Traffic Accident Damages For Legal Research

The implement of Traffic Safety Law on May 1st, 2004, application of related regulations and rules, and also judicial explanation of the Supreme People's Court pose a new topic and challenge for judicial operators, who has formed relatively mature concepts and has been equipped with practical judgment experience after many years working. Based on the judgment practicality of road traffic accident indemnity, and in the environment of all kinds of discussions to the new law, this thesis offers its own opinion about the insurmountable procedures in road traffic accident indemnity and related problems of entity. This thesis states its idea mainly in seven aspects.The first part discusses the constitutes of responsibility bearing principle in road traffic accident indemnity. Based on the legal characteristic of the difference between traffic accident infringement and normal infringement, lawmakers should take the protection of non-motor vehicles' weak party's interests into account when make the responsibility bearing principle. This thesis probes into the legislation's value choice and judgment of road traffic accident indemnity in our country through analyzing the change of responsibility bearing principle from Ways of Traffic Accident Settlement to Traffic Safety Law. The Traffic Safety Law execute no fault principle to the motor vehicle in one aspect with the aim to protect human-right and maintain social justice, in another aspect, activate their interests of damage preventing and strengthen their consciousness to observe traffic rules through the settling of liability for fault of non-motor vehicles. Then the thesis introduces history and theory foundation of no-fault responsibility of motor vehicles, its aim is to illustrate that the Traffic Safety Law in our country is in accordance with the world trends. Fix the no-fault responsibility principle of motor vehicles and the responsibility bearing principle of not judging by one principle with advanced legislation idea. The fault responsibility principle between motor vehicles is easy to handle in judgment. But as to the application of no-fault responsibility principle in traffic accidents between motor vehicles and non-motor vehicles, and between pedestrians, there are some deviations in the ideas and practical operations ofdifferent judges. Concerning this, the thesis explains responsibility bearing principle and fault balance rules in different circumstances.The second part gives a legal analysis to the constitutive requirement of road traffic accident indemnity. The necessary condition of road traffic accident indemnity is the damage of the victim.The accident must happen on road, the road must conform to related standards, that is, the road is open to public and can be passed by motor vehicles. It will be regarded "road" no matter who built the road and if it has passed examination. Subjectively if the accident is between non-motor vehicles or non-motor vehicles and pedestrians, the indemnity cannot be applied to the regulations in general principle of civil law, which states clearly the indemnity caused by high speed vehicles. How to fix the indemnity must depend on the interest of victims. So the thesis holds the opinion that as long as the accident happens in traffic or on road and caused dander to other people, it must be regarded operating and be treated with traffic accident indemnity, no matter the motor vehicle is running or stopping. The main factors of injurer are restricted to fault only, and subjective intention not included.The third part talks about the legal feature and nature of third party liability compulsory insurance, the author also states his opinion about problems and disputes in practice, which must be solved immediately. At present, the related laws and regulations has not been made. So in the districts where the traffic police department has requested motor vehicle third party liability insurance, the nature of compulsory insurance must be decided. Apply related regulations in the aspects of principle of claims settlement, insurance coverage and exemption reasons. As to the responsibility bearing principle basis of compulsory insurance, the function of social security must be clarified, the compulsory pointes to damage, not liability for accident. Because the Traffic Accident Law regards the responsibility bearing principle among motor vehicles, non motor vehicles and pedestrians as no fault principle, the liability for compensation of insurance company should be in accordance with motor vehicles. The victim's requirement of injurer's compensation based on act for tort, requirement of insurance company's compensation based on laws and regulations in contract can constitute not real joint obligation in civil law. The victim has the right to accuse one obligor or all obligors. The thesis also clarifies the advancement payment nature of insurance company in rescue, andsuggests enlarging extent of compulsory insurance third party. The author offers his solution in the following conditions: The responsibility assumption of third party liability insurance when insurant is insured in more than two insurance companies;the responsibility assumption of insurance companies when accident was caused by more that two motor vehicles.The fourth part argues about the determination of the civil liability subject of road traffic accident indemnity with the principles of domination running and benefits running. When dominance and benefits don't belong to one body, civil liability subject standard should be determined based on the attribution of the right of control, according to the principle that dominance determines everything. According to the principles mentioned above, the thesis will construct specific judgment standards according to the behavior types, and describe the types of liability subjects, according to different situations such as: the real owner of the vehicle is not the registered owner, the driver is hired, driving without permission, vehicle entrustment, the vehicle is borrowed or rented, the motor vehicle has defects or road accident occur while the vehicle being repaired.The fifth part discusses about how to enter into judicial proceeding and realize organic cooperation between the administrative handling and judicial settlement, when the traffic police had proceeded to deal with and mediated between all the parties involved in the accident, following the clauses of the law. It is necessary for the party concerned to get traffic accident appraisement letter to launch a civil action. The traffic police should inform the party relevant regulations in time, so that the party concerned can take early preservative measures before and in litigation. The traffic police should also collect first-hand evidence materials in time, and take good care of them, and make evidence documents, so that it is available when the court started judicial proceedings. Road traffic accident reconciliation agreements, achieved through the meditation by the police are civil contracts, and should be coped with according to relevant regulations.The sixth part discusses about the nature of road traffic accident appraisement letter, and confirms that it is civil evidence. The traffic control department of public security organ determines the responsibility of the accident from the perspective of a specialized department This kind of determination is a kind of technical appraisement, therefore, traffic accident appraisement is only an appraising conclusion, it does not have the legal property of specificadministrative behavior, and does not have legal constitutive requirements, and therefore it does not belong to judicial proceedings. As far as the court is concerned, traffic accident appraisement letter is only a letter to appraise the accident, and analyze the cause of the accident, is only the result of specialized technical analysis, it is effective in proving the accident, but is not the ex officio reference for compensation. The rational faculty of censoring according to law should be established in civil trial. "Responsibility" mentioned in traffic accident appraisement letter is not equal to the "responsibility" mentioned in civil compensation. Though traffic accident responsibility appraisement by the social security organ, can be treated as the reference of civil compensation responsibility, if the party concerned really has questions about the appraisement, certain procedures should be employed to conduct a thorough survey of the appraisement, and determined responsibility of different parties, with the help of the social security organs.The seventh part discusses about the principles and ranges of traffic accident indemnity. First, lawmaking deals with traffic accident indemnity range at home and abroad, is discussed. Though "Explanations about Several Questions about Application of Law in Trying Personal Injury Compensation Case "([Legal Explanation] No .20) has given a comprehensive regulation on the range and calculating methods of personal injury compensation, and has enlarged the range of personal injury compensation items, this thesis deems that both moral damage compensation and indirect victims' compensation all should be included in traffic accident indemnity.Through theoretical discussions and actual practice analyzing about those aspects mentioned above, I wish that this thesis will be of help in trying road traffic accident indemnity case, so as to really salvage the victims, to do justice to vehicle injuries, to reduce the occurrence of tragedy, and to avoid more severe social problems, this is also the original intention and purpose of the thesis.