Motor vehicles and pedestrians and traffic accident violation behavior, how to identify accident responsibility?
Created:
/Author:
Aaron Lewis
"Road traffic safety law" provisions of article seventy-sixth, 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 fault degree; the motor vehicle shall not at fault, assume liability to pay compensation does not exceed ten percent.According to this provision, in the motor vehicle and non motor vehicle, pedestrian traffic accidents, liability principle is the implementation of strict liability, namely whether the motor vehicle shall have no fault, as long as there is no evidence of non motor vehicle drivers, pedestrians violating traffic regulations, motor vehicle drivers should bear full responsibility.In the application of strict liability situations, the motor vehicle shall bear all the responsibility is the principle, reduced or exempted from liability is the exception.If the motor vehicle party want to implement the responsibility to waive or reduce, can have the following two ways: first, there is evidence that the traffic accident and the damage caused by non motor vehicle drivers, pedestrians, is caused by the intentional.Second, to prove that the non motor vehicle drivers, pedestrians violating traffic rules, the existence of the fault.In the first case, the motor vehicle shall not bear the responsibility for compensation; in the second case, to reduce motor vehicle liability side.According to the parties concerned on the accident loss because of the size of the force to specifically determine the magnitude of diminished responsibility.