In real life, many people have experienced running a red light. In most people's memories, the lingering fear of running a red light has become quite blurred after passing the road safely. What is really impressive often has to wait until the accident occurs. So, who is responsible for being hit by a pedestrian when he runs a red light?
Netizen asked:
Pedestrians ran a red light and were hit by a car that could not be avoided. Who should be responsible?
Lawyer Fu Bo from Henan Yulu Law Firm answered: What kind of responsibilities do pedestrians need to bear should be determined based on the traffic accident identification letter of the traffic police department. According to Article 76 of the Road Traffic Safety Law, if a pedestrian is hit by running a red light, the motor vehicle belongs to the party without fault in terms of road traffic rules. If there is obvious evidence such as surveillance video, which can reproduce the scene at that time and prove that the motor vehicle is not at fault, the motor vehicle may only bear no more than 10% of the compensation liability.
The driver speeds slightly and pedestrians run red lights illegally. In this case, the speed of the owner slightly exceeds the speed limit of the road section when crossing the line (generally less than 20%), the driver will need to bear more economic compensation, up to 30%. Of course, there is still no criminal responsibility.
If a pedestrian runs a red light and is hit, the motor vehicle shall bear secondary responsibility, and generally bear 10%-30% of the compensation liability.
The driver only takes out compulsory traffic insurance. The insurance company that insured compulsory traffic insurance first compensates the compulsory traffic insurance within the scope of compulsory traffic insurance liability, and the driver will compensate himself for the insufficient part.
If the driver insures compulsory traffic insurance and commercial insurance for his vehicle, and is determined to be secondary liable, the insurance company will basically compensate him. If the driver commits serious illegal acts (such as drunk driving or drug driving), commercial insurance will not be compensated.
Lawyer Fu Bo Public Law:
Article 76 of the Road Traffic Safety Law: If a traffic accident occurs in a motor vehicle, causing personal injury or property loss, the insurance company shall compensate within the limit of the compulsory insurance liability for a third-party liability of the motor vehicle; if the insufficient part shall be liable for compensation in accordance with the following provisions:
(I) If a traffic accident occurs between the motor vehicles, the party at fault shall bear the compensation liability; if both parties are at fault, the liability shall be shared according to the proportion of their respective faults.
(II) If a traffic accident occurs between a motor vehicle and a non-motor vehicle driver or pedestrian, and the non-motor vehicle driver or pedestrian is not at fault, the motor vehicle party shall bear the compensation liability; if there is evidence to prove that the non-motor vehicle driver or pedestrian is at fault, the compensation liability of one motor vehicle party shall be appropriately reduced according to the degree of fault; if the motor vehicle party is not at fault, the compensation liability shall not exceed 10%.
The loss of a traffic accident is caused by a non-motor vehicle driver or pedestrian deliberately colliding with a motor vehicle, and the motor vehicle party shall not bear the liability for compensation.
Introduction to lawyer Fu Bo
Practice creed: respect for the law, pursuit of facts, and adherence to justice! Persevere in the affairs of being trusted by others and being loyal to others.
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