Chapter 3 Determination of Responsibility
Article 17: After identifying the cause of a traffic accident, the public security organ shall determine the cause and effect of the traffic accident based on the causal relationship between the party’s illegal behavior and the traffic accident and the violation of the law. The role of behavior in traffic accidents determines the liability of the parties involved in the traffic accident.
If the party violates the rules and the violation is causally related to the traffic accident, he shall bear the liability for the traffic accident. If the party concerned has not committed any illegal act or has committed any illegal act, but there is no causal relationship between the illegal act and the traffic accident, he shall not bear liability for the traffic accident.
Article 18 Traffic accident liability is divided into full liability, primary liability, equal liability and secondary liability.
Article 19: If a traffic accident is caused by a party’s violation, the offending party shall bear full responsibility, and other parties shall not bear liability for the traffic accident.
If the illegal acts of both parties cause a traffic accident* * *, the party that played a greater role in the traffic accident shall bear the primary responsibility, and the other party shall bear the secondary responsibility; violations have basically the same role in the traffic accident , both parties bear equal responsibilities.
If the illegal acts of three or more parties jointly cause a traffic accident, the responsibilities shall be divided according to the role of their respective illegal acts in the traffic accident.
Article 20 If the party concerned escapes or intentionally destroys, falsifies the scene, or destroys evidence, resulting in the liability for a traffic accident being unable to be determined, he shall bear full responsibility.
Article 21 If the party concerned fails to report the case if he has the conditions to do so, or fails to report the case in a timely manner, resulting in the inability to determine liability for the traffic accident, he shall bear full responsibility.
If the party concerned fails to report the crime or fails to report the crime in time, resulting in the liability for the traffic accident being unable to be determined, he shall bear equal liability. However, if a traffic accident occurs between a motor vehicle and a non-motor vehicle or a pedestrian, the motor vehicle party shall bear primary liability, and the non-motor vehicle party or pedestrian shall bear secondary liability.
Article 22 If a party concerned is dissatisfied with the determination of responsibility for a traffic accident, he or she may apply to the higher-level public security agency for re-determination within fifteen days after receiving the determination of responsibility for the traffic accident; After the application is recognized, a decision to maintain, change or cancel shall be made within 30 days.
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Although your sister crossed the road diagonally, the driver was a drunk driver. I suggest you find a lawyer!
Good luck!
I hope my answer is helpful to you.