Speeding violates the Road Traffic Safety Law of the People's Republic of China. Therefore, in the event of a traffic accident, the division of responsibilities should be based on the accident certificate issued by the traffic control department. Under normal circumstances, the party who violates traffic regulations should bear all the responsibilities. If both parties violate the rules, the division of responsibilities shall be based on the fault of both parties. The division of traffic accident liability has the following situations:
1. If a road traffic accident is caused by the fault of one party, it shall take full responsibility;
2. If a road traffic accident occurs due to the fault of two or more parties, they shall bear the primary responsibility, equal responsibility and secondary responsibility respectively according to the role played by their actions in the accident and the severity of the fault;
3. Neither party is at fault for causing the road traffic accident. If it is a traffic accident, neither party is responsible.
The difference between drunk driving and traffic accident crime is as follows:
1. Subjectively, the crime of causing traffic accidents is a negligent crime, and the crime of drunk driving is a deliberate crime. Dangerous driving behavior made by drunk drivers, knowing that it will cause harmful results to the public and other people's lives and property, deliberately hope or let the harmful results happen. The crime of causing traffic accidents is a serious consequence caused by the actor's illegal behavior in violation of traffic regulations. The actor should have foreseen the serious consequence, but his negligence could not have been foreseen, or although he could have foreseen it, his credulity could have been avoided.
2. The crime of causing traffic accidents is objectively a consequential crime, while drunk driving is an abstract dangerous crime. As long as the perpetrator carries out dangerous driving behavior (driving a motor vehicle on the road after being drunk), regardless of the consequences, it constitutes the crime of dangerous driving. In the crime of causing traffic accidents, it must be a violation of traffic laws and regulations, causing major accidents, causing serious injuries, deaths or heavy losses of public and private property;
3. The scope of application is different. The scope of traffic accident crime is wider than that of drunk driving crime, and traffic accident crime occurs in all transportation fields. Drunk driving is limited to the field of road traffic in land traffic.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 2 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Traffic Accident Criminal Cases.
Traffic accidents in any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention:
(a) one person died or more than three people were seriously injured, and they were fully or mainly responsible for the accident;
(2) An accident in which three or more people died and were equally responsible;
(3) Causing direct losses to public property or other people's property, and being wholly or mainly responsible for the accident, and being unable to compensate for the amount of more than 300,000 yuan.
If a traffic accident causes serious injuries to more than one person, and bears all or the main responsibility for the accident, and has one of the following circumstances, he shall be convicted and punished for the crime of traffic accident:
(a) driving a motor vehicle after drinking or taking drugs;
(2) Driving a motor vehicle without driving qualification;
(three) driving a motor vehicle knowing that the safety device is incomplete or the safety components are out of order;
(4) Driving with knowledge of unlicensed or scrapped motor vehicles;
(five) serious overload driving;
(six) to escape from the scene of the accident in order to escape legal investigation.