Motor Vehicle Caused A Traffic Accident Liability Of Pedestrian Damage Research

On May 1^st, 2004 , The Law of the People's Republic of China on Road Traffic Safety was promulgated. According to Item 76 of this law, when traffic accident happens between the motor vehicle and the pedestrian, non-fault principle is applicable to the motor vehicle; meanwhile, fault-balance principle is set forth when compensation is concerned. These principles provide the legal foundation in dealing with the issue of compensation. Despite this, there are still a number of problems in the judicial practice. This essay aims to expound on the item by using a case and employing appropriate theories.First of all, the concept of traffic accident as well as its components. By comparing the concept given by the Traffic Safety Law with that in the Traffic Accident Management and studying the related definition of traffic accident, I conclude that traffic accident refers to the casualty or the damage of property caused by the vehicle on the road or the casualty or the damage of property happened on the road. Here a clear explanation should be given to the word road.Secondly, fault principle in compensation. To make clear who should be responsible for the accident is the key in dealing with the traffic accident correctly, which has close relationship with fault principle. In my opinion, the root of traffic accident is the property of danger contained in motor vehicles, the fast-speed transportation, which is a necessary in our modem society. Therefore, we must set up a kind of system in which the danger is allowable. Accordingly, it is the vehicle drivers' duty to pay high attention to safety when driving. Once an accident happens, motor drivers must take non-fault responsibility; that is to say, when an accident happens between vehicles and pedestrians, no matter if it is the driver's fault subjectively, motor vehicles must be responsible for it as long as damage happens. This principle itself does not cover the compensation. On the same time, the fault of pedestrians who break the traffic law should be pointed out, whose fault cannot be ignored or lessened since the vehicle take non-fault responsibility. Thirdly, the matter of responsibility in the case of compensation. This essay makes a further study on fault-balance principle and it is concluded that fault-balance means when accident happens between motor vehicles and pedestrians and pedestrians have fault, the court can, according to relevant standards, lessen the motor vehicle's responsibility in compensation; thus the damage can be compensated more reasonably. Since there is no specific provision in our present laws, there is discrepancy in theory and in practice as well. Because of this, this essay discusses the percentage of the two parts in compensation in detail. Four occasions are discussed: 1) if pedestrians have little fault in the accident, motor vehicles pay 80% of the compensation; 2) when the two parts have the same fault, vehicles pay 60% of the compensation; 3) if pedestrians have major fault, the vehicle pays 40% of the compensation; 4) when it is totally the pedestrian's fault, vehicles pay 10% of the compensation. I also believe that in the application of this ratio should not stick to quantify, as the case may be flexible, but not from top to bottom modifications rate over five percent of the liability.