in the compulsory motor vehicle third-party liability insurance, the insurance company shall pay the rescue expenses within the liability limit; if the rescue expenses exceed the liability limit, if the vehicle does not participate in the compulsory motor vehicle third-party liability insurance or if the vehicle escapes after the accident, the insurance company shall pay the rescue expenses within the liability limit.

The traffic accident social assistance fund advances part or all of the rescue costs, and the road traffic accident social assistance fund management agency has the right to recover compensation from the person responsible for the traffic accident.

Article 76 If a traffic accident involving a motor vehicle causes personal casualties or property losses, the insurance company shall compensate within the liability limit of the compulsory third party liability insurance for motor vehicles; any shortfall 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 bear the liability for compensation; if both parties are at fault, they shall share the liability 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 bear the liability for compensation; there is evidence to prove that the non-motor vehicle driver or pedestrian is at fault.

If the motor vehicle party is not at fault, the 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 bear no more than 10% of the liability for compensation.

The loss of a traffic accident is caused by a non-motor vehicle driver or pedestrian intentionally colliding with a motor vehicle, and the motor vehicle party is not liable for compensation.

Relevant knowledge expansion: The division of responsibilities in traffic accidents and the responsibilities of the parties involved in traffic accidents are determined by the public security organs based on the facts of the accident site inspection and investigation and in accordance with traffic regulations.

It is based on accountability, appropriate punishment, and reasonable compensation, and will be directly related to the criminal, civil and administrative liability issues that parties must bear.

Therefore, it is necessary to make full use of various evidence materials and calculation data to conduct comprehensive and reasonable analysis and determination.

(1) Full liability and no liability.

If an accident is entirely caused by a violation of the rules by one of the parties, the violator shall bear full responsibility, and the other party who has no direct causal relationship with the accident shall not be held liable.

(2) Primary responsibilities and secondary responsibilities.

If an accident is mainly caused by one party's violation and the other party or a third party also violating the rules, the main violator shall bear primary responsibility, and the other party or third party shall bear secondary liability.

Legal objectivity: According to Article 6 of the "Measures for Handling Road Traffic Accidents": Based on the degree and amount of personal casualties or property losses.

Traffic accidents are divided into minor accidents, general accidents, major accidents and extremely serious accidents.

Specific standards are formulated by the Ministry of Public Security.