What to do if a car hits someone: full process guide and hot case analysis
Recently, topics related to traffic accidents have once again become a hot topic in society. According to public opinion monitoring across the Internet, in the past 10 days, the search volume for keywords such as "determination of liability for electric vehicle collisions with pedestrians" and "legal consequences of hit and run" increased by 35% month-on-month. This article combines the latest cases to sort out the entire accident handling process for you.
1. Accident scene handling steps
| step | Specific operations | Legal basis |
|---|---|---|
| 1. Stop immediately | Turn on hazard warning flashers | Article 70 of the Road Traffic Safety Law |
| 2. Protect the site | Place warning signs (50 meters in cities/150 meters on highways) | Article 8 of the "Regulations on Accident Handling Procedures" |
| 3. Rescue the injured | Dial 120 and administer basic first aid | Article 1005 of the Civil Code |
| 4. Alarm filing | 122 accident alarm/110 emergency | Article 70 of the Road Traffic Safety Law |
2. Compensation standards for typical accidents in recent years
| Injury type | Compensation items | Reference amount (yuan) |
|---|---|---|
| minor injury | Medical expenses + lost work expenses | 5,000-20,000 |
| Level 10 disability | Disability compensation (urban standard) | 94,692/year×20 years×10% |
| fatal accident | Funeral expenses + death compensation | About 1,250,000 (first-tier cities) |
3. Legal Enlightenment of Hot Events
1.Zhejiang Tesla out-of-control case (2023.8.12): The appraisal agency finally confirmed that the vehicle's braking system was normal, and the driver took full responsibility and compensated the injured 1.87 million yuan. Drivers are reminded not to rely too much on assisted driving.
2.Beijing deliveryman hit and run case (2023.8.15): The rider involved was found fully responsible for his escape and faced triple consequences of administrative penalties + civil compensation + criminal liability. The amount of compensation was increased by 40% compared to the original standard.
4. Key data for insurance claims
| insurance type | Compensation scope | Disclaimer |
|---|---|---|
| Compulsory traffic insurance | Death and disability: 180,000/medical treatment: 18,000 | intentionally causing accidents |
| Commercial third party insurance | 1 million to 5 million optional | Drunk driving/driving without a license |
| Excluding deductible insurance | Cover the deductible amount | Illegal modified vehicles |
5. Suggestions for handling special situations
1.Encountering "touching porcelain": Call the police immediately and prohibit privacy. Please save the driving recorder images. The latest judicial interpretation makes it clear that extortion exceeding 2,000 yuan constitutes a crime.
2.Families of the injured were emotional: Stay calm and avoid physical conflicts. You can ask the police to intervene in mediation. Recently, "traffic accident mediation committees" have been established in many places, with a mediation success rate of over 75%.
3.The party responsible for the accident refused to compensate: Apply to the court for pre-litigation property preservation. Data in 2023 shows that the implementation rate of cases where preservation measures are adopted has increased to 89%.
6. Contact information of authoritative organizations
| Organization name | Service hotline | Acceptance time |
|---|---|---|
| traffic accident alarm | 122 | 24 hours |
| Legal Aid Center | 12348 | Working days 8:30-17:30 |
| Insurance Industry Association | 400-817-5188 | Working days 9:00-18:00 |
According to the latest data from the Ministry of Public Security in August 2023, there are about 650 casualty traffic accidents in my country every day, of which accidents during the morning peak (7:00-9:00) account for 28%. Drivers are reminded to pay special attention to road conditions and pedestrians should obey traffic signals when crossing the road.
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