Traffic hit-and-run refers to the behavior of the driver of the vehicle fleeing the scene of the accident without authorization at the same time as the traffic accident, so that the civil, criminal and administrative liability caused by the traffic accident cannot be determined, and its purpose is to shirk and escape responsibility.
1. Eight situations that are identified as traffic hit-and-runs
1. Knowing that a traffic accident has occurred, the parties involved in the traffic accident drive or abandon the car to flee the scene of the accident;
2. The parties involved in the traffic accident believe that they are not responsible for the accident and drive away from the scene of the accident;
3. The parties involved in the traffic accident are suspected of drunk and driving without a license, and do not perform the obligation to listen to the scene after reporting the case, and abandon the car and return after leaving the scene of the accident;
4. Although the parties involved in the traffic accident sent the injured to the hospital, they did not report the case and left the hospital without reason;
5. Although the parties involved in the traffic accident send the injured to the hospital, they leave a false name, false address, or false information for the injured person or their family members and leave the hospital;
6. The parties involved in the traffic accident have fled during the period of investigation;
7. The parties involved in the traffic accident leave the scene and do not admit that the traffic accident occurred, but there is evidence to prove that they should have known that the traffic accident occurred;
8. Where no agreement can be reached after negotiation or the compensation costs are obviously insufficient without negotiation, and the parties involved in the traffic accident have not left their true information, and there is evidence to prove that they forcibly left the scene.
2. Six situations that do not constitute a traffic hit-and-run
1. The parties to the traffic accident have no dispute about the facts of the accident, evacuate the scene to negotiate and settle it by themselves, reach an agreement, and leave their real names, **, and one party repents and reports the case;
2. In order to rescue the injured in a timely manner, the parties to the traffic accident drive away from the scene after indicating the location of the vehicle and the injured and report the case in a timely manner;
3. After the parties to the traffic accident send the injured to the hospital, they really need to leave the hospital temporarily to raise the medical expenses of the injured, and with the consent of the injured or the injured family, leave their true information and return within the agreed time;
4. The party involved in the traffic accident leaves the scene due to injuries and needs to go to the hospital for treatment, etc., and fails to report the case in a timely manner;
5. The party involved in the traffic accident drove away from the scene and there is evidence to prove that he did not know or could not discover that the accident occurred;
6. There is evidence to prove that the party involved in the traffic accident was forced to leave the scene of the traffic accident because he might have suffered personal injury and reported the case in a timely manner.
Relevant Laws:
Criminal Law of the People's Republic of China
Article 133[Traffic Accident Crime] Whoever violates traffic and transportation management regulations, resulting in a major accident, causing serious injury or death, or causing major losses to public or private property, is to be sentenced to up to three years imprisonment or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.
Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents
Article 1Where a major traffic accident occurs in violation of traffic and transportation regulations by personnel engaged in transportation or non-transportation personnel, on the basis of clarifying responsibility for the accident, where a crime is constituted, it is to be convicted and punished in accordance with article 133 of the Criminal Law.
Article 2In any of the following circumstances, a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention:
1) Where one person is killed or three or more persons are seriously injured, and the person bears full or primary responsibility for the accident;
2) Where three or more people are killed, they bear equal responsibility for the accident;
3) Causing direct damage to public property or other people's property, bearing full or primary responsibility for the accident, and being unable to compensate the amount of 300,000 yuan or more.
Where a traffic accident causes serious injury to one or more persons, and bears full or primary responsibility for the accident, and has any of the following circumstances, it is to be convicted and punished as the crime of causing a traffic accident:
1) Driving a motor vehicle after drinking or taking drugs;
2) Driving a motor vehicle without driving qualifications;
3) Knowingly driving a motor vehicle with incomplete safety devices or malfunctioning safety components;
4) Knowingly driving a motor vehicle that is unlicensed or has been scrapped;
5) Driving with serious overload;
6) Fleeing the scene of an accident in order to evade legal prosecution.
Article 3"Fleeing after a traffic accident" refers to the perpetrator's conduct in any of the circumstances provided for in the first paragraph of article 2 and items (1) through (5) of paragraph 2 of this interpretation, fleeing after a traffic accident in order to avoid legal prosecution.