Research On The Rule Of Civil Liability On Traffic Accident Among Motor Vehicles

Under normal conditions,hearing the case of liability on traffic accident should certain the duty first,and then calculate the amount of compensation.When we need to certain the duty,we will be according to the accident recognition letter made by traffic police.When we calculate the loss of injured party,we will make the person of full liability compensate all the lose,and the main liability compensate seventy per cent,and coequal liability fifty per cent,secondary liability thirty per cent.This method is easy to use,and every part including insurance company(Commercial insurance of The-third Liability)will all accept.Based on this,Court change the accident recognition letter and the liability ratio.This mothed is reasonable when there are only one car and one person out of the car or in another car,or two cars in the accident causing two persons or the cars injured.The reason is that all the loss are made by one collision,the accident process and responsilility will be clear after site investigation made by traffic police,so court use the letter to make the judgment.In the case of two motor vehicles,the judgment of court usually is according to article 12 in <Law of the People’s Republic of China on Tort Liability>,and calculate liability ratio of the loss.But this mothed will be imprecise when the accident is made by several motor vehicles.In <Comprehension and application to Judicial Interpretation of The Compensation Case of Traffic Accident Supreme People’s court >by civil court No.1 in Supreme People’s court,it has talked about how to apply article 12.Vehicle A cut pedestrian because of overspeed,and then the pedestrian was knocked down by vehicle B,the damage was made by two vehicles.If the reason and fault can be certained between the vehicles,the liability can be curtained because of the degree.If we cannot know the degree,we can equally divide.That is to say,all of the loss of the people outside the vehicle,will be compensated by the drivers by shares.But this method is unreasonable and illogic when two vehicles make different wastage on one body respectively,or the wastage cannot be divide between the vehicles.Traffic police often donot give the accident recognition letter or only give an accident certificate when they deal case in the several vehicles accident,in especial the injured passengers have fault or several vehicles make some people outside injured.For example,vehicle A impact vehicle B,and then vehicle A impact vehicle C,several people and the three cars all be damaged;Another example,vehicle A impact pedestrian B down,and then vehicle C rolling him;Another example,vehicle A、B and C are waiting at road junction,vehicle D rear-end them,and then all the cars and passengers were hurted;For example,vehicle A impact vehicle B,and the passenger is throwed out of B,and then Vehicle C impact him.In above cases,whether there is the letter,we should not use it as the judge basis,because the traffic police make the letter without paying attention to the questions,such as fault in civil law、factor beyond litigant、whether there are several accident or not.The letters reflect the time、place、action、process,not the repartition of liability for compensation.Court should make decision according to the fault of litigant,treating the letter as a block or taking it as sufficient basis is wrong.