Road Traffic Accidents Identified In The Contributory Negligence

Offset of negligence is an important principle in the modern civil law. It is used bymany countries in the traffic accident compensation for damage, and it is also a methodunder the premise of admitting that the offender should bear the responsibility forcompensation to ease the responsibility for compensation. The core of offset ofnegligence is just, using the offset of negligence in the process of dealing with thetraffic accident compensation for damage can reasonably allocate the burden ofresponsibility, avoid to bringing the consequence of damage to the others because ofones fault, and in the end carry out justice principle, and promote the justice of societyjustice. The offset of negligence in the road traffic accident liability for tort is an systemthat the victim has the negligent act in the happening or expansion of the traffic accident,and lighten or exempt the liability for compensation of the offender. After the case oftraffic accident is bring to the court, if the victim brings to the happen of the accident,the court will think to use offset negligence. But there is no law about the offsetnegligence to better deal with the case, and a traffic accident issue involves the trafficpolice,the insurance company,the court and the both parties which bring somedifficulties to the court on how to deal with the case of traffic accident,so that usingoffset negligence to deal with the case of traffic accident become a difficulty to the court.This articles will discuss some problems which found in using offset negligence to dealwith traffic accident. And the author put forward some opinions on the problem, andsome advises to the judicial office,and help the judicial office better distinguish bothparties’responsibilities and reasonably distribute both parties’the amount ofcompensation when they deal with the case of traffic accident, and in the end promotethe social fairness and justice.