According to the above-mentioned laws and regulations, we can see that the proportion of responsibility borne by motor vehicles is different under different circumstances, which can be analyzed one by one.
There are no violations in motor vehicles and non-motor vehicles.
In the absence of fault of both parties, if a motor vehicle collides with or kills a pedestrian, it shall bear civil liability without criminal liability.
Some people may say, since motor vehicles have no responsibility, why should they be liable for compensation? This is mainly because there is no fault on the part of pedestrians, and there is no intentional injury by motor vehicles. Therefore, according to the above-mentioned laws and regulations, motor vehicles should bear no-fault compensation liability not exceeding 10%.
Then through this situation, we can derive two situations:
Pedestrians are not at fault, and motor vehicles violate the rules.
In this case, if a motor vehicle kills a pedestrian, the motor vehicle party shall bear criminal responsibility, that is, the crime of causing traffic accidents. Speaking of this, you may find that it is also death, but because of the different faults of motor vehicles, the results are different.
If the motor vehicle doesn't violate the rules, even if it kills someone, it doesn't have to bear criminal responsibility, only civil responsibility. However, if a motor vehicle kills a person in violation of regulations, it is a major event and a traffic accident crime. Therefore, the biggest difference between civil liability and criminal liability is whether the motor vehicle party violates the rules. So everyone must not violate the rules when driving, otherwise the consequences will be very serious.
In the third case, the motor vehicle did not violate the rules, and the pedestrians violated the rules.
This situation is actually the same as the result of the first situation. Although the motorist was not at fault and the pedestrian was at fault, he just violated the rules and didn't deliberately let the car hit him. The motor vehicle party still has to bear no more than 10% of the civil liability for compensation. To give a simple example: if a pedestrian runs a red light and is killed by a car, then the motor vehicle side still has to bear no more than 10% of the responsibility.
In the fourth case, the motor vehicle did not violate the rules, and the personnel deliberately let the motor vehicle hit.
This kind of situation is usually that a person commits suicide on the road, stands in the middle of the road and accidentally kills a motor vehicle. In this case, the motor vehicle is not liable for compensation. On the contrary, if a pedestrian commits suicide and causes losses to the motor vehicle, the motor vehicle can also let the pedestrian make compensation.
This situation is different from pedestrians running red lights and being hit by cars. Although some pedestrians broke the rules and made some mistakes when they ran the red light, they didn't want to be killed by a car. In the fourth case, the purpose of pedestrians is to be killed by a car. The subjective will of these two pedestrians is different, and the responsibility of motor vehicles is also different.
Extended data
Article 53 of the Road Traffic Safety Law of the People's Republic of China: If a motor vehicle and a non-motor vehicle driver or pedestrian have a traffic accident, resulting in personal injury or property loss, the insurance company shall make compensation within the limit of compulsory motor vehicle traffic accident liability insurance. If the owner or manager of a motor vehicle fails to participate in compulsory motor vehicle traffic accident liability insurance, the owner or manager of the motor vehicle shall bear the compensation liability equivalent to the limited liability of compulsory motor vehicle traffic accident liability insurance.
For the part exceeding the limit, the motor vehicle party shall be liable for compensation; However, if there is evidence that non-motor vehicle drivers and pedestrians violate the laws and regulations on road traffic safety and the motor vehicle drivers have taken necessary measures, the motor vehicle party shall be liable for compensation in accordance with the following provisions:
(1) If the non-motor vehicle drivers and pedestrians bear full responsibility for the accident, the motor vehicle party shall bear no more than 10% of the compensation liability;
(two) non motor vehicle drivers and pedestrians bear the main responsibility for the accident, and the motor vehicle party shall bear 40% of the liability for compensation;
(three) non motor vehicle drivers and pedestrians bear the same responsibility for the accident, and the motor vehicle party shall bear 60% of the liability for compensation;
(four) non motor vehicle drivers and pedestrians bear secondary responsibility for the accident, and the motor vehicle party shall bear 80% of the liability for compensation;
(five) motor vehicle parking, temporary parking does not violate the provisions of road traffic safety laws and regulations, and road traffic accidents with non-motor vehicle drivers and pedestrians, the motor vehicle side will not be liable for compensation.