Research On Multi Car Collision Liability In Traffic Accidents

Since the implementation of the traffic safety law of the people’s Republic ofChina on road,although the provisions of a traffic accident rescue expenses paid inadvance, no duty compensate and clauses, but due to the control, the owner of thevehicle and the actual operation income allocation criteria and separation from theroad traffic accident damage compensate dispute,the specific implementation processdifficuit.Based on the practive,from the application of existing laws to solve the existingproblems as the main line, the existing cases in the proess of how to recognizemultiple vehicle collision damage in motor vehicle traffic accident liability subject,compensation,how to maximize the automobile traffic accident loss in the main bodyof responsibility and social problems between reasonable sharing their ownprocedures analysis, legislative background and purpose to explore the road trafficsafety law, motor vehicle compulsory liability insurance regulations, combined withthe tort liability law spirit correctly apply the road traffic safety lawseventy-sixth,summarize a set of solving multi car collision of motor vehicle trafficaccident the existing problems of application of law science theory and method, tosolve the allocation of responsibilities in traffic accidents, in order to let the partiesinvolved legal interests of the accident to the trial balance, judicial practice to learn.Firstly,a multi car crash responsibility of traffic accident of motor vehicles identifiedproblems.First, the insurance company "no duty compensate"application,discusses thenecessity of "compensation without liability "an analysis from the function orientationof compulsory insurance and the influence of closely connected person;second,the congnizance of the liability subject, through the analysis of the reasons and legalanalysis to find the root of problem solving, and puts forward the correspondingsolutions.Secondly, multiple vehicle collision compensation for the allocation oftraffic accidents.The distribution of spines proportion, relationship, through theunderstanding of accident responsibility and liability issues correctly,discard the falseand retain the true, is proposed to solve the problem;for many victims claim ininsurance within the scope of protection from the legal provisions and judicialpractice of the gap,based on existing law, to find effective ways to narrow the gap inthe judicial practice.Finally, the multi car crash program of compensation for damagein motor vehicle traffic accident.No duty motor vehicle party is listed as the or for anadditional CO defendant or the third party to participate in the proceedings.From thedefendant qualification of the judge, seeking both to protect no duty motor vehicleparty litigation rights and saving the cost of the solution.