Tort Liability Of Multiple Automobile Collision Accident

Multiple automobile collision accident is more complex type of traffic accident than normal. There are some characteristics including complicated situation of accident, lots of tort-feasors and lots of subjects with responsibility of infringement damage compensation. The right cognizance and appropriate resolution of the problems relating to tort liability of multiple automobile collision accident is more difficult and complicated than normal because of these characteristics of this type of accident. Because there are lots of parties involved in the cases of multiple automobile collision accident, there will be undesirable social influence if responsibility of infringement damage compensation in the accident can not be distributed fairly and reasonably. Therefore it is indispensable for discussing and analyzing the problems related to tort liability.This paper is in terms of tort liability of multiple automobile collision accident from beginning to end, based on the types of tort and tort liability as logical starting point, and analyze in one-part tort, carrying out dangerous behavior and lots of-parties tort without connecting in multiple automobile collision accident frequently about the types of tort, the constitutive requirement and responsibility corresponding. The goal of analyzing above is to the type of tort in multiple automobile collision accident form other types of tort except for joint tort deliberately, and different type of tort has different forms of the responsibility. In addition, the right analysis in the types of tort and tort liability is precondition and basis of cognizance of subject of tort liability behind and distribution of responsibility of infringement damage compensation. Therefore we must pay attention to these problems.It is analyzed that the relevant problems about cognizance of subject with responsibility of infringement damage compensation in the accident on the basis of the correct analysis of the type of tort and relevant constitutive requirement and responsibility. It is not sure that the parties have legal relationship with each other in the accident for the multiple automobile collision accident which contains complex situation. So it is advocated that we should divide the whole accident into several parts particularly according to the fixed method, and in practical terms we ought to divide the whole accident into several different sub-accident so that it is assured that the parties of the sub-accident all have legal relationship with each other. Thus it can avoid that the responsibility of infringement damage compensation appearance among the parties who don’t have any relationship based on the whole accident. In addition, there are so many parties involved in the multiple automobile collision accident, including subject of accidental responsibility, subject of tort responsibility and subject with responsibility of infringement damage compensation. It is easy considerably to mix up among the different legal responsibility subjects if we don’t divide the parties into several sections according to different types. And this kind of confusion may make a difference to the cognizance about the subject of tort liability. Therefore it is considered that it is indispensable to differentiate every types of legal responsibility subjects strictly.In addition, there is analysis about that two aspects of difficult problems involved in Automobile Traffic Accident Third Party Liability Compulsory Insurance of infringement damage compensation in the multiple automobile collision accident. The stipulation about Non-responsibility Indemnity in the Automobile Traffic Accident Third Party Liability Compulsory Insurance(Auto TPL Compulsory Insurance) has been disputed questions since it appearance. And the viewpoints which objecting the application of Non-responsibility Indemnity indicate that in fact the application of Non-responsibility Indemnity means that paying for damages of their behaviors at the expense of the benefit of insurance company itself. In spite of that nevertheless, the system of Non-responsibility Indemnity have values in aspects of systems, which is to guarantee the benefits of victims. Non-responsibility Indemnity do work well in aspects of remedy. But there are shortages in the specific application of Non-responsibility Indemnity, which remains to be perfected. The distribution of responsibility of infringement damage compensation between insurance company each other often tend to be more intractable section in juridical practice. There are many insurance companies involved in the multiple automobile accident always, including insurance company of the automobile with responsibility and the automobile of Non-responsibility. The fore-passed method of distribution of infringement damage compensation is tend to be unfair, though the traditional method has characteristics in simple operational process and high-efficiency work. It is because that the distribution of mixing the parties relating the key responsibility, parties relating the secondary responsibility and parties related to non-responsibility doesn’t conform to the psychological anticipation of the public. This paper argues that we should make the distribution between insurance company with each other according to different size of liability of accident. Although this method seems more complex, we can guarantee fairness of the result of distribution to some extent. And the benefits of all the Insurance Company are treated to balance.