Pedestrians are hit by a red light, and the motor vehicle still has to bear the liability for compensation
Understanding of no fault liability for motor vehicle traffic accidents
The responsibility for traffic accidents between motor vehicles and non-motor vehicle drivers and pedestrians shall apply to the liability for no fault. Among them, which party to investigate "no fault" may be a problem in the practice of road traffic accident identification. For example, if a pedestrian crosses the road, the traffic police judge the responsibility for the traffic accident by whether the motor vehicle speeds, which actually damages the pedestrian's compensation interests. If there is no yellow solid line on this section, the pedestrian has the right of way. Regardless of whether the motor vehicle speeds or not, the motor vehicle should bear all responsibility. Whether the motor vehicle speeds, is qualified, and whether the driver is focused are the basis for administrative or criminal liability.
If there is evidence to prove that the non-motor vehicle driver or pedestrian is at fault, the compensation liability of the motor vehicle shall be appropriately reduced according to the degree of fault. Among them, if "appropriate reduction", can the compensation liability of the motor vehicle party be reduced to equal liability or secondary liability? As for the responsibilities of the motor vehicle party, including no responsibility, secondary responsibility, main responsibility and full responsibility, the reduction of liability can only be "appropriately" reduced in the next level. Therefore, no-fault liability limits the reduction of liability, and the compensation liability can only be reduced to the main responsibility, and the degree of "appropriate". The difficult factor in determining responsibility in judicial practice is mainly to equate civil liability with criminal liability. In fact, criminal liability has no fault and no fault is called an accident in criminal law.
If a motor vehicle is not at fault, it shall bear no more than 10% of the compensation liability, which actually refers to a traffic accident, such as a pedestrian lying drunk in the motor vehicle lane, and the driver cannot observe due to road slope and other reasons; for example, a pedestrian suddenly crosses the road at close range, and the driver cannot take measures. The "no fault of one motor vehicle" here means that the motor vehicle driver abides by all traffic rules, including all factors such as whether the vehicle is qualified. The losses in traffic accidents are caused by intentional collision between non-motor vehicle drivers and pedestrians. One party of the motor vehicle does not bear the liability for compensation, mainly referring to the suicide of non-motor vehicle drivers and pedestrians, and the collision of car accidents.
Understanding of no fault liability for motor vehicle traffic accidents
Understanding of criminal liability for motor vehicle drivers
In judicial practice, the responsibility for non-fault liability for motor vehicle traffic accidents is applicable to the criminal liability of motor vehicle drivers, which arises two aspects of problems. On the one hand, civil liability replaces criminal liability, which violates the principle of statutory crime and punishment, and makes innocent people prosecuted innocently; on the other hand, it damages the compensation interests of non-motor vehicle drivers and pedestrians, and the liability for non-fault in motor vehicle traffic accidents cannot be applied, thus benefiting the insurer. The reason why my country's third-party liability insurance rate or insurance amount is not high is that it is actually a mistake in understanding the non-fault liability. Correct understanding of non-fault liability can increase the insurance rate and insurance amount.
The crime of traffic accident shall be subject to the premise that the motor vehicle seriously violates traffic rules. The reason why one motor vehicle bears no-fault liability is that due to its structure, the impact resistance of the motor vehicle is naturally stronger than that of non-motor vehicle drivers and pedestrians. Among them, the impact capability of a motor vehicle mainly depends on the speed of the motor vehicle. Therefore, if the motor vehicle is driving on this lane and does not speed seriously, or the speeding is not obvious, even if the motor vehicle bears all or the main compensation liability, the motor vehicle driver should not be held criminally liable. For example, non-motor vehicle drivers and pedestrians cross the road, etc. It should be noted here that the liability for road traffic accidents is subject to non-fault liability, which refers to the third-party liability insurance of motor vehicles. The law does not describe non-fault liability as a traffic accident between the "driver" of the motor vehicle and the non-motor vehicle drivers and pedestrians.
If a pedestrian is hit by a red light, should the driver compensate? When the red light is on, pedestrians have entered the crosswalk line, and the motor vehicle needs to bear all compensation liability. Not only that, the motor vehicle driver has a high obligation to observe. In this case, the motor vehicle driver also needs to bear criminal liability.After the red light is on, pedestrians enter the crosswalk line, and the motor vehicle needs to bear the main compensation liability, but motor vehicle drivers should not bear the criminal liability for traffic accidents; when the red light is on, pedestrians cross the road without the crosswalk line, which can be treated as traffic accidents. The reason is that the roads controlled by traffic lights have restrictions on the passage time.
When the red light is on, pedestrians cross the road without passing the crosswalk line, which can be treated as traffic accident
