General situation of traffic accidents
Traffic accidents refer to deaths, injuries or material losses caused by motor vehicles or cars and other non-motor vehicles. Traffic accidents in a broad sense can also include accidents caused by railway rolling stock, ships and airplanes, but traditionally they only refer to accidents caused by vehicles in road transportation and urban traffic. It may also be caused by irresistible natural disasters such as earthquakes, typhoons, flash floods and lightning strikes. China stipulates that the direct loss of urban roads is higher than that of 20 yuan, and the direct loss of expressways is higher than that of 50 yuan.
Accident type
Minor injury accident: refers to an accident that causes minor injuries to 1 to 2 people, or a motor vehicle accident with property loss less than 1 10,000 yuan, and a non-motor vehicle accident below 200 yuan.
General accident: refers to an accident that causes 1 to 2 people to be seriously injured, or more than 3 people to be slightly injured, or property losses of less than 30,000 yuan.
Major accident: refers to an accident that causes 1 to 2 deaths, or seriously injures more than 3 people but less than 10, or causes property losses of more than 30,000 yuan but less than 60,000 yuan.
Extraordinary accident: refers to an accident in which more than 3 people are killed, or more than 1 1 person is seriously injured, or more than 8 people are seriously injured, or 2 people are killed, more than 5 people are seriously injured, or the property loss is more than 60,000 yuan.
Processing steps
First, accept the report.
After receiving a report from a party or other person, the public security traffic management department shall file a case according to its jurisdiction.
Second, on-site treatment
After accepting the case, the public security traffic management department immediately sent personnel to the scene to rescue the injured and property, explore the scene and collect evidence.
Third, the responsibility identification
The traffic administrative department of public security shall, on the basis of finding out the facts of traffic accidents, determine the responsibility of the parties for traffic accidents according to the causal relationship between the illegal acts of the parties and the traffic accidents and the role of the parties.
Fourth, reward and punishment.
The traffic administrative department of public security shall, in accordance with the relevant provisions, punish those responsible for the accident with warnings, fines, suspension, revocation of driving licenses or detention.
Verb (abbreviation of verb) damages mediation
Compensation for personal injuries and economic losses caused by traffic accidents shall be divided into corresponding compensation proportions in accordance with relevant regulations and compensation standards, and the public security traffic management department shall convene both parties to mediate. The two sides agreed to reach an agreement that the accident mediator would make and issue a conciliation statement for damages.
Sixth, go to court.
If both parties fail to mediate within the statutory time limit, the public security traffic management department will terminate the mediation and issue a mediation conclusion, and both parties will bring a civil lawsuit to the court.
Accident punishment
The driver of a motor vehicle has caused a traffic accident, which is not enough to be investigated for criminal responsibility. In addition to dealing with traffic regulations and scoring violations, additional scoring shall be made in accordance with the following provisions:
1, if a major accident is caused, take secondary responsibility, and add 3 points;
2, causing a general accident, bear the same responsibility, plus 2 points;
3, caused a minor accident, mainly responsible for more than 1 point;
4. If a motor vehicle driver's license is revoked due to a traffic accident, no score will be scored.
Two, the punishment according to the illegal behavior, responsibility and consequences of traffic accidents, respectively, combined execution; The combined execution of suspended driver's license shall not exceed 18 months.
3. Traffic accidents are not enough to be investigated for criminal responsibility, and if they meet the following items 1 and 2, they shall be detained from 10 to 15 or fined from/kloc-0 to 200 yuan; Those who meet the following four items shall be detained in 50 yuan for more than 10 days or fined for less than 150 yuan; In accordance with the following five or six items, a fine or warning shall be imposed in 50 yuan:
1, causing major accidents, and taking secondary or above responsibilities;
2, causing major accidents, bear the same responsibility;
3, causing major accidents, secondary responsibility;
4, causing general accidents, mainly responsible for the above;
5, cause a general accident, bear equal responsibility;
6, causing minor accidents, responsible for traffic accidents. For the motor vehicle drivers mentioned in Items 1 and 2 of the preceding paragraph, the motor vehicle driving license shall be revoked; For the motor vehicle drivers in items 3 to 6 of the preceding paragraph, the motor vehicle driver's license shall be suspended 1 month and less than 6 months.
Four, causing traffic accidents, shall be investigated for criminal responsibility, and revoke the driver's license.