What are the new provisions in the "Road Traffic Safety Law" for traffic accident handling - Hangzhou traffic accident legal consultation

by zjpjls312 on 2012-02-28 09:43:33

I. Respect for human life, stipulating the rescue obligations of parties involved in traffic accidents, traffic police, and hospitals to protect the safety of accident victims as much as possible. First, it is stipulated that the driver of the accident vehicle must immediately rescue the injured, and passengers, drivers of passing vehicles, and pedestrians should assist (Article 70, Paragraph 1). Second, it is stipulated that when traffic police arrive at the scene to handle the accident, they should first organize the rescue of injured people (Article 72, Paragraph 1). Third, it is stipulated that hospitals must promptly rescue the injured and must not delay treatment due to issues with rescue costs (Article 75).

II. Implementation of rapid handling of accident scenes. First, if a traffic accident occurs on the road without causing casualties and the parties have no dispute over the facts and causes, they can immediately leave the scene, restore traffic, and negotiate compensation matters themselves; if they do not immediately leave the scene, they should quickly report to the on-duty traffic police or the traffic management department of the public security organ (Article 70, Paragraph 2). Second, if a traffic accident occurs on the road causing only minor property damage and the basic facts are clear, the parties should first leave the scene before negotiating (Article 70, Paragraph 3).

III. Cancellation of liability determination, focusing on evidence collection. The traffic management department of the public security organ shall, according to the results of the accident scene investigation, inspection, investigation, and relevant examination and appraisal conclusions, promptly prepare an accident identification document as evidence for handling traffic accidents. The accident identification document shall specify the basic facts of the traffic accident, the causes, and the responsibilities of the parties, and deliver it to the parties involved (Article 73).

IV. Reform of relief channels for traffic accident compensation. Besides self-negotiation and claims to insurance companies, mediation by the traffic management department of the public security organ is no longer a prerequisite for civil litigation. Instead, it is stipulated that for disputes over accident damages, the parties may request the traffic management department of the public security organ to mediate, or directly file a civil lawsuit with the People's Court (Article 74).

V. Legal provisions for off-road accidents. It is stipulated that accidents occurring when vehicles are traveling outside of roads shall also be handled in accordance with the regulations for traffic accident handling after the traffic management department of the public security organ receives the report (Article 77).

VI. Redefinition of the concept of traffic accidents, expanding the scope of road traffic accidents. Compared with the definition of road traffic accidents in the current "Methods for Handling Road Traffic Accidents", the new definition has obvious changes: First, traffic accidents can not only be caused by specific individuals violating traffic management regulations but also by irresistible natural disasters such as earthquakes, typhoons, floods, and lightning strikes. Second, the definition and meaning of traffic accidents are basically in line with international standards.

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