Which department handles traffic accidents?

The traffic administrative department of the public security organ is responsible for handling traffic accidents within its jurisdiction. Specific handling matters shall be handled by the Accident Section of Traffic (Patrol) Section (Large) Team or the Accident Group of Duty Team. 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.

There has always been a traffic police at the scene of traffic accidents, so does this mean that it is the public security traffic police department that handles traffic accidents? Many people don't know which department to deal with traffic accidents, let alone how to deal with them. Next, I will give you detailed answers around these two questions.

1. Which department handles traffic accidents?

The traffic administrative department of the public security organ is responsible for handling traffic accidents within its jurisdiction. Specific handling matters shall be handled by the Accident Section of Traffic (Patrol) Section (Large) Team or the Accident Group of Duty Team.

A traffic accident refers to an incident in which a vehicle causes personal injury or property loss due to a fault or accident on the road. Traffic accidents are not only caused by non-specific personnel violating traffic management regulations; It may also be caused by irresistible natural disasters such as earthquakes, typhoons, flash floods and lightning strikes.

Among them, roads refer to highways, 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.

Article 70 of the Road Traffic Safety Law: 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.

If a traffic accident occurs on the road, causing no personal injury or death, and the parties concerned have no dispute over 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.

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.

Second, how to deal with traffic accidents

(1) field investigation

1. After a traffic accident, if the parties have no dispute about the facts and reasons, they can leave the scene immediately and negotiate for damages. If you don't leave the scene immediately, you must protect the scene and report the case to the public security organ quickly.

2. After receiving the instruction, the police on duty must rush to the scene within the promised time and dispose of the scene quickly.

3. Conduct on-site investigation, including on-site visit, photography, drawing, measurement and inspection. On-site investigation must be legal, timely, comprehensive and accurate.

4. After the on-site investigation records are verified, the parties or witnesses shall be required to sign the on-site map.

5, due to the need of inspection, if necessary, can detain the vehicle and relevant documents.

6. Agree with the parties to handle the accident.

7. After-the-fact investigation must be conducted according to law, including inquiry, trace extraction inspection, technical inspection, damage assessment and other necessary identification.

(2) Responsibility determination

1. In the investigation stage, the parties may be called to hold a hearing when necessary.

2. After finding out the basic facts of the accident and collecting sufficient evidence, identify the responsibility in strict accordance with the prescribed time.

3. When the responsibility is announced, all parties must be convened to clarify the basic facts of the accident and the reasons and basis for determining the responsibility.

4 inform the parties of the right to apply for re-appraisal and the statutory limitation.

(3) Punishment

1. After the responsibility determination becomes legally effective, the responsible party shall be punished and reported to the leader for approval.

2, according to the punishment decision made by the leadership to fill in the punishment award.

3, announced the punishment decision to the responsible person.

4 inform the parties of the right to apply for administrative reconsideration and the statutory limitation.

5. Improve relevant punishment procedures.

6. Execute the punishment.

(4) Compensation mediation

1. Collect certificates, bills and various materials related to damages.

2. After confirming the end of the treatment of the injured or determining the damage result, all parties or agents must be organized to conduct compensation mediation within the specified time. Mediation at most twice.

3. After the mediation is successful, a conciliation statement shall be made and sent to the parties respectively.

4. If the mediation is unsuccessful, the mediation conclusion must be filled in and sent to the parties, and the parties can be informed that they can bring a civil lawsuit to the people's court within the statutory time limit.

To sum up, traffic accidents are generally handled by the traffic management department of public security organs, and the specific handling of accidents is the responsibility of the accident department of the traffic (patrol) team or the accident group of the duty team.