Recently, in the [non-contact traffic accident] hotly discussed on the Internet, there is a new statement on the responsibility of the Hefei traffic police:
1. Does the SUV have any violations?Everyone believes that there is no violation of the SUV, and the traffic management department believes that the SUV, as a motor vehicle, should first let the straight vehicle pass when turning. Specifically, in this accident, whether the SUV had direct contact with the motorcycle is not the main basis for determining the responsibility for the accident, but whether the SUV has a causal relationship with the accident and played a role. At that time, the SUV that was about to turn right did not let the motorcycle going straight pass first, and the motorcycle would have crashed directly into the SUV if it had not fallen on its own, which would have caused more damage. From this point of view, SUV owners are violated.
Clause. 2. If an accident occurs due to interference, avoidance or other dangerous behaviors, it is also necessary to bear the responsibility for the traffic accident. When driving on a motorized road, the driver has a duty of care. Specific to this accident, the SUV drove to the turn, and did not find the motorcycle going straight in time, and could not take avoidance measures, so the motorcycle was mainly responsible for this accident, and the SUV only bore it, as an important consideration in the traffic accident, the passive cause and effect in the causal relationship. So SUVs are only secondary responsibilities.
Clause. 3. In this kind of non-contact traffic accident, there is another important consideration, that is, the ability of both parties to the accident to avoid danger and the ability to control the risk of the accident. As a motor vehicle and a non-motor vehicle, the ability of motor vehicles to avoid danger and risk control is significantly better than that of non-motor vehicles. Therefore, the duty of care to be performed by motor vehicles is also heavier than that of non-motor vehicles.
Do the old drivers still remember the "Shanghai 18 Articles" that Shanghai once implemented?Whether it is a motor vehicle or a pedestrian, which party violates traffic rules and causes the accident, which party is fully responsible. If a non-motor vehicle or pedestrian is killed or injured in violation of traffic laws, the motor vehicle damage fee will also be compensated.
Since the implementation of the "Shanghai 18 Articles", the incidence of traffic accidents in Shanghai has plummeted, and even the traffic congestion during the morning and evening rush hours has been alleviated. But then more opposition followed, saying that the "Shanghai 18 Articles" were too inhumane, too cold-blooded, and did not take into account the disadvantaged groups at all. Eventually, under intense pressure, the Shanghai 18 was replaced by new traffic regulations that placed greater emphasis on caring for vulnerable groups.
As you can imagine, those who are accustomed to not obeying the traffic rules began to run to the streets to celebrate their victory, including some professional porcelain touchers. Because they know that even if they cause a traffic accident through their own fault, as a vulnerable group, they can still get compensation.
Under this artificial "care for the disadvantaged", the so-called weak party has become the strong party, allowing those who are not at fault to take responsibility for those who make mistakes, which not only promotes unhealthy trends in society, but also increases people's resentment.