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Research On Tort Liability Of Motor Vehicle Chain Collision Traffic Accident

Posted on:2020-07-13Degree:MasterType:Thesis
Country:ChinaCandidate:X Y ChengFull Text:PDF
GTID:2416330602961638Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Thousands of roads and frequent accidents have become more commor in traffic accidents.Compared with other general traffic accidents,the acciden process,the driver of the vehicle,and the result are obviously different,so it is difficult to solve it smoothly in practice.The consequences of the damage tha has occurred,how to reduce damage quickly and efficiently,and to avoic further damage are the key.As a special infringement dispute with strong practicality.The legal serial collision traffic accident does not lie in the infringemen method and the degree of harm.Instead,it should strictly apply the concept o"three or more traffic participants,the number of collisions is not less than two times",which is in line with the above two requirements.A serial traffic accident in the legal sense.When taking responsibility internally,the role o contact,fault,cause,and certificate for all damages shall be considered comprehensively according to the legal composition and actual situation,and each responsible person shall make reasonable compensation.In the commor hazard type traffic accident,the plaintiff does not bear the burden of proof and the defendant bears the burden of proof.The victim simply knows the implementation of the perpetrators who endanger the safety of his or he personal and property,but does not know who caused the damage.Becaus the lack of evidence proves that the difficulty is too large,it is easier for the defendant to bear the burden of proof.The insurance problem is not onlycontract issue but also an infringement issue.The provisions of the judicia interpretation are submitted to the insurance company as a co-defendant to participate in the lawsuit.When the infringer,the cross-border insurance and the commercial three-insurance company are simultaneously sued by the parties,the order of compensation for the first three risks will be imposed,and the insurance company shall not use the contract terms to exclude the joint liability.In order to provide the victim with the most comprehensive interest maintenance,it is proposed to increase the motor vehicle insurance coverage rate as much as possible.
Keywords/Search Tags:multiple motor vehicles collided, tort liability, common dangerous behavior, uninteresting contact with several people
PDF Full Text Request
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