2. If a party has the conditions to report the case but fails to report it or fails to report it in time, so that the responsibility for the traffic accident cannot be determined, it shall bear full responsibility.
3. If the parties have the conditions to report the case but fail to handle it or report it in time, so that the responsibility for the traffic accident cannot be determined, they shall bear the same responsibility. However, in the event of a traffic accident between a motor vehicle and a non-motor vehicle or pedestrian, the motor vehicle side bears the primary responsibility, and the non-motor vehicle or pedestrian side bears the secondary responsibility. There are the following:
(1) Rescue the injured and property, investigate the site, collect evidence, and resume traffic as soon as possible; (two) in the event of a major or extraordinarily serious traffic accident, immediately report to the superior traffic management department or the relevant department; (3) After the traffic accident scene map is drawn, the surveyors and cartographers shall sign or seal it. If the parties are present at the scene, they shall sign or seal; If he is not present at the scene or unable to sign, the witness shall sign or seal it; If a witness or a party refuses to sign, it shall be recorded. (four) if the parties to a traffic accident escape or leave the scene, the public security traffic management department shall organize a search in time. When necessary, an investigation report can be submitted to the public security traffic management department in the relevant area. (5) If the time limit for withholding vehicles, vehicle number plates and driver's licenses suspected of traffic accidents is 20 days, it may be extended for 20 days with the approval of the traffic management department at the next higher level. (6) Ask the parties, witnesses and relevant personnel. (7) Collect and extract traces and material evidence from the scene of traffic accidents. (8) If the expenses for rescue and treatment are not paid in advance or cannot be paid in advance, the public security organ may temporarily detain the vehicle of the person responsible for the traffic accident, and the period for temporarily detaining the vehicle may be until the end of the fixed loss claim. (9) If a party to a traffic accident is disabled due to injury, he may apply to the public security organ for disability assessment within 15 days after the end of treatment. The public security organ shall assess the level of disability within 30 days after receiving the application for disability assessment. If a party refuses to accept the evaluation, he may apply to the public security organ at the next higher level for re-evaluation within 15 days, and the public security organ at the next higher level shall make a re-evaluation decision within 30 days after receiving the application. (10) After the inspection and appraisal, the administrative department of the public security organ issued a notice of corpse disposal to the relatives of the deceased. If the funeral is not handled within the time limit, with the approval of the person in charge at the next higher level, the competent public security organ will send personnel to forcibly dispose of the body.
Legal basis: Article 133 of the Criminal Law of People's Republic of China (PRC) violates traffic regulations, thus causing serious accidents, causing serious injuries, deaths or heavy losses to public and private property, and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, or escape after a traffic accident or other particularly bad circumstances, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall be sentenced to fixed-term imprisonment of not less than seven years.
The Supreme People's Court's explanation on several issues concerning the specific application of law in the trial of criminal cases of traffic accidents: traffic accidents shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention under any of the following circumstances: (1) one person is killed or more than three people are seriously injured, and the accident is wholly or mainly responsible; (2) More than three people are killed, and the accident is equally responsible; (3) directly causing losses to public property or other people's property, taking full or main responsibility for the accident, and the amount of compensation cannot reach 300,000 yuan. If a traffic accident causes serious injuries to more than one person and bears all or major responsibility for the accident, and has one of the following circumstances, he shall be convicted and punished for the crime of traffic accident: (1) driving a motor vehicle after drinking or taking drugs; (2) driving a motor vehicle without driving qualification; (three) driving a motor vehicle knowing that the safety device is incomplete or the safety components are out of order; (4) Driving with knowledge of unlicensed or scrapped motor vehicles; (five) serious overload driving.
Million car purchase subsidy