China Naming Network - Eight-character lottery - A pedestrian was hit and killed on a motorway, and the driver was primarily responsible. Where is the dividing line between liability in this incident?

A pedestrian was hit and killed on a motorway, and the driver was primarily responsible. Where is the dividing line between liability in this incident?

Traffic accidents are still relatively common in life, but many times the responsibility for traffic accidents is attributed to the stronger party, thus giving birth to the group of "touching porcelain". Generally speaking, pedestrians on motor vehicle lanes If you are hit and killed, the driver bears the main responsibility, but from a legal perspective, the division of responsibilities is not entirely like this.

First of all, if the driver causes the death of a pedestrian on the motorway without fault under normal circumstances, the responsibility should be borne more by the pedestrian himself. Generally speaking, everyone desires fairness, but in real life, once a traffic accident occurs, many people will look at the matter from a perspective of sympathy for the weak, and feel that as the stronger driver, the driver should bear the responsibility for the accident. At this time, they will subconsciously ignore fairness. However, from a fair point of view, if the driver is not at fault, then if a pedestrian is hit and killed on a motor vehicle road, the pedestrian should bear the loss himself, and the driver should also be compensated for the loss. Maybe this sounds ruthless, but since you want to be fair, you must first maintain fairness and not let people who comply with traffic laws bear unnecessary losses, while violators have unreserved tolerance just because they are on the weaker side. This is not the connotation of fairness. If this is the case, then it will achieve the absurd result that "the weak party is justified in violating the laws and regulations, but the strong party is unreasonable in complying with the rules and regulations." Therefore, if a pedestrian is hit and killed on the motorway, then the pedestrian must bear the loss himself.

Secondly, if a pedestrian is hit and killed while crossing a zebra crossing, the motor vehicle must be fully responsible in this case. Generally speaking, according to traffic regulations, pedestrians and motor vehicles have their own driving routes. Pedestrians use the sidewalk and cars use the motor vehicle lane. However, at traffic light intersections, the sidewalk will overlap with the motor vehicle lane, which is a zebra crossing, in places with a large flow of people. There are also overlaps. For pedestrians crossing zebra crossings, many places have relevant regulations. Motor vehicles must give way to pedestrians. Those who refuse to give way will even be given a "fine of 50 yuan and two points deducted". If this is the case, If a pedestrian is hit and killed by a motor vehicle while crossing a zebra crossing, the driver of the motor vehicle must bear full responsibility. After all, it is necessary for pedestrians to walk on the zebra crossing, and it is necessary for motor vehicles to slow down. Whoever violates the rules should be punished.

Finally, when it comes to determining liability for a pedestrian killed by a motor vehicle, the driver is often held fully responsible, mostly because of drunk driving. For today's people, it is a creed to drive without drinking and drinking without driving. However, there are still many drivers who always take chances and always feel that nothing will happen to them when driving. In this case, due to the misuse of the brake accelerator, a collision occurs. Traffic accidents involving fatalities occur quite frequently. In this case, no matter whether the pedestrian is at fault or not, when determining liability, the driver of the motor vehicle is the main responsible party and is solely responsible.

Of course, there are many other situations, such as the "collision" team. No sympathy should be given to such people. Only by strictly complying with traffic laws can we combat the phenomenon of "collision". Those who obey the rules will have to pay compensation in the end.