Here comes the truth丨If you didn’t hit me, you don’t have to pay compensation? "No-contact" traffic accidents, these situations require responsibility
In daily travel, if you don’t hit someone, you don’t need to be held responsible? ’ This is a common misunderstanding among many drivers when facing ‘no-contact’ traffic accidents. This type of "no crash, but compensation is required" traffic accidents often cause great controversy in the division of responsibilities, and have also become a common difficulty in traffic control departments and judicial practice. Who will be held responsible for ‘no-contact’ traffic accidents? Let’s take a look at a recent case heard by the Beijing No. 2 Intermediate People’s Court.
In March this year, Wang was riding an electric bicycle while drunk and was traveling from west to east. Suddenly, Li was riding an electric bicycle and turned from south to west and drove in the opposite direction. Wang discovered a vehicle going in the opposite direction and braked urgently. The vehicle lost control and overturned during the braking process. Wang was injured and the vehicle was damaged.
He Jianglong, assistant judge of the Sixth Civil Division of the Beijing No. 2 Intermediate People's Court: Wang fell and was injured and was hospitalized. He incurred medical expenses and other losses totaling more than 50,000 yuan. The traffic police determined that Wang was secondary responsible for the accident and Li was primarily responsible. Later, Wang sued Li for compensation for various losses.
Li believes that there was no physical collision between the vehicles driven by both parties, and that Wang made multiple mistakes such as being distracted while riding, which was the main reason for the fall and injury. Wang himself should bear all or major responsibility. The court held that the fact that the vehicles driven by both parties did not cause any physical collision did not exempt Li from liability in the traffic accident involved in the case.
He Jianglong, assistant judge of the Sixth Civil Division of the Beijing No. 2 Intermediate People's Court: Based on the video of the incident in this case and the traffic police's accident determination letter and other relevant evidence, it can be determined that Li's illegal behavior of driving in the opposite direction was the main reason for Wang's fall. At the same time, Wang was at fault for being distracted while riding an electric bicycle while drunk, and Li's responsibility should be reduced. After comprehensive consideration, the court ruled that Li should bear 70% of the liability for compensation, and Wang should bear 30% of the liability.
Focus of controversy: Why is there no contact an ‘accident’?
There was no collision between the two parties, so why it was still considered an 'accident' is the focus of dispute between the two parties in this case.
During the interview, the reporter learned that the identification of traffic accidents does not rely on the physical contact of vehicles, but is based on the perpetrator's traffic violations, the actual damage consequences, the legal causal relationship between the illegal behavior and the damage consequences, and the subjective faults of all parties.
He Jianglong, assistant judge of the Sixth Civil Division of the Beijing No. 2 Intermediate People's Court: The core of liability determination is the judgment of causality. The key to judgment in a non-contact traffic accident is whether the illegal act directly caused an imminent danger and also led to the occurrence of damage. In this case, Li's retrograde behavior invaded Wang's legal driving path and created sudden dangers on the road. Wang had to take emergency avoidance measures, which resulted in damage. From the creation of danger to the occurrence of damage, the chain of causality is complete and clear.
According to Article 119, Item 5 of the Road Traffic Safety Law of the People's Republic of China, a 'traffic accident' refers to an incident in which a vehicle causes personal injury, death or property damage due to fault or accident on the road. In other words, the basis for the establishment of tort liability lies in the faulty behavior, the damage consequences and the causal relationship between the two, rather than the external form of 'collision'.
Just because a motor vehicle didn't hit you directly doesn't mean you're not responsible.
When determining liability for a traffic accident, if the driver commits illegal behavior and induces an accident for others, he must also bear corresponding liability.
Recently in Zhuzhou, Hunan, while riding an electric bicycle, Ms. Zeng suddenly braked to avoid a car turning right. She and the car fell to the ground and were injured. After receiving the alarm, the traffic police rushed to the scene quickly.
By retrieving videos from public places, the traffic police identified the vehicle and driver Huang who were leaving at that time, and notified him to come to the brigade for processing. After investigation, it was determined that driver Huang's turning of the vehicle without giving way to the vehicle going straight was the direct cause of the accident, and he should bear full responsibility for the accident. The traffic police reminded that road traffic follows the principle of turning and yielding. Although the vehicles are not in direct contact, if one party's illegal passage causes the other party to avoid danger and be injured, the illegal driver must also bear the liability for the accident. After a traffic accident, be sure to stop the vehicle and do not drive away from the scene.
You must be held responsible for accidents caused by slowing down and changing lanes at will on a highway ramp.
Expressway ramps are key nodes for traffic diversion and transition. Random deceleration, parking, and lane changes may cause other vehicles to fail to give way, thus interfering with normal traffic order and posing the risk of causing accidents. Let’s go to various places to see such real cases.
Recently, an accident occurred at the exit ramp of Lidiantou Bridge Toll Station on Jiangyi Expressway. At the time of the incident, there was dense traffic on the main highway of the expressway. A truck traveling in the third lane suddenly turned, forcing a car traveling normally in the second lane to evacuate to the first lane. During the avoidance process, the car collided with another car traveling normally in the first lane. Both vehicles were damaged to varying degrees. After discovering the abnormality, the traffic police used remote guidance to drive the two cars off the main line and arrived at the Guangling service area to wait for processing.
The traffic police investigation found that the cause of the accident was that another car ahead illegally parked in the lane between the third and fourth lanes of the ramp diversion section. The truck behind was forced to swerve to avoid the illegally parked vehicle in front, causing a chain collision. The driver who parked illegally must bear full responsibility for the accident.
Su Pinfan, a police officer from the Accident Squadron of the Highway 1 Brigade of the Traffic Control Detachment of Yangzhou Municipal Public Security Bureau: In the end, we determined that the illegally parked car had an illegal parking behavior, which caused the rear vehicles to continuously change lanes. We bear full responsibility for the accident and all losses from the accident.
Let’s look at the scene that happened a few days ago at the Ruian exit section of the Wenrui section of the Shenhai Expressway. In order to avoid a vehicle that was suddenly slowing down in front, a black SUV swerved to the right and collided with a truck that was traveling normally in the second lane. After reviewing the video in a public place, the highway traffic police found that the cause of the braking of the car in front was that about 10 seconds before the accident, a black car suddenly slowed down and illegally changed lanes because it was about to miss the exit. The vehicles behind it slowed down to avoid the accident, which indirectly caused the driver of the black SUV to turn to the right to avoid it. Later, the highway traffic police found the driver of the black car who had illegally changed lanes. At first, he did not agree with the traffic police's determination of responsibility and felt that the accident had nothing to do with him.
Subsequently, the highway traffic police played the public video of the incident to the driver of the black car, analyzed the situation at the scene, and informed him of the definition of a non-contact accident and the part of the reason his vehicle played in the accident. The driver realized his fault. The traffic police determined that the driver of the black car had violated the prohibition markings during driving and should bear secondary liability for the accident.
Wen Xinglei, Deputy Squadron Leader of the Third Squadron of the Sixth Highway Brigade of the Traffic Management Detachment of Wenzhou Municipal Public Security Bureau: Part of the factor in the accident was that the first car's illegal and negligent behavior triggered a subsequent chain of dangers, leading to the accident. There is an indirect causal relationship between the two. Therefore, although the first car did not directly collide with the accident vehicle, its dangerous driving behavior of illegally changing lanes and suddenly slowing down was one of the sources of the accident, so it was determined to bear secondary liability for the accident according to law.
‘No-contact’ traffic accident liability also applies to pedestrians
Safe travel does not distinguish between vehicle types. During the interview, the reporter learned that the liability determination rules for non-contact traffic accidents apply not only to non-motor vehicles, but also to all traffic participants such as motor vehicles and pedestrians.
He Jianglong, assistant judge of the Sixth Civil Division of the Beijing No. 2 Intermediate People's Court: The main basis is Article 2 of my country's Road Traffic Safety Law. Motor vehicle drivers, pedestrians, passengers, and units and individuals participating in traffic activities within the territory of the People's Republic of China must abide by this law. Therefore, combined with the previously mentioned legal definition of traffic accidents, the liability determination rules for non-contact traffic accidents apply to all traffic participants.
According to the traffic police, failure to yield in accordance with regulations, occupying the lane to overtake, illegal parking, changing lanes at will, abusing high beams, etc. are common traffic violations that induce "non-contact traffic accidents". Once there is a legal causal relationship between such behavior and the consequences of damage, the perpetrator must bear corresponding liability regardless of whether there is a vehicle collision or not. There are no traces of collision in this type of accident, and it is often difficult to obtain evidence. It is particularly critical for the parties concerned to retain evidence.
He Jianglong, assistant judge of the Sixth Civil Division of the Beijing Second Intermediate People's Court: Evidence needs to be preserved in a timely manner. The key to determining a non-contact traffic accident is that in real life there are no collision dents or scratches on the vehicle's paint, so it is often difficult to provide evidence during the determination. It is recommended to install driving recorders and other equipment on the car, and then when an accident occurs, call the police in time while ensuring safety, take photos and fix the scene, etc., to avoid being passive due to lack of evidence.
(CCTV reporters Li Jun and Yang Xiaogang)
