In traditional traffic accidents, it is easy to understand which party is responsible, because there will be direct contact between vehicles or between vehicles and pedestrians. However, in a non-contact traffic accident, where there is no direct physical contact, the determination of liability is more complicated. But a no-contact traffic accident doesn't mean there's no liability. When driving on the road, it is the responsibility of every driver to ensure that their actions do not pose a threat to other road users. This means that even if the vehicle is not in direct contact, if the actions of one party cause damage to the other, then the responsibility should be borne by the actor. So, how to determine the responsibility for a non-contact traffic accident?
A traffic accident refers to an incident in which a vehicle causes personal or property damage due to fault or accident on the road. Whether it is a traffic accident is not a necessary condition for the two parties to the accident to have contact, and whether the two parties have contact is not a prerequisite for determining the fault of the parties. As long as there is a causal relationship between the conduct of the parties and the result of the damage and they are at fault, they shall bear the corresponding responsibility. For example, if a driver suddenly changes lanes while driving, and this action causes another vehicle to give way to an emergency avoidance or brake, the driver who changed lanes may still be held liable even if the two vehicles are not in direct contact. The traffic management department of the public security organ shall determine the responsibility of the parties according to the role played by the behavior of the parties involved in the traffic accident and the severity of the fault. The traffic management department of the public security organ will make a traffic accident identification certificate as evidence for handling the traffic accident in a timely manner according to the inquest, inspection, and investigation of the traffic accident scene and the relevant inspection and appraisal conclusions. The traffic management department of the public security organ needs to collect evidence at the scene to determine the responsibility of the accident, such as the video footage of traffic cameras and eyewitness testimony. This evidence can help the traffic police understand the circumstances at the time of the accident and thus determine which party is responsible. The traffic management department of the public security bureau will take into account the behavior of all parties at the time of the accident. For example, whether traffic rules have been violated, whether reasonable measures have been taken to avoid danger, etc.
Traffic accidents do not require vehicle contact as a necessary condition, nor is it a prerequisite for determining fault. Even if there is no direct contact, as long as there is a wrongdoing, the corresponding responsibility should be assumed. The traffic management department of the public security organ shall ascertain the basic facts and causes of the traffic accident and the responsibility of the parties for the consequences of the traffic accident according to the traffic accident scene inspection, inspection, investigation and the analysis and judgment of relevant inspection, appraisal and relevant evidence.