Research On Damage Compensation In Road Traffic Accidents

Cases of compensation for damages incurred by road traffic accidents belong to one type of cases closely related to people's livelihood.According to the data of Shandong Province acquired by the writer,the number of traffic accident cases heard by the original court in 2012 was 79,232,89,902 in 2013,92,295 in 2014,94,221 in 2015,and 95,812 in 2016.The number of cases of compensation for damages incurred by road traffic accidents is increasing year by year,with the number of the cases accepted in Shandong Province alone having increased by 30.04% in the past five years.The increase is obviously quick.Cases of compensation for damages incurred by road traffic accidents are not only abundant,but also involve complicated legal relations,relating to the determination of infringement elements such as rules and principles,tort liability,compensation scope and so on.It is difficult to deal with them in practice.In case of a traffic accident,the less serious one brings property losses to the parties,and the serious one causes personal injury and death,and brings great pain to the parties and their families.The current Road Traffic Safety Law and Judicial Interpretation of Road Traffic Damage Compensation in China stipulate the relevant legal issues of road traffic accident infringement disputes.However,with the development of society and the emergence of new types of cases,many problems have not yet been solved in practice.The writer has been engaged in the trial of traffic accident cases in grass-roots courts.Based on the traffic accident cases,this paper makes a thorough analysis of the relevant controversial aspects in practice of how the people's court accurately defines road traffic accidents,principles of accident responsibility,and confirmation of tort liability of majority,etc.,and puts forward the author's suggestions.