A Study On Damages Of Road Traffic Accidents

Damages of road traffic accidents are a key issue in Tort Liability Law. Japan and the European and American countries have promulgated special laws and regulations on road traffic accidents or transportation. It is effectively a cynosure for academic and professionals in terms of how to timely establish damages and relieve the injured. This article is composed of six parts as follows:Part I of this Article discusses the concepts concerning road traffic accidents and damages of road traffic accidents and its characteristics, and the clarification and status quo of damages of road traffic accidents, to render a large picture.Part II Starting from the system of principle of liability in foreign countries, undertakes a comparative analysis, walks through the history of Chinese legislation, and sets forth proposals about principle of liability with regard to damages of road traffic accidents.Part III analyses the constituent factors of damages of road traffic accidents, holding that there should be three key factors:actus reus, causation, and mens rea. It further discusses exemptions including force majeure, the fault of the injured, and third party defense.Part IV provides a brief introduction of the parties in the relationship arising from damages of road traffic accidents. It is held that the party who is entitled to claim damages is the direct and indirect victims; and the party who bears the obligation to compensate includes the direct injurer, the substitute of the responsible person, and the complementary responsible person.Part V focuses on how to identify the subject of liabilty, ten settings are involved:1) vehicles are attached to a given unit; 2) vehicles are rented or borrowed; 3) vehicles are driven by employees; 4) vehicles are stolen or robbed; 5) vehicles are used without consent; 6) vehicles are mortgaged;.7) vehicles are sold but not reregistered; 8) the driver is discharging his/her duties; 9) vehicles are maintained, cleaned by others, or under other's custody, or in the stage of installment; and lastly 10) good will pick-up.Part VI touches on the scope and standard of damages of road traffic accidents from perspectives of property damage and damage to person. It also walks through such controversial issues like the depreciation of vehicles, damages for the disabled or deceased victim, and compensation for mental loss.