Article 1In order to correctly determine the road traffic accident responsibility, safeguard the legitimate rights and interests of the parties, according to "the people's Republic of China Road Traffic Safety Law", "the people's Republic of China Road Traffic Safety Law", "Regulations for the implementation of the Ministry of public security traffic accident management procedures" and other relevant laws, regulations, rules, combined with the actual situation of the highway, rules.

Article secondWhere in the highway traffic police regional road traffic accident, the traffic control department of the public security organ responsible for accidents that parties may refer to the rules.

Article thirdThe traffic control department of the public security organ shall, in the field survey, investigation and evidence collection basis, according to the role in the identification of traffic accident facts and the fault behavior, fault behavior that contributed to the traffic accident, to determine the responsibility of the parties.

Article fourthTraffic accidents caused by the fault of one of the parties, determined to full responsibility.

Article fifthThe parties involved in the accident because the fault behavior and road traffic accident, the parties according to the fault behavior of the accident, the parties that take all, mainly, the same, secondary liability or no liability.

One party because of fault behavior hinder each other driving safety and accident risk, lead to each other not to take measures to avoid and the occurrence of traffic accidents in danger should be found within a distance, the implementation of fault behavior cause all responsibility for the accident of dangerous state parties, other non responsibility;

Have to take measures to avoid the risk should be found in the distance, but because the fault behavior has impact on the measures to avoid and aggravated the consequences of the accident, the parties should bear the primary responsibility to implement fault behavior, negative secondary responsibility accident the other party.

May take avoidance measures to avoid the accident cases, although have already taken measures to avoid, but due to the existence of fault behavior to avoid the accident, equally responsible parties negative accident.

To take measures to avoid should avoid accidents, because the fault behavior does not have to take measures to avoid or fails to take timely measures to avoid, accident, the main responsibility shall be borne by the other party negative accident, fault block your safe driving caused the accident hazard occurs when something negative accident responsibility.

Article SixthThe parties also have more than two kinds of fault behavior, fault behavior has causal relationship with the parties to determine the liability basis as. But other fault behavior should be clearly stated in the traffic accident report and in accordance with the relevant laws of the punishment.

Article seventhAccording to accident form highway both sides above: rear end collision, side collision, collision, vehicle stationary vehicle pedestrian to scratch, scratch, tire, escape or change the scene, to scratch, highway management flaws of the accident, to scratch and other ten kinds of forms of accidents, to list the way, traffic accident responsibility.

Article eighthRear end accident

8.1The same lane vehicle, due to keep a safe distance from violating the provisions after the car and the car in front of the rear end accident, all the responsibility after the car accident vehicle before negative, no responsibility.

8.2The driver of a car counterparts before the violation of change lane, vehicle lights use regulations and violate the provisions in the dangerous highway minimum speed, distance, after the car driver to take measures to avoid should avoid accidents, after the car driver for violation of the provisions of driver, don't take measures or take timely measures, after the car the main responsibility the driver for the accident, a secondary responsibility person negative accident before the car driving.

Have to take measures to avoid, avoid accidents, but because, in violation of provisions prescribed maximum speed of vehicle safety regulations, vehicle, rear end accident, both drivers equally responsible person negative accident.

Have to take measures to avoid, for violation of provisions, the maximum speed of vehicles loaded with provisions, the provisions of vehicle safety performance accident aggravated consequence, main responsibility person negative before the accident the driver of the car, after the car accident drivers negative secondary responsibility.

Too late to take measures and the occurrence of rear end accident, all the responsibility of negative accident before driving, the driver of a car without responsibility after.

Article ninthSide blow against accident

9.1 before the car driver contravened the provisions of lane change, in the dangerous distance, after the car driver to take measures, in the driveway lateral scraping collision accident, take full responsibility before the car, after the car without responsibility.

After the car driver has taken measures to avoid, for violation of provisions of the highest speed, vehicle load, the provisions of the regulations of vehicle safety performance, lateral blow against accident, the main responsibility for the negative before the accident car driving, after the car accident drivers negative secondary responsibility.

To take measures to avoid possible accidents, after the car driver has taken measures for violation of provisions, maximum speed, vehicle loading, the provisions of the regulations of vehicle safety performance, lateral blow against accidents, both drivers equally responsible person negative accident.

To take measures to avoid should avoid accidents, after the car driver for violation of the provisions of driver, don't take measures or take timely measures, after the car driver should take main responsibility accident, secondary responsibility person negative accident before the car driving.

9.2 before the car driver to violate the backing, retrograde, turn around, side collision occurs, before the car full responsibility drivers.

To take measures to avoid possible accidents, after the car due to violation of the highest speed, vehicle load, the provisions of the regulations of vehicle safety performance requirements, the driver shall, while failing to take measures to avoid or to take measures to avoid is not timely, the main responsibility for the negative before the accident car driving, after the car accident drivers negative secondary responsibility.

Article tenthHit a vehicle accident

Motor vehicle in violation of the provisions of 10.1 Park, in the dangerous distance, after the car driver to take measures, all the responsibility park vehicle negative accident, after the car without responsibility.

After the car driver has taken measures to avoid, for violation of provisions of the highest speed, vehicle load, the provisions of the regulations of vehicle safety performance of accidents, the main responsibility for the negative before the accident car driving, after the car accident drivers negative secondary responsibility.

To take measures to avoid possible accidents, after the car driver has taken measures to avoid, for violation of provisions of the highest speed, vehicle load, the provisions of the regulations of vehicle safety performance, impact park vehicles, equal responsibility for both negative accident.

To take measures to avoid should avoid accidents, after the car driver for violation of the provisions of driver, don't take measures or take timely measures, collision park vehicles, after the car accident of the main responsibility of negative secondary responsibility, park vehicles negative accident.

10.2 before the car road traffic accident, the accident vehicles do not have the ability to set up warning signs, was later vehicle collision accidents, then the vehicle driver negative accident responsibility, park vehicles without responsibility.

Park the vehicle 10.3 failure can not move already open light warning, no time to set up warning signs, was later vehicle impact accident vehicle, then take full responsibility for the driver.

10.4 the road ahead is blocked, vehicle waiting in line, after the car hit the park the vehicle waiting in line, after the car accident responsibility negative. Waiting in the queue tail car not open lights warning, a secondary responsibility tail car negative accident.       

Article eleventhMotor vehicle accident on the way people scratch

11.1 legal enters the highway within the staff, in violation of traffic regulations, the vehicle driver has to take measures to avoid or to make measures to avoid, by entering the highway staff should take full responsibility for the accident, the vehicle without responsibility.

The driver of the vehicle to take measures to avoid accidents, the requirements for the vehicle driver to violate the provisions or vehicle speed violation of safety technical performance requirements, driver's accident, by entering the highway staff should take the main responsibility for the accident, accident vehicles driving people negative secondary responsibility.

To take measures to avoid possible to avoid accidents, the requirements for the driver to violate the motor vehicle driver, failing to take measures to avoid or to take measures to avoid not timely, equal responsibility for both negative accident.

11.2 vehicle malfunction is difficult to move, the passengers get off by driving instruction or acquiescence of maintenance and check the vehicle accident, accident liability borne by the driver.

11.3 enter the highway within the staff, the accident occurred in the emergency lane, by entering the emergency Lane vehicle drivers take full responsibility for the accident, to enter the highway staff without responsibility.

Article twelfth the impact of pedestrian

12.1 pedestrians in violation of the provisions into the highway, the vehicle driver has to take measures to avoid or to make measures to avoid, by all responsibility for the pedestrian negative accident, vehicle without responsibility.

The driver of the vehicle to take measures to avoid accidents, the vehicle driver to violate the speed regulation or violate the provisions technical performance of vehicle safety, accident by a negative accident of the main responsibility, a secondary responsibility negative accident vehicle.

To take measures to avoid should be able to avoid the occurrence of accidents, the driver to violate the provisions of motor vehicle drivers, failing to take measures to avoid or to take measures to avoid not timely, equal responsibility for both negative accident.

12.2 walking in the emergency lane, the driver of a vehicle accident due to violation of the provisions of motor vehicle drivers and vehicle safety technology, the main responsibility of the vehicle driver negative accident, pedestrian accidents negative secondary liability.

Article thirteenth  The same to scratch accident

13.1A motor vehicle in violation of the provisions as to overtake, scratch accident, all the responsibility of negative accident overtaking driving, before the car without responsibility.

13.2Vehicle riding, roll on the lane dividing line or a motor vehicle in violation of the provisions to keep loading, not transverse spacing or in the space beyond the lane the same happened to scratch accident beyond the vehicle, by all the responsibility on, roll on the lane dividing line or in violation of the provisions of the vehicle load the negative accident.

Article fourteenth Blowout accident

14.1 by the qualification appraisal department, burst of product quality issues, the accident drivers have no ability to make the disposal of,, does not belong to the road traffic accident.

The 14.2 burst due to drivers improper operation, change lanes, after the car driver to make measures to avoid, all liability accident, after the car driver without responsibility.

14.3 the driver of the vehicle due to violation of the provisions of the highest speed, vehicle load, the provisions of the regulations of vehicle safety performance, burst, change lanes, driving people to car to make measures to avoid accidents, full responsibility for tire vehicle drivers negative accident, after the car driver without responsibility.

Article fifteenthThe escape or moving the scene of an accident

15.1 knows the accident in order to avoid the punishment escape, vandalism, falsifies the scene, destroy evidence, escape take full responsibility for the party.

15.2 in no accident case, driving away from the traffic management departments at the loss of evidence, the public security organs, unable to verify the road traffic accident facts by change the scene take full responsibility for the party.

There is evidence that at the site of the parties are at fault, can reduce the fluctuation field party liability; no evidence at the scene of the parties are at fault, no responsibility to determine the.

15.3 from the agreement to change the scene, after the controversial incident, there is agreement that accident liability in accordance with the agreement. There is no agreement, unable to verify the road traffic accident facts, by equal responsibility for both negative accident.

15.4 after the accident, a party to the other reason for changing the scene of the accident, loss of evidence, the traffic control department of the public security organ can not verify the road traffic accident facts by change the scene take full responsibility for the party on the spot; there is evidence to prove that the parties are at fault, reduce the variable field the responsibility of the parties.

Article sixteenthTo scrape the collision accident

16.1 high-speed road repair during the single road to scratch, to draw a two motor Lane dividing line, run according to the road traffic marking lane; to draw on more than three motor lane line, according to the signs of road construction department and isolation facilities in violation of traffic, road marking into each other road vehicles, negative accident responsibility.

The driver to take measures to avoid the accident vehicle, the vehicle driver to violate the speed regulation or violate the provisions technical performance of vehicle safety regulations, driver, do not take steps, or not to take timely measures to avoid, into the main responsibility to the lane drivers negative secondary responsibility for the accident, the driver negative the accident.

Article seventeenthDefective accidents in road management

Whoever violates the road traffic conditions and construction operation regulations caused the accident, traffic management department can be on both sides of the request, in accordance with the road traffic accident sixth rules define responsibility, given the mediation. If the mediation fails, the facts under accident, told to civil litigation to the people's court

Article eighteenth  The car driver interference caused by driving the vehicle out of control accident, by car negative accident responsibility.

Article nineteenth The passengers inside motor-driven driveway open the doors or throw articles accident, all passengers negative accident responsibility.

Article twentieth The driving load of vehicle in the spill, drifting in the process, causing traffic accidents. By all parties negative accident responsibility.

Article twenty-first of the traffic accident unable to verify the facts, the traffic control department of the public security organ does not determine the responsibility. The production of traffic accident, traffic accident, only indicate the occurrence time, location, the investigation and fact, respectively, by the parties.

Twenty-second in case of fault behavior of this rule is not included in the traffic accident, the parties to determine the liability according to the provisions of rule sixth.

 Note appended.

The measures of avoiding the danger: that distance, to fulfill the laws and regulations to ensure the safety of compulsory measures.

The dangerous distance shall be found: in the laws and regulations on safety driving requirements and the safety of drivers driving ability as the basis. Confirm the dangerous state of existence the distance to the general attention and cognitive ability, as shall be found dangerous distance, otherwise regarded as should not found.

One party has fault, the behavior of the other side of the traffic safety, this basic is the use of reasonable avoidance principle.

A party shall be hindered in that dangerous distance, to the laws and regulations on safe driving vehicle requirements and the safety of drivers driving ability as the basis, to take measures to avoid. In the high-speed road shall take emergency brake, change lanes without prejudice to the normal traffic third party situations. The influence of cognitive situation, the weather conditions at the time of the accident, the road alignment, motion object by cognitive and cognitive object identification etc..

In the highway, a vehicle for preventing the other vehicle driving safety accidents caused by dangerous state fault behavior types; type fault behavior exist at the time of the accident avoidance.

Hope you valuable advice to modify the rules suggested. The above is only personal views on the accident responsibility, do not belong to the standard range, accident treatment is not identified as the basis, to quote.For personal study, collected data using! Other uses are not responsible for!