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AISSUE

Your AISSUE, our solutions.

Tag: Car accident

  • A hit-and-run legal penalty for a car accident?Think if no one gets hurt, leave the scene, do you touch the law?

    A hit-and-run legal penalty for a car accident?Think if no one gets hurt, leave the scene, do you touch the law?

    Today’s question about road traffic @issue is about “how to identify the illegal elements of a hit-and-run after driving a car on the road and riding a locomotive in a car accident?”Does it take the law to leave the scene casually when you identify as a non-perpetrator?

    Legal definition of hit-and-run

    According to the 第185-4条 of the criminal Law of the Republic of China, we can know that the law of hit-and-run is defined as “driving a power vehicle, causing death, injury and escape.””In other words, as long as a person dies or is injured in a car accident, the vehicle driver’s departure from the scene can be considered a hit-and-run.

    Is the determination of “hit-and-run” related to the “liability for the accident”?

    According to the judgment of judicial practice, “the legislative intent of the crime of hit-and-run is to punish the motorists who escape after the accident, so as to maintain traffic safety, strengthen the rescue, reduce the death and injury of the victims, and promote the immediate rescue of the victims or other necessary measures after the accident, so as to reduce the unnecessary casualties caused by the delay Therefore, the establishment of the crime only with the perpetrator has the driving force of the vehicle accident, causing death and injury and escape of the fact that the perpetrator has no fault about the accident and the reasons for his departure, it is not asked.”In other words, as long as there is a car accident, whether or not they have responsibility for the accident, they have to stay at the scene and send the injured to medical care, otherwise it may constitute a crime.”

    However, the frequent controversy is that no one was injured or killed after the crash, at which point the crash driving away is a hit-and-run?

    Although the traffic accident case of damage to the vehicle is not in accordance with the requirements of the criminal law 第185-4条 “the crime of hit-and-run”, but according to the Road Traffic Management Penalty Ordinance 62nd, item 1th, “car driver driving a car accident, no one injured or killed without the required disposal, NT $1,000 or more 3, A penalty of absentia of less than 000 yuan; The getaway and suspended his driving licence for 1 months to 3 months.”There is also no statement that the link is related to the liability for the accident, and invoking is still likely to be punished for breaching the rules.

    Penalty and penalty for “hit-and-run”

    The criminal Law of the Republic of China 第185-4条: “Driving power vehicles, causing death, injury and escape, for more than 1 years and less than 7 years of imprisonment.”」

    Road Traffic Management Penalties Ordinance 62nd, item 1th: “A car driver who is involved in a car accident, no one is injured or dies and who has not been disposed of in accordance with the provisions of NT $1,000 and above 3,000 yuan is fined absentia; the getaway person, and suspended his driving licence for 1 months to 3 months.”, in the same article, item 4th:” If the driver of the preceding motorist causes injury and escapes, revoke his driving licence, and the fugitive who causes serious injury or death, revoke his driving licence and shall not be admitted again. “」

  • How to distinguish the size of accident liability when there is a traffic accident at the intersection of the fork?

    How to distinguish the size of accident liability when there is a traffic accident at the intersection of the fork?

    Today, the @issue of road traffic is about "traffic accidents at the intersection of intersections, how to distinguish the size of accident liability?" 」

    The distinction of responsibility for traffic accidents should be based on the size of road traffic safety rules, according to Regulation 102th

    1. When a car travels best friend a fork in the road, it should abide by the direction of the light sign or the command of the traffic conductor, and when the command of the traffic conductor and the light number are used, the command of the traffic commanding officer shall prevail.
    2. A fork in the road where there is no sign or log failure without the command of a traffic conductor:
      • Feeder lanes should be suspended to allow trunk lanes to advance.
      • No logo, marking or sign division of dry, Feeder road, less lane should be suspended to let the multi-lane first.
      • The number of lanes is calculated to enter the lane of the intersection, including the fast lane, the slow lane, the left and right lane, the special lane of the vehicle type, the locomotive priority road and the transfer lane.
      • However, as indicated in circular No. 0990027472 of the Ministry of Transport of April 22, 99, the calculation of the number of lanes is based on the actual lane of the driver's driving direction into the fork in the road, rather than on the two-way lane of the roads as the calculation range.
      • When the number of lanes is the same, the turning car should be suspended for direct driving, and the same for direct driving or turning cars, the left side of the car should be suspended to allow the right side of the car first.
      • When traffic congestion, the two-way vehicle with the other side should be suspended in front of the stop line for mutual comity, interactive rotation.

    In addition, in the event of a traffic accident, if the main road car is still far from the junction, the road car has entered the junction only by the trunk road car collision, whether the responsibility is after entering the junction of the main road car larger?

    According to the No. 06726 letter of the Highways Department of the Ministry of Transport on the August 21, 69, the feeder road is required to suspend the priority passage of vehicles on the main road, and when it is safe, it is necessary to turn into the main road or go straight through the main road, and no trunk road is 50 or 100 meters away from the intersection. , the road car can be exempted from its preferential access provisions.

    As a result, the road car collided with the trunk truck, still not allowed to enter the junction because of the their precursors, and claimed responsibility to enter the junction of the trunk road car.

  • What accident data can I apply to the police in a traffic accident?

    What accident data can I apply to the police in a traffic accident?

    The problem with traffic @issue today is about "what accident data can the parties apply to the police authorities after a traffic accident on the road?"」

    Under article 13th, item 1th, of the Road Traffic accident treatment scheme, a person or interested party in a road traffic accident case (for example, an insurance company responsible for the settlement of a car accident) may apply to the police for access to or provision of relevant information during the following periods:

    1. The scene of the accident has to apply for the "Registration of Parties for road traffic accidents".
    2. After 7th of the accident, you have to apply for a view or provide "site map", "Live Photos".
    3. After 30th of the accident, you have to apply for a "preliminary analysis and analysis form for road traffic accidents".

    In addition, parties or stakeholders in traffic accident cases may apply for "site Map", "Live Photos" and "on the" police Department's Global Information Network: Requests for traffic accident data and progress enquiries on bid cases ". Traffic Accident preliminary analysis and Analysis table "and other accident data, and can be designated near the branch or traffic (large) team pickup, online at the same time to provide the application progress query function.