1. Can a car roll over in a traffic accident?
If you are not satisfied with the determination of responsibility, you can apply for review. After the accident, the traffic police conducted an on-site investigation and divided the responsibilities and issued an accident liability determination letter. After getting the confirmation letter, they feel that there is new evidence to prove that the division of responsibilities is unreasonable, and they can go directly to the traffic police team for reconsideration. If you are not satisfied with the result of the reconsideration, you can also file a lawsuit directly with the court and ask the court to divide the responsibilities. The final decision shall be subject to the court's decision.
Second, after the traffic accident case is closed, can the conviction be overturned? Under what circumstances is this okay?
Theoretically it is possible, but it is difficult to do. The determination of traffic accidents is mainly based on the issuance of a traffic accident liability determination letter by the traffic police brigade. This determination was originally a specific administrative act, but when the Road Traffic Safety Law was formulated, the Ministry of Public Security insisted on including it as evidence, making it unable to accept administrative litigation supervision as a specific administrative act. In other words, liability for traffic accidents cannot be prosecuted. Therefore, there is no way to reverse the case and can only correct it through the internal supervision mechanism of the public security organ. The resistance can be imagined. The law gives the court the power to change the affirmation, but judges are not experts in traffic accidents. After a civil or criminal case is submitted to the court, the accident scene has been destroyed and the judge cannot collect evidence at the scene. Therefore, it is difficult to change the confirmation letter from the traffic police. This is why it is theoretically possible to reverse a traffic accident case after it is concluded, but it is very difficult to do so.
3. The parties involved in the traffic accident can sue if the case is not settled, and the specific procedures for suing.
(1) Prepare property preservation (optional). That is, whether it is necessary to conduct pre-litigation property preservation can be considered based on the specific circumstances. If the property is preserved before litigation, the lawsuit must be filed within 15 days after the preservation.
(2) Prepare civil complaint and evidence. Submit a civil complaint and evidence to the court based on the number of defendants plus one.
(3)
File a lawsuit in a court of competent jurisdiction. The court with jurisdiction is the court where the traffic accident occurred or the court where the defendant is located (if the defendant’s habitual residence is inconsistent with the defendant’s location, the court at the defendant’s habitual residence may also be the court with jurisdiction); if it is necessary to apply for a disability appraisal and three At this time, it can also be submitted to the filing court in the form of an application form.
(4) Submit the indictment and relevant evidence. If the case meets the conditions for prosecution, the court will accept and review the case. If it is deemed that the conditions for prosecution are met, the case will be filed within seven days and the parties will be notified.
(5)
Thus entering the preparatory stage before trial. The court will serve a copy of the complaint to the defendant within five days from the date of filing the case, and the defendant will submit a defense within 15 days after receiving the complaint. There may be a court that investigates and collects evidence at the request of a traffic accident lawyer and adds necessary co-litigants.
(6)
Trial stage. Before the trial, notify the parties and their traffic accident attorneys, announcing the name, cause of the case, court time, and location. After the court session, the clerk will ascertain the appearance of the case and announce court discipline. The presiding judge will check the status of the parties, announce the cause of the case, inform the judges and clerk of the litigation rights and obligations, and ask whether to apply for recusal. Then, it enters the first court investigation stage, where the parties or traffic accident lawyers make statements, witnesses testify, and witness statements are read out. Present documentary evidence, physical evidence, and audio-visual materials, read out the appraisal conclusion, read out the inspection transcript, enter the court debate period, the plaintiff or the traffic accident lawyer speaks, the defendant defends, the third party speaks or defends, the traffic accident and the other party debate each other, and the presiding judge solicits With the opinions of all parties, the trial phase is over.
The above is a detailed answer to the question of whether a traffic accident can be reversed. For us, in the process of handling traffic accidents, we can conduct reviews based on actual materials, but we must prepare some relevant evidence for processing.