In practice many people have misunderstandings, namely traffic accidents are between motor vehicle and motor vehicle, or in between motor vehicles and non motor vehicles, but many people usually neglect another situation, namely non between motor vehicles and non motor vehicle traffic accidents, because according to the provisions of the road traffic safety law, 119th second for "vehicle" definition, refers to "non motor vehicles and motor vehicle traffic accident", but as long as the road, vehicle, where a party has fault and caused damage elements, which can constitute a traffic accident.
Based on the above it, as happened in between and non motor vehicles of non motor vehicle road traffic accident, apply the law on road traffic safety and accident liability cannot be identified as well as the relevant provisions of the general principles of the civil law,First of all, if either party can exist proof the other party at fault, you can reduce your liability, if further proof each other intentionally causing traffic accidents, they can not bear the responsibility.As both sides cannot prove that the other party has fault, then the same, should also be in accordance with the fair responsibility, sharing of liability.
combining the above method, the modified in the road traffic authorities traffic, public security issued by the accident responsibility book, already from the original specific administrative behavior into a piece of evidence, but as long as the relevant evidence to prove that the other party has fault behavior, can reduce their.Therefore, in the traffic accident compensation process, not only the traffic accident responsibility confirmation can be used as the final compensation responsibility cognizance standard.
so in these circumstances the book cannot be determined traffic that the responsibility for the accident, the traffic management department for public security organs to accept, whether can remedy? If relief, then how to remedy? For the traffic accident responsibility confirmation is not, can relief, according to the "traffic accident treatment work norms" sixty-second the authorities at all levels of public security, traffic management department experts "accidents shall be established by a traffic accident processing senior qualified traffic police traffic team, responsible for the traffic accident audit, review.Traffic management departments of public security organ at a higher level to the undertaker of traffic accident identification work carried out supervision and inspection, inspection or the masses complaints after review found that "traffic accident" erroneous, shall make a decision to revoke the "traffic accident" decision, the contractor units make traffic accident shall be within the prescribed time limit, confirmation ", thus,In making the traffic accidents, the parties dissatisfied, can put forward to check to the traffic management departments of public security organ at a higher level, if verified, the existence of errors, to make the accident report.
Of course, in fact, in practice, rarely traffic management departments of public security organ at a higher level of cancellation of traffic accident.Therefore, the parties also a remedy that is through to the court proceedings, in the course of legal proceedings, the evidence, proof, overthrow in the status of traffic accident responsibility confirmation.