In real life, the red light is no stranger to us. The red light of motor vehicles is relatively rare, pedestrians and electric vehicles have a relatively weak sense of safe traffic. Then when a normal motor vehicle hits a pedestrian with a red light, how should the responsibility be divided? How can the insurance be compensated?
Relevant laws and regulations At present, there is still considerable controversy in the legal community regarding the occurrence of a traffic accident on a sidewalk zebra crossing when a pedestrian is running a red light. According to past judgments, traffic accidents and accidents on zebra crossings are generally more biased towards the weak.
According to the Road Traffic Safety Law, when a motorized vehicle crosses a pedestrian crossing, it shall decelerate; when a pedestrian is passing a crosswalk, it shall stop and give way. When a motorized vehicle passes a road without a traffic light, it shall cross a road and shall avoid it.
Article 76 of the "Road Traffic Safety Law" stipulates that if a motor vehicle accident causes personal injury or death or property damage, the insurance company shall pay compensation within the scope of the motor vehicle third-party liability compulsory insurance liability limit. The following provisions bear the liability for compensation:
(1) In case of a traffic accident between motor vehicles, the party in fault shall bear the liability for compensation. If both parties are at fault, they shall share responsibility according to the proportion of their respective faults.
(2) If there is a traffic accident between a motorized vehicle and a non-motorized driver or a pedestrian, if the non-motorized vehicle driver or a pedestrian is not at fault, the motor vehicle shall bear the liability for compensation. There is evidence that the non-motor vehicle driver and pedestrian are at fault. Depending on the degree of fault, the vehicle’s party’s liability shall be appropriately mitigated. If the vehicle’s party is not at fault, it shall not be liable for more than 10% of the liability.
In other words, in addition to the legally explicit “even if the pedestrian is fully responsible, the motor vehicle still has to bear 10% responsibilityâ€. If the circumstances are serious, it may increase the proportion of the motor vehicle’s responsibility and protect the weak.
So, whether or not the full responsibility of the pedestrians, motor vehicle owners have to lose money. It's just a matter of how much it's lost. This is for the protection of the weak. When the original test driver's license had a theoretical test, the driver would have to slow down and drive cautiously at intersections, zebra crossings, etc.
Pedestrians are killed by vehicles. Generally speaking, it is the pedestrian who bears the primary responsibility and the driver has secondary responsibility. Except special conditions such as drunk driving.
About losing money, there are the following situations:
Drivers are not insured even if they pay strong insurance, then the owner needs to pay for the compensation within the scope of their own responsibility, the driver insured the strong insurance, then first by the insurance company to lose money, not enough part of the driver's own compensation; the driver insured the strong insurance and commercial insurance Then, based on the secondary responsibility, it is basically enough for the insurance company to pay.
To give a simple example, suppose the driver only pays a strong risk insurance and kills the person. The total amount of compensation is 800,000, the responsibility of pedestrians is 90%, and the driver is 10%. Then the maximum payment amount of 110,000 will be paid by the TAC Insurance first. If you fail to buy a strong insurance, you will be paid by the driver yourself 80 x 0.1 = 80,000 yuan. Whether you are a driver or a pedestrian, you must abide by the rules. For pedestrians, we must obey the traffic rules. People are flesh and blood. The car is the body of steel. The probability of a person being killed is very high. For the driver, drive carefully at the intersection, meet pedestrians crossing the road, slow down to the slowest, regardless of the division of responsibility, human life, life can not be repeated!
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