The van and battery car hit the driver and questioned the responsibility of the accident-winavi video converter

The van and car battery hit driver finds it questioned the responsibility for the accident in late February of this year, Lincheng section of 329 national highway traffic accident, a van and a car battery, recently, one of the parties, the van driver Mr. Yin on accident liability question. The accident occurred at a turning junction of Lincheng section of 329 National highway. Mr. Yin was driving the van from east to west, turn right into the road, and a car from the east to the west line of the battery car collided, the rider Liu waist 1 vertebral fractures. After the traffic police identified, Mr. Yin full responsibility for the accident, Mr. Yin signed approval, and paid 23000 yuan medical expenses. A few days ago, Mr. Yin received the traffic police notice, said Ms. Liu made disability assessment is 9, proposed compensation including disability compensation, the living expenses of the dependents, loss of work and so on a total of 238050 yuan compensation requirements, this is Mr. Yin anxious. Mr. Yin said, "I thought it would be good for her to pay for the medicine.". I have no money, second, I do not recognize my full responsibility, she also has the responsibility. I’m sure I won’t sign it until you pay 200 thousand." Mr. Yin said that when the accident occurred, he once put forward to the traffic police car battery testing, to see if the battery is not excessive vehicle. Liu’s family said, when Liu’s car driving in the non motorized lane, the speed is not fast. As for the amount of compensation, they are lawyers counted out, did not hold up. For this incident, the reporter also interviewed the new city traffic police brigade. Traffic police said, non major traffic accidents, battery vehicles are not detected. Even if the battery car detection found that the vehicle is beyond the standard category of motor vehicles, in this traffic accident, Mr. Yin vehicle turn did not let the line is also negative full responsibility. Lawyers said that the traffic accident liability confirmation was made in February 24th this year, and now the time has passed more than half a year, has long exceeded the validity of the complaint, the accident liability is unrealistic. If you go to court, even if the court finds that Ms. Liu’s battery car is over standard vehicle, the general situation is also based on the traffic police issued the accident identified responsibility book as the basis, will determine Ms. Liu irresponsibility. If Ms. Liu filed a lawsuit, he asked Mr. Yin to pay for the disability compensation, the living expenses of the dependents, the cost of the loss of work and so on, and the court would support it. Zhejiang Pinzheng union lawyer Shen Jianglei said the accident of electric vehicles are electric vehicles belonging to exceed the standard, there is no influence on the distribution of civil liability of above, that is to say the court’s judicial practice, or is it a non motor vehicle or electric vehicle for processing. When the accident liability is identified, the traffic police will regard it as an excessive electric vehicle or motor vehicle to identify, but in determining the responsibility of the loss of sharing this problem, whether or not exceed the standard does not affect the responsibility to share." At present, Mr. Yin has paid 238050 yuan compensation.

面包车和电瓶车撞了 司机对事故责任认定很质疑 今年2月下旬,329国道临城段发生一起交通事故,一辆面包车和电瓶车撞了,最近,当事一方、面包车驾驶人殷先生对事故责任认定提出了质疑。事故发生在329国道临城段一个转弯路口处。当时殷先生驾驶面包车由东向西右转进路口,和一辆由东向西直行的电瓶车发生了碰撞,骑车人刘女士腰1椎体粉碎性骨折。事后交警认定,殷先生负事故全责,殷先生签字认同,并支付了23000元医药费。前些天殷先生接到交警通知,说刘女士做了伤残鉴定是9级,提出了包括伤残补偿金、被抚养人生活费、误工费等总计238050元的赔偿要求,这下殷先生急了。殷先生说:“我以为医药费给她赔好的就好了。一个我没钱,第二个我也不承认我这个全责,她也有责任。知道赔20万,我肯定不会签字的。”殷先生表示,事故发生时,他曾经向交警提出对电瓶车进行检测,看看是不是超标电瓶车。刘女士的家人说,当时刘女士的车行驶在非机动车道上,车速并不快。至于赔偿金额,他们是委托律师算出来的,没有敲竹杠。对于这件事,记者也采访了新城交警大队。交警表示,非特重大交通事故,电瓶车是不检测的。就算电瓶车检测发现是超标车认定机动车范畴的,在这起交通事故中殷先生车辆转弯没有让直行也是负全责。律师表示,交通事故责任认定书是今年2月24日作出的,现在时间已经过了半年多,早就超出申诉有效期,事故责任重新认定不现实。如果打官司,即使法院认定刘女士的电瓶车是超标车,一般情况下也是以交警出具的事故认定责任书为依据,会判定刘女士无责。刘女士如果提起诉讼,要求殷先生支付伤残补偿金、被抚养人生活费、误工费等费用的,会得到法院的支持。浙江品正恒联律师事务所律师沈江磊说“事故的电动车是属于超标电动车的话,在民事的责任分配上面是没有影响的,也就是说法院的司法实践当中,还是把它当作非机动车或者电动车来进行处理。可能事故责任认定的时候,交警会把它作为超标电动车或者机动车来认定,但是在确定损失的责任分担这个问题上,无论超不超标都不影响责任的分担。”目前,殷先生已付清了238050元赔偿款。相关的主题文章:

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