Traffic accidents in the application for review

Applicant.　　

The respondent:

                                  Review request

The request shall revoke Municipal Public Security Bureau Traffic Police Detachment of the "traffic accident", and to make the responsibility confirmation.

The facts and reasons

Thirteen forty on July 10, 2009, the respondent by driving a motorcycle, Huafu Road, traveling to the passenger transportation taxi company second team before the door, ready to enter the road on the north side of a road in the left will also from the North East and turn left, and drove in the applicant at the front of the motorcycle front has been more than the victim because of the victim and the vehicle to vehicle distance. Quick situation, will be the victim of the collision, the rear view mirror into the right arm and armpit of the victim, the victim from the bicycle to fall the action of external force, a major road traffic accident death due to traumatic brain injury. In July 20, 2009 your Bureau police detachment to responsibility cognizance, motor vehicle driver and the both sides bear equal responsibility.

One, the applicant that: the liability cognizance of facts are not clear, the facts seriously untrue.

1, the traffic accident facts are not clear, serious omission of a party.

The traffic police in the investigation of traffic accident scene, should be comprehensive, timely collect relevant evidence and investigation on the spot, should first of all the basic facts first survey of traffic accident parties and traffic accidents. But that the traffic accident that omission of a party, the time of the accident, the accident vehicle accident parties not the respondent a person, but also the copilot  In the passenger seat (at the time of the accident, there are on the side of the vendors    Witness, witness Zheng Yan). As one of the parties directly when the accident occurred, has a significant impact on the determination of the accidents of objective facts, fault, the accident was just not, resulting in the wrong state the accident victim Fu Guangyong Xu Shunxu and only two people. The applicant believes that, as the emergency treatment of traffic police should be based on objective facts, serious and objective determination of accident, but not recklessness, rush to the victim for the accident and lost life so not based on objective facts attitude.

2, the respondent by driving a vehicle also is from east to South Bend, responsibility for the accident to avoid Xu Shunxu, contrary to the objective facts in spite of the truth and fuzzy identification for from east to West road.

The applicant and the victims of the same as the town village, two village not far from home when the accident occurred, to West Road on the north side of the intersection, are the only way which must be passed by both home, the respondent is home, the accident occurred when the vehicle is in the corner and hit the victim.For the first time is always admits he is left home. To avoid that the primary responsibility for the accident and may incur penalties, the accident will appear "Book vehicles traveling from east to west" do not know it is straight or left not speak in detail description.

Program two, accident is illegal.

1, when the accident occurred 8 hours after the blood test vehicle drivers (see physical and chemical inspection report), the accident is thirteen forty on July 10th, after the accident, the traffic police did not then or subsequently were detected, but at twenty-one ten line extraction, lasted nearly 8 hours. As everyone knows, the usual life common sense, it is thirteen forty afternoon meal time, can not be ruled out by the applicant driving after drinking, and deal with the accident in 8 hours after blood test, will lead to applicant by attenuation of blood alcohol content can not be accurately identified driving blood alcohol content, which can not accurately judge the respondent Xu Shunxu the reason of fault liability and accident force.

2, based on the "traffic accident handling procedures", the parties and their agent receives traffic accident book, evidence may consult, copy, the traffic control department of the public security organ for handling traffic accidents. The traffic control department of the public security organ shall be affixed with dedicated seal to deal with traffic accidents traffic control department of the public security organ of the copied material. But in this accident, the applicant for the identification of refuses to accept, to be the applicant is turning, speed too fast, not avoid priority at the applicant and objection material requirements, inspection and clearance was rejected, the applicant may lead over the identification of doubt.

Three, the road traffic accident responsibility clearly taking the driver of the vehicle, it is because the vehicle driving violations of road traffic safety is the causes of the major traffic accidents.

1, China's "traffic accident procedures" clearly defined, the traffic accident because of two or more than two parties fault, according to the seriousness of the behavior of the accident and fault, respectively bear the main responsibility, equal liability and secondary liability; traffic accident report shall contain the following contents: basic situation of traffic accident parties, vehicle, road and traffic environment; the basic facts of traffic accident; traffic accident evidence and analysis of the cause of formation; the cause traffic accident fault and liability or the cause of the accident. How the accident for the perpetrators of the turning speed, is not to maintain a reasonable speed, whether or not to keep a safe distance, and there is no to brake, the accident is not to evade the crucial point of the involved. The applicant believes that Xu Shunxu, in this case, if the safety car speed to keep appropriate distance, whether to take the brake on the accident caused serious consequences have causal relationship and complete. The accident victim in the elderly is nearly 60 years old, riding a bicycle and is ready to turn in the home, which is based on the back without vehicles, before turning. First, a more than 60 year old man riding speed is not fast, but also after the reasonable pay attention to safety just round the corner, but also in turn also clear the victim has begun to turn it from the back into the in front of the elderly. The victims in this accident, is a safe zone can be controlled in a bicycle through the road, is the respondent has seen the victim in the home and hit the victim in the back and turn the. Is mainly caused by the occurrence of the accident reason. If the respondent to take the safe speed and braking, the accident could have been avoided completely, totally not happen.

China's "road traffic safety law" the forty-second stipulation: motor vehicle on the road, in the absence of signs of speed limit section, should maintain a safe speed. This accident, no traffic lights, in the north side of the road traffic signs, traffic line markings and a crossing situation, and the respondent home only when crossing, pedestrians in the riding situation and the front, the respondent Xu Shunxu actually completely violates the road traffic safety law through no traffic signal lights, traffic signs, traffic line markings or intersections traffic police command, should slow down, and let the provisions of passage of pedestrians and traffic priority, which led to this tragedy. Therefore, the respondent in driving through the intersection, not only failed to "maintain a safe speed", "slow down", "let the pedestrians, priority people first", the priority in the former victims life in MA BI ", but continue to not decelerate not turning driving distance, the respondent behavior of a serious violation of the" road traffic safety law "and" the people's Republic of China Road Traffic Safety Law ", is a serious offence, all legal responsibility accident.

2,

To sum up, the "Regulations" ninety-first to implement the provisions of the people's Republic of China Road Traffic Safety Law of the traffic accident responsibility principle is "the traffic administrative department of the public security organ shall, according to the traffic accident of the acts of the parties to a traffic accident as well as the role of the severity of the fault, determine the responsibility of the parties". The applicant believes that the accident fault is the respondent did not take the safe speed and the most basic duty of care in the vehicle when turning, and the impact to the applicant, is a serious fault, and the applicant in the accident to maintain a reasonable distance, where the respondent from the back suddenly after the impact, the applicant has no fault, shall not be considered as the main responsibility. This is despite the fact that the accident. Staff at the scene of the accident and the accident appraisal principal how few people, even omission of a party, it is completely unclear in fact finding. Let alone the objective and fair to make decision? The applicant requests the public security organ at a higher level the spirit of seeking truth from facts, in accordance with the law enforcement idea of justice, revoked x road traffic accident report, the accident to take responsibility. To enforce the law

Yours sincerely

Municipal Public Security Bureau Traffic Police Detachment

Applicant.

Two 00 nine years monthDay

Supporting evidence: