The basic situation, traffic accident

   One day, at ten fifty, Qing, Wang driving brake does not meet the technical standards of the mini bus along the provincial highway 135 line from north to South Road, drove to 143km+ 500m, due to take emergency measures ineffective, in motor vehicles on the west side of the road, and ride a bike from east to West across the road sun collided, causing the wounded Sohn after the hospital rescue invalid death.

   Two, the main evidence

   1, ask/The interrogation record

   Mini bus driver surnamed Wang said: I pulled a guest at the half on the road, while driving along the provincial highway 135 line from north to South Road, arrived at the accident site before, I found the front an old man riding a bicycle, from east to west to the road center position, I press a horn on the brakes, the other no response but accelerated to the West riding, I continue to step on the brake, the car and bicycle collision.

   The car sun said: I stopped running a taxi minibus in the village of West Port to the market, a vehicle passing bridge...... I turned right, I just turn back, I found a bike in front, the old man riding a bicycle from east to northwest oblique traveling, then I take the car and bike collided.

   2Inspection and appraisal conclusion, extract

   Vehicle inspection report: by checking, braking system of micro ordinary passenger cars do not meet the technical standards.

   Three, the facts of the accident

   In the case of investigation and evidence collection, the determination of facts, accident investigators make better has: one is the figure, scene photos that collision of motor vehicles and bicycles location using field; two is the vehicle technical performance of the motor vehicle inspection, identify the vehicle braking performance not qualified; three timely for vehicle passengers as a witness, witness testimony that made, Sun Mou riding a bicycle from east to west across the road; four timely to the driver asked, finds its carelessness, mistake in judgment, the emergency danger avoiding measures ineffective.

   Lack of respect: one is not on the motor speed identification; two is not on the motor vehicle and bicycle body traces for comparison, to determine the relation of the two vehicles at the time of the accident; three is no other witnesses looking around the scene of the accident; four is not the forensic examination of the dead body, analysis scar the dead, to identify the bike lane crossing.

    Four, identifying the causes of accidents

  (a) the causes and law basis

   Wang, driving motor vehicle braking performance does not meet the technical standards of driving negligence, in violation of "the people's Republic of China Road Traffic Safety Law" twenty-first article twenty-second, the provisions of the first paragraph. Sohn driving bicycle across the lane did not get off the implementation, not through to confirm the safety, violating the "Regulations" the first paragraph of article seventieth of the implementation of the provisions of the people's Republic of China road traffic safety law.

  (two) fault behavior and the main evidence

   If Wang Mou drives the motor vehicle braking performance is good and can find the bike ahead of time, then the accidents can be avoided, so the existence of a causal relationship between the occurrence of Wang's fault behavior and the accident, is one of the causes of the accident. If the sun cross the road to get off the implementation, and after making sure that it is safe, then the accident can be avoided, so the existence of a causal relationship between the occurrence of sun fault behavior and the accident, is one of the causes of the accident.

     Five, accident responsibility

    According to the "Regulations" and "the ninety-first road traffic accident treatment procedures" provisions of article forty-sixth of the implementation of the people's Republic of China Road Traffic Safety Law, that equal responsibility Wang, Sun Mou for the accident.

    Six, accident analysis

   In this case the responsibility to firmly grasp the two key links are identified and analyzed: one is sun riding a bicycle across the road, whether it is in the vehicle when approaching? The two is whether Wang driving motor vehicle meets the bike across the road to avoid collision? Accurate identification and analysis of the two problems, make the right responsibility is not difficult.

    According to the available evidence, mini bus Wang driving brake system does not meet the technical standards for safety in the case of micro bus drivers, driving in the sun a bike across the road. According to Wang said: I found the front an old man riding a bicycle, from east to west to the road center position, I press a horn on the brakes, the other no response but accelerated the West Riding; I continue to step on the brake, the car and bicycle collision. It can be inferred from the Wang's statement, Wang found that sun sometime, Sun Mou riding a bicycle has been traveling to "center", which also experienced "horn a touch on the brakes", see "no response" and "continue to step on the brake". A motor vehicle driving experience people should know, the horn is usually used for non emergency remind, if there is urgent suddenly, the first reaction is to step on the brake or a direction, there is no time on the horn. It can be confirmed, Sun Mou riding a bicycle across the road is not in the vehicle when approaching a crossing, the reason is not off the fault behavior implementation is not the cause of traffic accident can not be avoided. The fundamental cause of the accident is vehicle braking Wang driving is not in conformity with the technical standards for safety, dangerous condition measures properly, not only on the brakes are used, and the brake is not good, eventually led to the occurrence of traffic accident. According to the theory of risk avoidance, Wang driving brake does not comply with the safety technical standards for vehicles, in case of improper measures are taken, the ability to hedge loss behavior. The ability to hedge loss behavior for the accident is not should avoid avoid, play a major role above; sun riding a bicycle across the road did not get off the implementation, if the vehicle is approaching to cross the road should be a burst of active, passive behavior in non adjacent state across the road should be stability. The passive behavior in traffic accident plays a secondary role or not to play. So it can be confirmed, Wang Mou the negative accident responsibility, Sun Mou negative secondary responsibility.

    Seven, the enlightenment

   In this case the original work units that Wang, Sun Mou each bear coequal responsibility. The reason is that, the cognizance of this case responsibility, just list the illegal acts of the parties, no causal relationship between the illegal act of the party and the effect size specific analysis and traffic accidents, this is guilty of responsibility in the taboo. Traffic accident causality is the responsibility of the soul, from the causal relationship, responsibility must be lost. Causality is abstract, but as long as the top formation process of traffic accident, traffic accident causality is clearly visible. The traffic accident formation process, in fact is the process of client behavior in the traffic accident, this process is represented by the acts of the parties. Risk avoidance theory reveals the "form of the decision action law", it is to solve the problem of causality in the abstract, which makes the traffic accident responsibility not seem too profound to be understood, not only the investigators are easy to learn, easy to understand and accept the.