In order to avoid the traffic accident, how should bear the responsibility?
Created:
/Author:
Aaron Lewis
In order to avoid the traffic accident, how should bear the responsibility?
[Law] shall answer whether the person in charge, the key issue is clearly the emergency system, the so-called emergency refers to the public interest, the person himself or herself or others and other rights against the risk is not to harm the interests of another kind.The emergency caused by the loss of not greater than to save interest, traffic accident emergency general performance damage caused by traffic accident in third, such as bicycle suddenly turned, pedestrian suddenly crossing the road, the driver drove round to avoid in order to avoid collision with the rider or behavior, thus entering the retrograde tract or non motorized Road, causing or deaths and loss of vehicles.
Due to the compensation liability necessity caused the damage, "the general principles of the civil law" provisions of article 129th, if the emergency caused the damage, by the person causing the occurrence of danger shall bear civil liability.If the danger is caused by nature, the person who took the emergency shall not bear civil liability or bear civil liability to an appropriate extent.If the emergency measures taken are improper or exceed the limits of necessity, causing unnecessary damage, the person who took the emergency appropriate civil liability shall be assumed.