Division of motor vehicles and non motor vehicle traffic accident liability

 Liaoning Zhiben law firmChen Ning

[introduction] case

2007Years10Month13Day8When the30Divided, defendant Yang driving the accused Zou all cars along Lushun road from west to east to south ditch exercise, will be along Lushun road from east to West riding a bicycle so far left Korea a hit, named after the death died the next day. Local traffic police brigade responsibility Yang Lane speeding, Han Mou riding a bicycle across not push and turn not to direct traffic in advance, the two sides of this accident should bear equal responsibility. Later, Han Mou the spouse and children of the two was told the court, two defendants joint compensation for medical expenses, funeral expenses, transportation costs, delay costs, handling the funeral family accommodation, death compensation, mental solatium total224709.28Element in the80%.

The first instance court ascertained that the defendant Yang and the Han Mou on accident points per student is at fault, shall bear their respective responsibilities, in view of the South Korea is the driver of a non motor vehicle party, the liability for compensation according to the degree of fault can be appropriate to reduce the vehicle side, final court decision defendant Yang bear80Liability%, vehicle owners zoumou bear joint responsibility for compensation.

[comment]

(a) the main responsibility identification in traffic accidents and the subject of liability to pay compensation

Traffic accident responsibility is a violation of the traffic regulations, the responsible for the traffic accident, the concept of administrative law, the main responsibility shall be subject to administrative punishment according to law, including vehicle drivers, pedestrians, passengers and other road for traffic related activities of the staff. The main responsibility of compensation for traffic accident damage is in accordance with the law shall bear civil liability for the damage consequence of concept, belongs to the civil law, the two should not be confused. In some cases, the main responsibility for the accident and the liability subject is coincidence, the same, but in some cases, the main responsibility for the accident and the subject of compensation liability is not consistent, namely, to bear the liability for civil compensation, the occurrence of traffic accidents is not responsible. As in the case of vehicles owners zoumou was not the main responsibility for the accident, but it faces to assume liability to pay compensation.

(two) the relationship between responsibilities and Liability Division

Although the accident responsibility and Liability Division is not equal, as long as there is evidence to break the traffic police accident responsibility identification results, the court can not the determination result to assign responsibility for compensation, but in the judicial practice, the court in dealing with the motor vehicle between the road traffic accident damage compensate dispute, generally will not easily break accident responsibility identification results. But between motor vehicle and non motor vehicle and pedestrian traffic accident, the court will usually based on accident responsibility, reduce the non motor vehicle or pedestrian's responsibility, and aggravated damages liability of motor vehicle party, embodied humanistic care justice, added to a vehicle side or to pay more attention to strict obligation. For both the accident bear equal responsibility, the court generally will be the liability of motor vehicle party increased to 70% or 80%, Dalian area for more than 80%, non motor vehicles or pedestrians shall only bear secondary liability.

(three) all of the vehicle with the actual driver separation, how to divide responsibility for compensation

The vehicle owner and actual driver separation, such as borrowing, as long as the vehicle all people on the actual driving qualification to make reasonable review obligations -- usually have a driving license as the judgment standard, accident vehicles to use, even if the actual driver for the accident has fault, the owner of the vehicle without bear the responsibility for compensation. In this case, the plaintiff Yang and the Zou family relationship, Yang Mouyou driving, zoumou without any fault, so the court zoumou shall bear joint and several liability is wrong.

[method] link

"The people's Republic of China Road Traffic Safety Law" article seventy-sixth motor vehicle traffic accidents caused casualties, property loss, the insurance company in motor vehicle compulsory third party liability insurance liability limits the scope of compensation; lack of parts, in accordance with the following provisions shall bear the responsibility for compensation:

(a) the traffic accidents between motor vehicles, by the party at fault shall bear the responsibility for compensation; if both parties are at fault, in accordance with their respective proportion of fault responsibility.

(two) motor vehicle and non motor vehicle traffic accidents, pedestrians, non motor vehicle drivers, pedestrians have no fault, the motor vehicle shall bear the responsibility for compensation; there is evidence of non motor vehicle drivers, pedestrians have fault, appropriate to reduce the liability of motor vehicle party according to the degree of fault motor vehicle shall not at fault;, bear the responsibility of compensation does not exceed ten percent.

The losses of the traffic accident is a non motor vehicle drivers, pedestrians deliberately collision caused by motor vehicles, the motor vehicle shall not bear the liability of compensation.