A traffic accident occurs
Not intended
The hit-and-run was deliberate
In the event of a road traffic accident
Don't leave anything to chance
Select Escape
At about 6 o'clock on June 21, 2024, when Cheng drove an unlicensed two-wheeled motorcycle from west to east along Le'an Avenue to the east side of the entrance of Huasheng Rubber Co., Ltd., he had a traffic accident with Li Moumou, who was walking from west to east along Le'an Street.
Li Moumou was injured and the vehicle was damaged. After the accident, Cheng abandoned the car and fled, and it was determined that Cheng assumed full responsibility for the accident.
According to the relevant provisions of the "People's Republic of China Road Traffic Safety Law", Cheng was given an administrative fine of 3,000 yuan and 15 days of administrative detention for the traffic violations of driving a motor vehicle without a driver's license and traffic hit-and-run.
Guangrao traffic police tips
After the accident
"Running" will not solve the problem
Hit-and-run accidents must be held accountable
Call the police in time
Minimize the loss of personnel and property
It's the right choice!
Hit-and-run consequences
1. The traffic offender will be fully responsible
According to Article 92 of the Regulations for the Implementation of the People's Republic of China Road Traffic Safety Law, if a party escapes after a traffic accident, the party who escapes shall bear full responsibility. However, if there is evidence to prove that the other party is also at fault, the liability may be mitigated. Where parties intentionally destroy or falsify the scene or destroy evidence, they bear full responsibility.
In some hit-and-run traffic accidents, the driver may only bear secondary responsibility or even no responsibility, but if the responsibility for the traffic accident cannot be determined because of the escape, the driver will have to bear all the responsibility for the traffic accident.
2. Traffic hit-and-run will be paid out of pocket
According to the Civil Code of the People's Republic of China and the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, if the vehicle involved in the accident is insured by vehicle insurance, after a traffic accident, the insurance company has the obligation to pay the compensation in advance. However, if the vehicle involved in the accident escapes, according to the "Insurance Contract", the insurance company will no longer bear the insurance liability, and will only compensate the victim within the scope of compulsory traffic insurance, and the insufficient part can only be paid by the car owner himself.
3. The legal consequences of traffic hit-and-run are huge
In accordance with the provisions of relevant laws and regulations, if the driver of a motor vehicle escapes after causing a traffic accident, or escapes after causing a traffic accident that causes minor injuries or property damage, and it does not constitute a crime, 6 points shall be deducted, and the traffic management department of the public security organ shall impose a fine of not less than 200 yuan but not more than 2,000 yuan, and may be detained for up to 15 days. Where a person escapes after causing a traffic accident that causes minor injuries or death, and does not constitute a crime, 12 points shall be deducted, and the traffic management department of the public security organ shall impose a fine of not less than 200 yuan but not more than 2,000 yuan, and may be detained for up to 15 days.
According to Article 101 of the People's Republic of China Road Traffic Safety Law, if a major traffic accident occurs in violation of the provisions of road traffic safety laws and regulations, which constitutes a crime, criminal responsibility shall be investigated according to law, and the motor vehicle driving license shall be revoked by the traffic management department of the public security organ.
If a person escapes after causing a traffic accident, the traffic management department of the public security organ shall revoke the motor vehicle driver's license, and shall not re-obtain the motor vehicle driver's license for life.
4. The crime of traffic accidents and escape is aggravated
According to Article 133 of the Criminal Law of the People's Republic of China, anyone who violates traffic and transportation management regulations and thus causes a major accident, causing serious injury or death or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.