Traditional Culture Encyclopedia - Photography and portraiture - How to get to the vehicle accident flow?
How to get to the vehicle accident flow?
1. On-site investigation: On-site investigation of traffic accidents refers to the process of taking photos and obtaining evidence on the scene after the traffic management department of the public security receives the traffic accident report and arrives at the accident site. When investigating road traffic accidents, traffic police should collect evidence objectively, comprehensively, promptly and legally;
(1) After the traffic accident, if there are no casualties, the parties have no dispute about the facts and reasons, or only caused minor property losses, and the basic facts are clear, they can negotiate to compensate for the losses and leave the scene on their own. If there is any dispute about the facts and reasons, you must protect the scene and report to the traffic police 122 quickly. If the vehicle is insured, it shall promptly notify the insurance company to go to the scene;
(2) After receiving the instruction, the police on duty must arrive at the scene quickly within the promised time and dispose of the scene quickly;
(3) Conducting site investigation includes a series of work such as site investigation, photography, drawing, measurement and inspection.
2. Responsibility identification: The responsibility identification of traffic accidents refers to the behavior of the public security organs to identify the responsibility of traffic accidents according to the causal relationship between the illegal acts of the parties and the traffic accidents and the role of illegal acts in traffic accidents after identifying the causes of traffic accidents;
(1) After finding out the cause of the traffic accident, the public security organ determines the responsibility of the party concerned for the traffic accident according to the causal relationship between the illegal behavior of the party concerned and the traffic accident and the role of the illegal behavior in the traffic accident;
(2) In the investigation stage, when necessary, call the parties to the traffic accident handling center to hold a hearing;
(3) After finding out the basic facts of the accident and collecting sufficient evidence, identify the responsibility in strict accordance with the prescribed time.
3. Punishment: Composition of punishment provisions for traffic accident crime: If traffic accident constitutes traffic accident crime, criminal responsibility shall be investigated according to law; If it is necessary to investigate the criminal responsibility of motor vehicle drivers, the motor vehicle driving license shall be revoked. If the traffic accident is not serious enough for criminal punishment, it shall be punished in accordance with the relevant provisions of laws and other road traffic management regulations and rules;
(1) After the responsibility determination becomes legally effective, punish the responsible party and report to the leader for approval;
(2) Fill in the punishment award according to the punishment decision made by the leader;
(three) to announce the punishment decision to the responsible person;
(4) Inform the parties of their right to apply for administrative reconsideration and the statutory limitation;
(5) Perfecting relevant punishment procedures;
(6) execute the punishment.
4. Compensation mediation: Mediation of disputes over compensation for traffic accidents shall be conducted in accordance with the following procedures:
(1) Analyze the role of the parties' behaviors in traffic accidents and the severity of their faults, and educate the parties;
(2) Calculate the total amount of personal injury compensation and property loss, and determine the amount shared by all parties: if personal injury is caused, it shall be calculated according to the compensation items and standards stipulated by relevant laws. The repair cost and discount compensation cost are calculated according to the actual value or the evaluation conclusion of the evaluation institution;
(3) Time limit for mediation and compensation for traffic accidents: The time limit for mediation and compensation for traffic accidents by the traffic administrative department of the public security organ is 10 days. For injuries caused by traffic accidents, mediation shall be started from the date of the end of treatment or disability; If a traffic accident causes death, mediation shall begin from the date when the time for handling the funeral ends; If a traffic accident only causes property losses, mediation shall begin from the date of determining the losses.
5. Litigation solution: If a lawsuit is filed against a traffic accident, the parties may file a lawsuit with the people's court of the place of origin, destination or the defendant's domicile. When bringing a lawsuit, a complaint shall be submitted to the people's court, and copies shall be submitted according to the number of defendants. If the conditions for prosecution are met, the people's court shall file a case for acceptance within seven days.
Traffic accidents are handled as follows:
1. When there is a traffic accident on the road, the driver of the vehicle should stop immediately to protect the scene; If personal injury or death is caused, the driver of the vehicle shall immediately rescue the injured 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;
2. If there is a traffic accident on the road and no personal injury or death is caused, if the parties have no dispute about the facts and reasons, they can 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;
3, a traffic accident on the road, only causing minor property losses, and the basic facts are clear, the parties shall evacuate the scene before negotiation;
4. If the 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.
To sum up, if the two parties fail to mediate within the statutory time limit, the public security traffic police department will terminate the mediation and issue a mediation conclusion, and both parties will file a civil lawsuit with the court.
Legal basis:
"Road traffic accident handling procedures" thirteenth
In case of casualties, property losses and any of the following circumstances, the parties concerned shall protect the scene and call the police immediately:
(a) the driver does not have a valid motor vehicle driver's license or the motor vehicle he is driving does not conform to the quasi-driving type specified in the driver's license;
(2) The driver is suspected of drinking alcohol or taking psychotropic drugs or narcotic drugs under state control;
(three) the driver is suspected of engaging in school bus business or passenger transport, seriously exceeding the rated passengers to carry passengers, or seriously exceeding the prescribed speed;
(4) The motor vehicle has no license plate or uses a forged or altered license plate;
(five) the parties cannot move the vehicle by themselves;
(6) One party leaves the scene;
(7) There is evidence that the accident was intentionally caused by one party.
Under the principle of ensuring safety, the driver must immediately organize the personnel in the car to evacuate to a safe place off the road to avoid a second accident. If the driver has been killed or injured in a road traffic accident and cannot move, other people in the car should organize their own evacuation.
- Related articles
- Dandong aerial photography
- How many copies are there in Zhejiang Biography?
- Detailed data collection of Shantou University Student Union
- These roads in the suburbs of Beijing will take you to see the beautiful autumn scenery!
- Bo Gu tiren photography
- How to make a simple photo wall?
- Actors will inevitably kiss when filming, so do they really kiss or separate?
- Qixi Valentine's Day blind date activity plan 2022
- Teach me the letter format ~ @@ Append to my favorite ~
- What is the main purpose of linux system?