A lawyer to handle the traffic accident cases, operation guidelines

1, the conditions of admissibility
1.1 not all traffic accident disputes are the disputes of compensation for traffic accident. Some traffic accident personal injury and economic losses occur, some traffic accident no personal injury results but there are economic losses. In deciding whether to accept should consider the following:
⑴ whether traffic accidents; the occurrence of personal injury results; and whether the economic loss; if there is illegal, illegal behavior; on whether there is a direct causal relationship between the behavior and the damage results; the limitation of action.
1.2 traffic accident refers to the vehicle because of fault or accident caused personal injury or property damage in the path of the event.
Lawyers should review what evidence can prove that the victims of facts or applicable much higher compensation standard of evidence.
1.3 personal injury caused by traffic accidents result refers to the medical, disability or death as a result of.
Lawyers should review what evidence can prove there have been in the loss of victim (including medical has yet to end, damage is not fixed. This is usually considered as a compensation for the budget problem, can retain the right of action, when damage can be quantified and then append or separate action).
The 1.4 limitation and other personal injury litigation compensation, the limitation of action for a year of personal injury.
2, risk disclosure
The traffic accident cases involving traffic accident, urban or rural residents standard of compensation, disability, loss of working time nutrition nursing period, resulting in the court trial number, cycle is long; and the various human factors and litigation risk There's no telling. Therefore, lawyers in the case should be through the production notes or enter into the relevant terms and the parties in the contract "lawyers", fulfill the risk disclosure obligation.
3, the lawyer charge mode
First, according to the charges. Application of litigation conventional traffic accident cases lower.
Secondly, in accordance with the object of litigation fees. The traffic accident case applicable object of action of higher.
Third, part of the risk of agent fees. First, a part of the basic fee, according to the case processing results according to a certain percentage. Apply to the dispute focus compensation standard is according to the countryside or city residents standard compensation cases.
4, signed the "contract" to hire a lawyer
Traffic accident cases principal-agent contract has its particularity, generally divided into the whole process of the transaction agent and special affairs agency contract. The specific affairs agency including but not limited to: ⑴ for investigation, forensics; it provides "case analysis" the consulting report; in traffic accident urge processing stages; and for disability identification and "phase three" application is filed; the identification of traffic accident law enforcement supervision application against the book; the agreement of the parties, in generation; for "the crime of causing traffic casualties" criminal charges;
5, the parties to provide clues and evidence
The case clues including but not limited to the time of the accident after the accident, the scene of the accident survey map, the statements of the parties, the testimony of witnesses, accident, vehicle inspection report, autopsy report, disability identification books and other important information related to the case;
The evidence includes but is not limited to medical data (including doors, emergency treatment, hospitalization, medical certificate, medical expenses, the discharge summary list etc.), nursing certificate, proof of income, proof of work and work, proof of residence, transportation fees, accommodation fees documents documents, proof of death, funeral expenses, raise / maintenance / support documents proof, disability kits proved, identity and proof of kinship (except the male letter evidence).
6 stage examination, whether the violation occurred accident
6.1, the facts and procedural irregularities, including but not limited to:
⑴ without party record;
The survey site did not do;
We did not detect the vehicle performance;
Do not witness record;
The client identity information not found;
The accident vehicle basic information and vehicle insurance situation not found;
The above fail to fulfill statutory procedures for handling traffic accident, has the potential to cause traffic accident error.
Irregularities in 6.2, erroneous application of the law, including but not limited to:
Applicable law is not accurate;
The illegal activities, but have no causal relationship with the traffic accident;
The error in the application of the law, may cause traffic accident error.
Should pay attention to 7 problems, prosecution, including but not limited to:
The concurrence of liability: traffic if happened in the way to work, the victim can also filed a civil lawsuit for damages or compensation disputes of personal damages in the traffic accident.
We determine the proper defendant: driver, car owners, employers, linked units, the guarantor are likely as the proper defendant, the insurance company can be used as case third people participate in litigation, to assume responsibility in compulsory insurance limit.
The claim should not be one step: personal injury accidents involving economic compensation scope in many projects including disability allowance, nutrition, nursing period, rest period, medical dependence period and costs need to be identified before determining, lawyers should be based on the identification results timely modify the claim.
The facts and reasons: according to the evidence review or obtain evidence range determines the writing simple complaint or non simple complaint. Writing simple petitions, shall be sufficient evidence or capture the fault party evidence.
The petition shall submit a petition for property preservation, list of evidence, additional third application, economic loss compensation calculated on the basis of relevant judicial identification, application of these steps is indispensable, especially for the victim's lawyer. The petition for property preservation is not insurance on the vehicle, it is possible to evade the debt situation.
8, the distribution of burden of proof
8.1, the injured party the burden of proof
The aggrieved party is whether there is a causal relationship between the damage and damage results, results related to economic compensation scope, amount of the burden of proof. The injured party lawyer first when the completion of causality, damage proof, on this basis, but also the burden of proof for the economic compensation, should pay attention to reasonable compensation budget proof, cannot occur leakage. When the medical has yet to end or situation caused by the complexity of the budget difficulties, when can retain the corresponding action, avoid proof ineffective.
8.2, the party the burden of proof
The party's lawyer agent when the first confirmation of traffic accident and did not exceed the limitation of action, and then decided to provide for the injured party evidence of evidence, or to provide evidence to the contrary, that the injured party to provide evidence inconsistent with the facts.
9, the time limit for adducing evidence
Where the time limit for adducing evidence of consensus, and approval by the court; the court specified time limit for adducing evidence shall be not less than thirty days, since the client receives the case after notice and notice of accepting computation. The parties shall submit evidence within the time limit of proof in court, not submitted, regarded as giving up the right to.
10, how to cross examination of traffic accidents, including but not limited to:
The sample identification book basis (History) is true, legitimate.
The identification procedure is in violation of the law.
The identification of the conclusions and the objective history (including outpatient medical records, hospital records, temperature records, doctor's advice, single test (test reports), medical imaging data, special examination and consent, operation to other medical records book, operation and anesthesia records, pathological information, nursing records and the health administrative department under the State Council) and the "Pharmacopoeia of people's Republic of China", "drug instructions", "medical practitioners", "Medical Institutions Management Ordinance", "the history of writing rules", medical treatment, nursing standard, conventional conflict.
11, how to avoid or overcome the shortage of road traffic knowledge and blind adoption of traffic accident phenomena, including but not limited to:
The proof of the traffic accident report the lack of real, legitimate, accuracy and the proposed law on the confirmation is not admissible.
We organize experts to discuss and exchange views to the court of the relevant departments.
According to reflect the situation of traffic law enforcement departments or police corps, law enforcement supervision and correction suggestions.
12, handle the relevant procedures of traffic accident cases
Program 12.1, accident
Made by the traffic police department, the parties in the traffic accident responsibility identification, divided into full responsibility, main responsibility, equal responsibility, no responsibility. If a traffic accident site traffic lights, but the accident when signal lamp status can not be verified or not the scene of the accident, shall be deemed as books make accident can not be identified.
12.2, disability identification procedures
The injured party can be in the medical termination when put to the traffic police department to apply for disability identification, by the traffic police department designated testing center qualified identification; or litigation to the court to apply for disability identification, the court appointed Identification Center qualified identification; the victim can also be commissioned by the law firms, law firms shall entrust a qualified identification center identification of.
12.3, mutual consultation procedure
Solve the traffic accident civil compensation liability dispute parties, it shall make an agreement. Agreement shall set forth the basic situation of the parties and the responsibility of traffic accident, the parties jointly identified disability grade, property losses and the amount of such compensation negotiated, and by the parties to sign the agreement.
12.4, the traffic police mediation program
The traffic police department traffic accident disputes should be requested by the parties, mediation by the traffic accident compensation. Mediation, both parties should follow the voluntary principle, and should be based on the interpretation of "Regulations" the Supreme People's Court on certain issues concerning the application of law in the trial of personal injury compensation case of the calculation of the amount of compensation.
12.5, traffic accident criminal procedure
The party is suspected of traffic accident crime of traffic accident, can be brought to start criminal proceedings to the public security departments in accordance with the law.
12.6, traffic accident civil procedure
Traffic accident disputes occurred, caused personal injury or property loss of injured party, file a lawsuit compensation dispute the road traffic accident damage to the accident occurred or where the defendant court court procedures.
12.7, property preservation application procedures
In order to prevent the accident escape debt, concealment, transfer of property, in the civil lawsuit, lawyers shall assist the parties put forward the property preservation to the court.
The 12.8 stage of the proceedings, consult and copy files program
After the proceedings, the prosecution before cannot consult or copy the traffic police office archival material, can apply for a court to obtain or apply for investigation by the lawyer to obtain in the proceedings.
12.9, the evidence exchange and cross examination procedure
Civil litigation procedures.
12.10, grade of disability identification procedures
Personal injuries occur whether or not constitute a disability rating, the resulting victims for hospital medical meals or after discharge of nutrition and costs incurred, the calculation period must be directed to the adverse consequences of specific identified by the Department to make identification.
12.11, nutrition, nursing, rest period identification program (three.)
Adverse reactions occurred whether or not constitute a disability rating, the adverse reactions caused by the patient for hospital medical meals or after discharge of nutrition and costs incurred, the calculation period must be directed to the adverse consequences of specific identified by the Department to make identification.
13, treatment of traffic accident related traffic laws and regulations, technical standards, local regulations, including but not limited to:
13.1, "the Supreme People's Court on the trial of personal injury compensation case applicable legal interpretation"
The main legal basis for the present dispute cases of road traffic accident compensation for personal damage.
13.2, "the people's Republic of China Road Traffic Safety Law"
13.3, "the people's Republic of China Road Traffic Safety Law"
13.4, "traffic accident management procedures"
13.5, "motor vehicle traffic accident liability compulsory insurance Ordinance"
13.6, "injured in road traffic accident assessment of GB 186672002"
The degree of disability evaluation of road traffic accident injured personnel, principle, method and content of disability evaluation.
13.7 local laws, regulations
Normative documents dealing with local traffic accident disputes.