Cross the road a few meters. Zhu Xiao, the driver of Fuyang Environmental Sanitation Department, knocked down Xiao Li with an unlicensed garbage truck. Xiaoli died on the spot. The traffic accident responsibility confirmation issued by the traffic police said that the bus driver got off the bus illegally at the intersection, and the truck driven by the truck driver Zhu Xiao failed the annual inspection and the brakes failed to meet the standard. When he found that a CMB passenger got off the bus, he was negligent and died. They are both responsible. But the accident was related to Xiaoli's blind crossing the road. Xiaoli herself bears the main responsibility, and the bus and truck drivers are secondary. I refuse to accept it. I went to the court several times last year and wanted to go to court. However, the court stated that the determination of traffic accident liability did not fall within the scope of the case accepted by the court, and all the rulings were inadmissible. In May this year 1 After the implementation of the Road Traffic Safety Law, Zhu Xiao, the owner of the truck, Fuyang Environmental Sanitation Department and the driver of the bus were brought to court together, demanding that they bear 80% of the death compensation, plus 60,000 yuan of mental damage compensation, and * * * claimed 279,294.5 yuan, and also demanded a new judgment of responsibility and an increase in the amount of compensation. Lawyer's statement: In the past, when the court tried the car accident compensation lawsuit, it was often based on the responsibility letter made by the traffic police to determine the compensation amount. The person who is mainly responsible for the accident should bear most of the losses, otherwise the compensation amount is small. Before the implementation of the Road Traffic Safety Law on May 1 this year, if the parties to the accident refuse to accept the responsibility determination, they may first apply to the traffic police at the next higher level for re-determination. According to the provisions of the Administrative Procedure Law, if you are not satisfied with the new determination, you can also file an administrative lawsuit and request the court to order the traffic police to re-determine the responsibility for the accident. However, the Supreme Court and the Ministry of Public Security have issued the "Notice on Handling Road Traffic Accident Cases", demanding that the responsibility letter be excluded from the scope of accepting administrative litigation cases. Therefore, in practice, it is difficult to accept administrative proceedings against accident liability determination. If a party refuses to accept the determination of responsibility, he may bring a lawsuit directly to the court. After investigation, the court may not adopt the opinions of the accident certificate and re-divide the responsibilities. If the responsibility is re-divided, it will not only affect the compensation, but also directly determine whether the driver involved in the accident will be investigated for criminal responsibility. According to the criminal law, if a car accident causes one person to die or seriously injure more than three people, and the driver bears the main or full responsibility, it belongs to the crime of causing traffic accidents and is sentenced to fixed-term imprisonment of not more than three years or criminal detention. In this case, if the court finds that Zhu Xiao is mainly responsible for the accident, he is likely to be sentenced. If Zhu Xiao refuses to accept the first-instance judgment of the court, he can appeal to a higher court and ask for a new judgment.
Legal objectivity:
Article 73 of the Road Traffic Safety Law, the traffic administrative department of the public security organ shall, according to the on-site inquest, inspection, investigation and relevant inspection and appraisal conclusions of the traffic accident, make a traffic accident identification in time as evidence for handling the traffic accident. The traffic accident certificate shall state the basic facts, reasons and the responsibilities of the parties, and shall be served on the parties. Seventy-fourth traffic accident compensation disputes, the parties may request the traffic administrative department of the public security organ for mediation, or directly bring a civil lawsuit to the people's court.