Traffic Accident Liability For Damages

Along with the increasing number of motor vehicles, various types of traffic accidentsfrequently come into being. Cases of damages which caused by road traffic accidents getsmore and more attention from the whole society. People expect the law could be able to giveeffective protection and relief to injured parties for personal injury and property damage in caraccidents. Nonetheless, for the particularity, contingency, and unpredictability of trafficaccidents, combined with the human and natural factors intertwined when accidents happen,identifying whether participants in traffic accidents should be liable for damages become intoa major difficulty in the judicial practice. Observing responsibility identification from whichperspective is the common concern both in the theoretical and practical field. This paper triesto adopt a typical chain collision case as the perspective, and then do a detailed analysis of thetheoretical and practical issues involved in road traffic accidents damages liability argumentin order to be beneficial both in this field. Except for the introduction and conclusion, thecontent of this paper is divided into four chapters.Chapter one puts forward the problem which needs to be solved in the research. Firstly,introduce a damages dispute of a typical chain collision; secondly, put forward the maincontent of the road traffic accident damages; thirdly, raise the problems need to be discussed;and finally give a brief description about the importance of maintenance for traffic accidentsin the confirmation of responsibility.Chapter two is the analysis of the case. This chapter analyzes the case in detail. At thebeginning, the author gives analysis of case-related behavior and the consequences of thedamage. And then, the author also makes a clearly definition about the sources and thetheoretical basis of the liability within the scope of the tort.Chapter three is the core of this paper which analyzes the liability for damages in roadtraffic accidents. It can be divided into three parts. Part one describes our current legislationon the relevant provisions of the responsibility especially the imputation rules, and then gets adetailed exposition of the elements constitution the tort liability, which focuses on the “fault”constituent elements of this responsibility. Part three, conducts a research about the methodsof the confirmation of responsibility, and summarizes the scientific way of thinking bycombining the causality theory with the practice. Chapter four arranges a deep analysis about the joint infringement which is the caseconcerned. First, the author compares the legislation of other countries and regions in thecases of the definition of the joint infringement. Second, distinguishes among jointinfringement behavior, quasi joint infringement and competition causes infringement; andexplains the differences among those three during undertaking the joint liability and theshared liability. Third, in the combination of the discussion about the theory and cases, theauthor comes into conclusion about the analysis of the cases, meanwhile, describes thethought and inspiration which is derivate by the typical chain collision case.