Recently.
occurred in Hefei, Anhui Province.
A traffic accident
It has aroused attention and heated discussions on the Internet.
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According to the road surveillance footage, it is shown that
At around 1 p.m. on December 10, at a T-shaped intersection in Hefei City, a black SUV was slowing down and turning right.
At this time,An elderly man riding an electric car turned right from a black SUV and drove in the opposite direction, and then fell near the black SUV.
According to Ms. Chen, the mother of the SUV driver, she was a septuagenarian riding an electric car, and at the time of the accidentThe SUV her son was driving did not collide with the elderly or the electric car。After the accident, the son also took the initiative to get out of the car to help the old manUnexpectedly, the old man's family wanted her son to take responsibility and pay part of the cost of the operation.
In this regard, the staff of the traffic police department of the jurisdiction saidTraffic accidents do not necessarily require physical physical contact to occurThe specific case needs to be determined by the traffic police according to the specific situation.
Ms. Chen revealed that at present, the traffic police have determined that her son is secondarily responsible and must bear some responsibility.
network diagram) on this.
Many netizens expressed their incomprehension.
"Isn't it the old man who went retrograde first?”
"What is the basis for the decision?”
Lawyer: The law does not regulate traffic accidents.
It is limited to the scope of contact collisions.
Regarding this accident, Li Dingsheng, a lawyer at Zhejiang Westlake Law Firm, believes that the liability for traffic accidents needs to be determined in accordance with the law and in combination with the duty of care for safe driving of ordinary people. The Road Traffic Safety Law does not limit traffic accidents to contact collisionsTraffic accidents can also occur without contact or collision, and liability issues arise. In accordance with the above,The determination of liability for traffic accidents in China is based on the principle of fault, and no fault is the exception.
Combined with the traffic accident, the elderly were obviously at fault for violating the traffic rules. Therefore, when turning at an intersection without traffic lights, does the SUV car slow down and give way, observe the surroundings, and fulfill the duty of care for ordinary people's safe driving to ensure driving safety?This is the key to determining whether the SUV owner is at fault and whether he needs to bear the fault responsibility. Right or wrong, in addition to the accident, it also needs to be combined with the investigation of the traffic management department.
StillEven if the SUV owner is not at fault for the accident, it is still stipulated in Article 76 of the Road Traffic Safety Law, and shall also bear no more than 10% of the liability.
This is not the first case of its kind.
Elsewhere in the country.
There have also been uncontact traffic accidents.
October 28th.
G60 Shanghai-Kunming Expressway Jiaxing Section.
A small white car suddenly changed lanes to the right.
leads to its side behind it.
A lorry in the third lane gave way to an emergency.
Lose control of direction and roll over to the ground.
Fortunately, no one was injured.
Ultimately. The police identified the driver of the white car
Assume full responsibility for this accident
May 2019.
Master Sun of Tonglu, Hangzhou is driving.
Suddenly slam the steering wheel and turn right.
Aunt Yu riding a battery car on the side.
Brake avoidance is too late.
The car and the people fell to the ground heavily.
Resulting in facial fractures.
The traffic police believe that Master Sun violated the traffic law
The provision that "a turning motor vehicle should give way to a vehicle going straight".
It is one of the direct causes of accidents
The main responsibility for the consequences of the accident should be borne by the owner
Traffic police remind: In non-contact traffic accidents, occupying the road to overtake, failing to yield according to regulations, illegal parking, and indiscriminate use of high beams are the illegal behaviors that cause the highest accident rate. Once these become the main causes of accidents, regardless of whether the vehicle has a collision or not, you will be responsible for the corresponding accident.
*: Sunshine for a lifetime.