According to Article 70 of Road Safety Law, if a traffic accident occurs on road, driver of vehicle must stop immediately to protect scene; Traffic police or traffic control department of public safety authority. If scene of incident has been changed due to rescue of victims, the place is indicated. Passengers, drivers of passing vehicles and passing pedestrians must provide assistance.
If there is a traffic accident on road that does not result in injuries or death, and parties concerned do not disagree about facts and reasons, they can immediately leave scene of accident, resume traffic, negotiate and resolve issue of damages . questions themselves; traffic police or traffic control department of the public security agency.
If there is an accident on road that causes only minor property damage and underlying facts are clear, parties involved must first leave scene and negotiate a settlement.
In accordance with Article 86 of Regulation for Implementation of Law on Road Safety:
If there is an accident on road between a motor vehicle and a motor vehicle, or between a motor vehicle and a non-motor vehicle, which does not result in bodily injury or death, and parties do not disagree about facts and causes, time is recorded, place, name and surname of other party involved in traffic accident. independently negotiate compensation for damages. If parties dispute facts and causes of accident, they must immediately report it to police.
Article 87 also provides:
If an accident occurs between a non-motorized vehicle and a non-motorized vehicle or a pedestrian on road, no injury or death occurs, and underlying facts and reasons are clear, parties concerned should evacuate scene and then negotiate and deal with damages on one's own. If parties dispute facts and causes of accident, they must immediately report it to police.
Article 88 reads:
If a traffic accident has occurred involving a motor vehicle, resulting in damage to roads, power supply facilities, communications and other facilities, driver must call police and wait for registration, and not leave. If vehicle can be moved, it must be moved to a place that does not impede movement of traffic. The traffic management department of public security organs notifies relevant departments of circumstances of incident.
In particular, measures to be taken by parties involved in road traffic accidents include following.
1. Stop immediately
In event of an accident, driver of vehicle must first take emergency braking action, which is first responsibility; second, act in accordance with relevant regulations after parking: apply parking brake, turn off power supply, turn on alarm. turn on headlights and taillights, get out of car again to check scene of accident to confirm whether accident occurred, damage to victim and related objects, and put up warning signs behind car.
Attention: do not lean car slowly to side of road and stop slowly forward or backward and stop again, because these actions may damage accident site to varying degrees, making it impossible to determine responsibility for accident, and losses from accident will increase even more .Expanding is not allowed to drive away, this is a wrongful act, and even constituting a crime.
2. Quickly evacuate scene or call police depending on damage situation (1) Applicable to emergency evacuation situation
1) No bodily harm or death was caused, and parties have no disagreement about facts and causes.
2) Only minor property damage and basic facts are clear.
(2) A situation in which scene must be protected and police immediately called.
1) Causing death or bodily harm.
2) In event of a loss of property accident, parties have disputes over facts or causes, and although there is no dispute over facts or causes, negotiations for damages cannot reach an agreement.
3) The car does not have a license plate, technical inspection and insurance plate.
4) Vehicles carrying explosives, flammable and explosive chemicals, poisonous, radioactive, corrosive substances, infectious agents and other dangerous goods.
5) Collision with buildings, public facilities or other objects.
6) The driver does not have a valid driver's license.
7) The driver is under influence of alcohol, psychotropic drugs or drugs controlled by state.
8) The interested party cannot move vehicle independently.
If vehicle can be moved under any of above circumstances from points 2-5, interested party can take a photo of scene or mark parking spot after calling police, and then move vehicle to location. where it does not interfere with traffic. The location is pending processing.
Note: The implementation of a method of evacuating scene of an accident by interested parties and negotiating on their own to resolve traffic accidents with property damage will bring certain moral hazard to insurance company. In addition to fact that insurance companies must strengthen and strictly inspect vehicles involved in an accident, Shanghai Joint Road Transport Information Platform has developed an insurance fraud file management information system that allows real-time tracking of traffic accident claims. . Persons and entities that have been rejected by insurance companies or investigated by public security authorities for intentionally creating false traffic accidents in order to extort insurance money will be registered in system as grounds for limiting their insurance activities and other financial transactions in future. When conditions are ripe, system will be integrated with Shanghai Social Joint Credit Investigation System.niya to expand credit restrictions to more areas.
If a vehicle has been involved in a traffic accident resulting in property damage and vehicle can drive safely and comply with evacuation regulations on its own, if party concerned insists not to evacuate scene, police on duty will order it evacuate; in event of traffic jams, guilty party will be fined 200 yuan, drivers who commit other traffic violations will be punished in accordance with law.
If a party decides to negotiate and settle a property damage accident in Shanghai, vehicle involved in accident must be moved to same "service center" to verify property loss and insurance claims procedures. Agreements not registered in "Service Center" are invalid. If it is necessary to receive compensation for damage from insurance company, it is necessary to inform insurance company by phone immediately after evacuation of scene of accident, and also fill out "Agreement on compensation for damage caused to motor vehicles as a result of a traffic accident" in a place that does not affect traffic .
(3) Notification method
1) The parties involved in accident must report to nearest traffic police on duty.
2) A person involved in an accident must dial 122 or 110 to report a traffic accident.
3) Instruct witnesses present at scene, passengers in a vehicle, fellow travelers, drivers of passing vehicles, passing pedestrians, etc. to come to traffic police on duty or to traffic management department of public security body.
When calling police, try to include time, place, license plate number of vehicle, casualties, losses, and corrective action. If a traffic accident caused a fire, first report fire department 119 and then report incident to police.
1. In remote areas, you can report case to local public security office or other administrative authorities nearby.
2. If a traffic accident causes serious casualties or has a serious impact on traffic, parties concerned must also report it to public security department.
3. If a traffic accident occurs, it can be reported to local public security department.
3. Rescue of injured If there are casualties in a traffic accident, parties involved in traffic accident should not just wait for traffic police to arrive, but should immediately take appropriate measures to rescue injured in a humane spirit and in accordance with actual situation. In addition, person concerned must immediately call120 or 999 or send victim to nearest hospital for treatment.
The rescue of wounded and protection of scene must be carried out simultaneously. If victim or vehicle is to be moved, original location should be noted, but if victim is dead, they should not be moved and scene should be guarded and awaited by traffic police.
If you choose to send an injured person to a hospital for treatment, you should stop passing vehicles as often as possible. An emergency vehicle can only be used in emergency situations, but parking space must be marked. If there are other people on board, place of protection should be left behind. The driver must return to place immediately after sending victim to hospital.
4. Protect your site
The scene of a traffic accident is a spatial location that reflects process before and after a traffic accident, where there is a large number of traces of an accident and physical evidence. The scope of an accident scene usually refers to area where vehicle takes braking action to parking lot, and location where victim drives and stops.
(1) Site protection methods
1) Immediately decide on scale of scene. Surround site with lime, sand, twigs, ropes, etc. and maintain it carefully. All vehicles and pedestrians are prohibited from entering. When laying out site, try not to interfere with traffic.
2) If casualties are to be rescued at scene, original location of casualties must be noted.
3) When rain, snow, wind and other natural phenomena can damage stage, you can use plastic cloth and other moisture-proof tools to cover dead bodies, blood stains, car marks, brake marks and other scattered objects on stage stand up .
4) If there are factors at scene that can increase scale of accident, such as a gasoline spill, presence of flammable, explosive, highly toxic or radioactive materials on car, try to immediately eliminate them, and also explain danger on spot. scene of accident to surrounding pedestrians. The dangerous vehicle should be driven away from scene of accident, and at same time, attention should be paid to search for witnesses, and record witnesses' IDs, address and other information for future confirmation of facts. .
(2) Site footprints to be protected
1) Road signs. For example, car braking marks, rolling marks, side slip marks, friction marks between soles of pedestrians and road surface, blood stains, oil stains, water stains, etc.
2) Traces of a car collision with a human body. such as hard marks, grooves, clothing friction marks, dust scratches, etc.a body, etc. caused by various vehicles.
3) Remains on road surface. For example, glass, paint flakes and other scattered objects, peeling objects made of human tissue, etc.