On The Participation Degree Of Injury In Personal Injury Compensation Cases In Road Traffic Accidents

Along with rapid economic development and increasingly complicated social life,the facts,among the personal injury compensation in road traffic accidents,that resulting in some legal effects like victims' death and disability are often intricate,which are not only the accident trauma but also relevant to the victim's own constitution and preexisting disease.Identical damages are cased based upon the interaction of all of these factors.Under this circumstance,it is a quite controversial argument whether to consider injury contributory out of necessity.Due to the lack of laws and regulations to clarify the degree of injury contributory,judicial criteria is inconsistent in practice,giving rise to the dissimilarity verdict in the same kind case,which affects the judicial authority.To solve this problem,this article starts with the concept of road traffic accident and injury contributory,and induces the problem of injury contributory in application,namely that the definition of injury liability,accident responsibility and compensation liability is vague;compensation items are not clear and that the assessment criteria for injury contributory are unreasonable.Based on the theoretical analysis of the application of injury participation at home and abroad,and in-depth elaboration of whether specific compensation items are applicable,some relevant suggestions are propounded.Firstly,it is necessary to distinguish the liability of injury,accident liability and compensation liability in judicial practice.Furthermore,both the cause of the accident and the victim's fault should be considered.Besides,the application of compensation items needs to be determined in accordance with the actual situation.Last but not the least,it is high time that the departments concerned made some rational assessment criteria for injury contributory as soon as possible to unified judicial practice.