High score for handling {traffic accidents}

The definition of "traffic accident" in the Road Traffic Safety Law of the People's Republic of China is: an event that causes personal injury or property loss due to the fault or accident of a vehicle on the road. Among them, "road" refers to expressway, urban roads and places where social motor vehicles are allowed to pass, including squares, public parking lots and other places for the public to pass. Accidents caused by vehicles passing outside roads shall be handled with reference to the Road Traffic Safety Law of the People's Republic of China.

In other words, as long as it is related to vehicles on the road and causes damage consequences, it belongs to a traffic accident. However, vehicle crimes or accidents caused by the subjective intention of the parties do not belong to the crime of causing traffic accidents. For example, a case where a vehicle kills a person or "touches porcelain" is not a traffic accident, but a criminal case or other public security case.

2. In Beijing, which department should be responsible for handling traffic accidents?

The Road Traffic Safety Law of the People's Republic of China stipulates that the traffic administrative department of the public security organ is responsible for handling traffic accidents within its jurisdiction.

The specific situation in Beijing is that the 1 1 traffic detachment under the Public Security Traffic Management Bureau of Beijing Public Security Bureau is responsible for handling traffic accidents within its jurisdiction. Nine districts and counties, including Shunyi, Pinggu, Huairou, Miyun, Yanqing, Mentougou, Daxing, Airport and Yizhuang Development Zone, are under the responsibility of the traffic (patrol) teams under the public security bureaus of each district (county). Specific handling matters shall be handled by the Accident Section of Traffic (Patrol) Section (Large) Team or the Accident Group of Duty Team.

3. What should traffic participants do in the first step after a traffic accident?

Paragraph 1 of Article 70 of the Road Traffic Safety Law of the People's Republic of China stipulates: In case of a traffic accident on the road, the driver of the vehicle shall stop immediately to protect the scene.

In other words, in the event of a traffic accident, regardless of the loss, the driver must first stop to protect the scene. Then determine what to do next according to the size of the loss.

4. What about the traffic accident that didn't cause personal injury or death?

The second and third paragraphs of Article 70 of the Road Traffic Safety Law of the People's Republic of China stipulate that if a traffic accident occurs on the road and no personal injury or death is caused, the parties concerned may immediately evacuate the scene, resume traffic and negotiate for damages; If it is impossible to leave the scene immediately, it shall promptly report to the traffic police on duty or the traffic management department of the public security organ.

If there is a traffic accident on the road, which only causes minor property losses and the basic facts are clear, the parties concerned should evacuate the scene first and then negotiate.

According to the spirit of the relevant provisions of the Road Traffic Safety Law of the People's Republic of China, the Beijing Municipal Public Security Bureau has formulated the Notice on Handling Traffic Accidents Quickly. Article 2 of the Circular stipulates: "The rapid handling of traffic accidents mentioned in this Circular refers to traffic accidents that are handled by the traffic police according to law or negotiated by the parties themselves within the scope of roads in this Municipality. Traffic accidents that only cause car damage or slight personal injury can be handled by the traffic police according to summary procedures. If a traffic accident between motor vehicles only causes the loss of vehicles and the vehicles can still run, the parties can negotiate and handle it by themselves, but the cases of Item 34 (non-driver), Item 35 (drunkenness) and Item 36 (unilateral accident) of Article 8 of this Notice are not applicable to self-negotiation. "

5. What about traffic accidents that cause personal injury or death?

Paragraph 1 of Article 70 of the Road Traffic Safety Law of the People's Republic of China stipulates that if personal injury or death is caused, the driver of the vehicle shall immediately rescue the injured person and report to the traffic police on duty or the traffic management department of the public security organ in time. If the scene is changed due to the rescue of the injured, the location shall be indicated. Passengers, drivers of passing vehicles and passers-by shall give assistance.

That is to say, if the driver is injured or killed in a traffic accident, he must call the police (call the alarm number 122 and the emergency number120,999) to protect the scene. If the accident site is really remote or the telephone alarm cannot be found, the injured must be treated immediately, and no other vehicle can be found to assist in transportation. The parties concerned may take the injured to the hospital for treatment by accident vehicles, but before moving the scene, the location of the vehicle and the person who fell to the ground after moving the scene must be marked. The parties may make obvious marks on the ground with stones, bricks, white ashes and other items.

Six, after the escape accident, the scene of the accident witnesses and other insiders should do?

Article 71 of the Road Traffic Safety Law of the People's Republic of China stipulates that if a vehicle escapes after a traffic accident, witnesses and other insiders at the scene of the accident shall report to the traffic management department of the public security organ or the traffic police. If the report is true, the traffic administrative department of the public security organ shall reward it.

The Beijing Municipal Traffic Management Bureau stipulates that if the report is true, in addition to giving economic rewards, drivers in this city can also clear the points accumulated by their violations. Last year, a serious traffic accident occurred on Beijing-Shenyang Expressway, and the driver abandoned his car and ran away. The next morning, he got into a taxi. During the conversation, the taxi driver told him that he was in a hit-and-run state, dissuaded him and drove the vehicle to the traffic team to report the case. The taxi driver won a bonus of 20,000 yuan and cleared the points accumulated by his violation.

Seven, after the traffic accident, what measures should be taken at the scene to protect their own safety?

Article 52 of the Road Traffic Safety Law of the People's Republic of China stipulates: "When a motor vehicle breaks down on the road and needs to be stopped for troubleshooting, the driver should immediately turn on the danger warning flash and move the motor vehicle to a place that does not hinder traffic; If it is difficult to move, you should continue to turn on the hazard warning flash, and set warning signs in the direction of the incoming car to expand the warning distance and call the police quickly if necessary. "

Article 68 of the Road Traffic Safety Law of the People's Republic of China stipulates: "If a motor vehicle breaks down in expressway, it shall be handled in accordance with the relevant provisions of Article 52 of this Law; However, a warning sign should be set at a place150m away from the direction of the faulty vehicle, and the personnel on the vehicle should be quickly transferred to the right shoulder or emergency lane to give an alarm quickly. If a motor vehicle fails or has a traffic accident in expressway and cannot run normally, it shall be towed by a rescue vehicle or a wrecker. "

Article 60 of the Regulations for the Implementation of the Law of the People's Republic of China on Road Traffic Safety stipulates: "If a motor vehicle breaks down or has a traffic accident on the road, which hinders traffic and makes it difficult to move, it shall turn on the hazard warning flash according to the regulations, and set up a warning sign at the place 50 meters behind the vehicle to 100 meters. At night, it shall also turn on the position light and the rear position light at the same time."

Eight, the parties to the accident have no dispute about the facts of the accident, how to deal with it?

Article 86 of the Regulations for the Implementation of the Law of the People's Republic of China on Road Traffic Safety stipulates: "Traffic accidents between motor vehicles and between motor vehicles and non-motor vehicles have occurred on the road, which have not caused personal injury or death. If the parties have no dispute over the facts and reasons, they should leave the scene after recording the time and place of the traffic accident, and sign the name and contact information of the other party, motor vehicle number, driver's license number, insurance certificate number and collision location together." If a party disputes the facts and causes of a traffic accident, it shall call the police in time. "

Article 87 of the Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China stipulates: "If a traffic accident occurs between a non-motor vehicle and a non-motor vehicle or pedestrian on the road, and no personal injury or death is caused, the parties concerned shall evacuate the scene first and then negotiate compensation on their own. If a party disputes the facts and causes of a traffic accident, it shall call the police in time. "

According to the spirit of the Notice on Handling Traffic Accidents Quickly, if the parties have no dispute about the facts and causes of traffic accidents, they can immediately evacuate the scene, resume traffic and compensate for the losses through negotiation. If only minor property losses are caused, and the basic facts are clear, the parties concerned should leave the scene first and then negotiate. If a traffic accident is handled by the parties themselves through consultation, they may first record the basic facts of the traffic accident in writing and then leave the scene. If you don't leave the scene immediately or only one party has a traffic accident, you should immediately report it to the traffic police on duty or the traffic management department of the public security organ for handling.

In the event of a traffic accident, if the parties concerned report to the traffic police on duty or the traffic management department of the public security organ, or if the parties concerned leave the scene by themselves and no agreement is reached through consultation, the traffic police can quickly handle the traffic accident according to the summary procedure.

Nine, the parties to the accident dispute about the facts of the accident how to deal with?

If the parties to the accident dispute the facts of the accident, they should protect the scene and immediately call the police to wait for the traffic police to handle it. At the same time, we must do our own safety maintenance.

X. After the parties to the accident leave the scene, one party will come back?

After the site is demolished, if the parties to the accident have no dispute over the facts of the accident and cannot reach an agreement only on the issue of damages, the responsible party may bring a civil lawsuit to the people's court where the accident occurred on the basis of the agreement reached by the parties themselves to handle the traffic accident through consultation. Or call the police immediately and wait for the traffic police to handle it.

If the parties to the accident dispute the facts of the accident after being demolished at the scene, they should call the police immediately and wait for the traffic police to handle it.

How do the parties to the accident ask the traffic police to preside over mediation?

The parties must * * * request mediation, and the traffic police will mediate the identification of property losses, the fault of the parties, the liability for compensation and the way of compensation on the spot. If an agreement is reached, the traffic police shall record the mediation results in the summary record of traffic accidents, which shall be signed by the parties and served on the spot.

If a party disagrees with the identification of a traffic accident, disagrees with the mediation of the traffic police, refuses to sign the summary procedure of the traffic accident, and fails to reach an agreement after mediation, the traffic police shall state the relevant information on the summary procedure of the traffic accident and serve it on the spot.

If the mediation fails to reach an agreement or the parties fail to perform after the mediation takes effect, the parties may bring a civil lawsuit to the people's court with the summary procedure of traffic accidents as evidence.

Which accidents, although in fact did not cause casualties, but the parties must also protect the scene, immediately call the police, waiting for treatment?

In any of the following circumstances, the parties concerned shall protect the scene and call the police immediately:

(a) the motor vehicle has no license plate, inspection mark and insurance mark;

(two) the driver does not have a valid driver's license;

(3) Drinking alcohol or taking psychotropic drugs or narcotic drugs under state control;

(four) a traffic accident that falls under the circumstances stipulated in the second paragraph of Article 70 of the Road Traffic Safety Law of the People's Republic of China, and the parties dispute the facts or reasons;

(5) The vehicle cannot move by itself;

(6) Collision with buildings, public facilities or other facilities.

Under what circumstances does the traffic police not mediate?

In any of the following circumstances, mediation is not applicable, and the traffic police can serve it on the parties after stating the relevant situation in the summary procedure of traffic accidents:

(a) the parties can not provide evidence of a traffic accident, and the traffic police can not make a traffic accident identification because of changing the scene;

(two) the parties have objections to the identification of traffic accidents;

(three) the parties do not agree to mediation by the traffic police;

(four) the parties refused to sign a summary procedure to deal with the accident.

What should I do if the cost of rescuing the injured in traffic accidents is not enough?

If the injured or the driver in the traffic accident does not have enough rescue expenses, the medical institution must also treat the injured in the traffic accident, and at the same time, the traffic management department of the public security organ shall notify the insurance company to pay compensation or the social assistance fund management institution for road traffic accidents to pay compensation first.

After the on-site investigation is completed, the traffic police ask the parties to sign the accident scene map. What should the parties do?

The traffic accident scene map is the record of the traffic police at the scene of the accident. After receiving the signature confirmation from the police, the parties to the accident should first check whether the scene map is consistent with the scene of the accident, and ask the police to explain the unclear places. If they think that the scene map does not match the scene of the accident, they can ask the police to check it again. If the recheck is correct, both parties shall sign the site map for confirmation.

If the parties refuse to sign without reason, the traffic police can record the refusal of the parties on the scene map. This site map still has evidence function.

Under what circumstances can the traffic police detain the motor vehicle driver's license of the party concerned?

The traffic police shall examine the identity documents, driver's license, work permit, motor vehicle driving license and insurance signs of the parties concerned to verify their identity; Those who are difficult to verify their identity on the spot can be brought back for verification. The traffic police can inspect the vehicle involved in the accident, the parties involved in the traffic accident and the articles they carry according to law.

If the traffic police think that the party concerned should be punished by withholding or revoking the motor vehicle driver's license, they can detain the party concerned's motor vehicle driver's license and issue a certificate of administrative compulsory measures.

Article 16 A driver's license may be detained under any of the following circumstances:

(1) Driving a motor vehicle after drinking or being drunk;

(two) the driver of a motor vehicle gives the motor vehicle to a person who has not obtained a driver's license or whose driver's license has been revoked or withheld;

(three) the speed of motor vehicles exceeds fifty percent;

(four) driving an assembled motor vehicle or a motor vehicle that has reached the scrapping standard;

(five) in a scoring cycle, the cumulative score reached 12;

(6) using another person's driver's license;

(seven) a major traffic accident, which constitutes a crime.

Twenty-ninth traffic police should check the identity documents, driver's license, work permit, motor vehicle driving license and insurance signs of the parties to verify their identity; Those who are difficult to verify their identity on the spot can be brought back for verification. The traffic police can inspect the vehicle involved in the accident, the parties involved in the traffic accident and the articles they carry according to law.

Three, the driver's license points:

Article 32 If the traffic police think that the party concerned should be punished by withholding or revoking the motor vehicle driver's license, they may detain the party concerned's motor vehicle driver's license and issue a certificate of administrative compulsory measures.

The time limit for detaining a motor vehicle driver's license is before the decision on punishment is made.

Time limit for detaining motor vehicle driver's license?

The time limit for detaining a motor vehicle driver's license is before the decision on punishment is made. However, one-day detention will be reduced to one-day detention period.

Under what circumstances can the traffic police detain the parties' motor vehicles?

If it is necessary to detain the accident vehicle and motor vehicle driver's license due to the collection of evidence, the traffic administrative department of the public security organ shall issue a certificate of administrative compulsory measures to move the vehicle to the designated place and keep it properly.

Accident vehicles detained by the traffic administrative department of the public security organ shall not be used except for inspection and appraisal. Within five days after the completion of the inspection and appraisal, notify the parties to receive the accident vehicle and motor vehicle driving license. If the owner of the vehicle abandons the vehicle and escapes or the party concerned fails to collect it after being notified, it shall be handled in accordance with the provisions of Article 112 of the Road Traffic Safety Law of the People's Republic of China.

Illegal vehicles such as unlicensed vehicles, vehicles that meet the scrapping standards, and vehicles that are not covered by compulsory third party liability insurance shall be handled in accordance with the provisions of relevant laws and regulations.

Under any of the following circumstances, the vehicle may be detained because there is no other motor vehicle driver to take the place of driving, and the illegal act has not been eliminated, which requires investigation or evidence preservation.

(1) Failing to hang a motor vehicle number plate, place inspection marks or insurance marks, or failing to carry a driving license or driver's license;

(two) suspected of using forged, altered or other vehicles' motor vehicle registration certificate, license plate, driving license, inspection mark and insurance mark;

(3) Failing to take out compulsory motor vehicle third party liability insurance in accordance with regulations;

(four) road passenger vehicles or freight vehicles are overloaded;

(5) Suspected of robbery;

(six) motor vehicles that have been assembled or have reached the standard of scrapping;

(seven) non motor vehicle drivers refused to accept the fine.

What should I do if I detain the goods on the motor vehicle?

The traffic administrative department of the public security organ shall not detain the goods carried by the accident vehicle. After verifying the weight, volume and loss of the goods, notify the driver of the motor vehicle or the owner of the goods to handle it by himself. If the parties concerned do not handle it by themselves, it shall be handled in accordance with the provisions of Articles 155th and 156th of the Procedures for Handling Administrative Cases by Public Security Organs.

How long is the period for detaining motor vehicles?

Accident vehicles detained by the traffic administrative department of the public security organ shall not be used except for inspection and appraisal. Within five days after the completion of the inspection and appraisal, notify the parties to receive the accident vehicle and motor vehicle driving license. Illegal vehicles such as unlicensed vehicles, vehicles that meet the scrapping standards, and vehicles that are not covered by compulsory third party liability insurance shall be handled in accordance with the provisions of relevant laws and regulations.

What is the time limit for inspection and appraisal by the traffic administrative department of the public security organ?

After receiving the report, the traffic administrative department of the public security organ shall, within five days, assign or entrust professional and technical personnel and qualified appraisal institutions to inspect and appraise the physical and mental condition, personal injury, corpses, vehicles, their speed, traces, articles and road conditions of the on-site personnel.

The inspection and appraisal shall be completed within twenty days; If an extension is needed, it may be extended for ten days with the approval of the traffic administrative department of the public security organ at the prefecture level. If the inspection and appraisal period exceeds the time limit, it must be reported to the traffic management department of the provincial public security organ for approval.

How many days will the relatives of the deceased handle the funeral after the corpse examination of the traffic accident victim is completed?

After the examination of the body of the deceased in a traffic accident is completed, the relatives of the deceased shall be notified to handle funeral matters within ten days. If the corpse is not disposed of within the time limit without justifiable reasons, the public security organ at or above the county level shall forcibly dispose of the corpse with the approval of the person in charge of the public security organ, and the expenses for overdue storage shall be borne by the relatives of the deceased.

Are the parties involved in traffic accidents entitled to the inspection and appraisal results?

The traffic administrative department of the public security organ shall submit a copy of the inspection and appraisal conclusion to the parties within two days after the inspection and appraisal results are determined.

What should the parties do if they disagree with the inspection and appraisal conclusion of the traffic management department of the public security organ?

If a party has any objection to the inspection and appraisal conclusion of the traffic administrative department of the public security organ, it may apply for re-inspection and appraisal within three days after receiving a copy of the inspection and appraisal conclusion. After the approval of the person in charge of the traffic management department of the public security organ at the county level, it shall assign or entrust professional and technical personnel and qualified appraisal institutions to conduct re-examination and appraisal.

What should the parties do if they disagree with the inspection, appraisal and evaluation conclusions entrusted by them?

If a party has any objection to the inspection, appraisal and evaluation conclusion entrusted by itself, it may entrust another inspection, appraisal and evaluation within three days from the date of receiving the inspection and appraisal conclusion, and inform the traffic administrative department of the public security organ, which shall put it on record.

How many times can the parties apply for re-inspection, appraisal and evaluation?

The application for re-inspection, appraisal and evaluation is limited to one time. The time limit for reinspection and appraisal is the same as that for inspection and appraisal.

How does the traffic management department of the public security organ determine the responsibility of the parties?

After investigation, the traffic administrative department of the public security organ shall determine the responsibility of the parties according to the role played by their faults in traffic accidents and the severity of their faults.