How to divide responsibilities when merging and scratching
In road traffic, merging collisions are one of the common types of traffic accidents. Due to the dynamic changes of multiple vehicles involved in the merging process, the division of responsibilities often becomes the focus of controversy. This article will provide you with a detailed analysis of the rules for dividing responsibilities in mergers and acquisitions from the aspects of legal basis, principles of division of responsibilities, common scenarios and cases.
1. Legal basis
According to the "Road Traffic Safety Law of the People's Republic of China" and relevant judicial interpretations, the division of responsibilities for merging scrapes is mainly based on the following provisions:
| Legal terms | Content summary |
|---|---|
| Article 45 of the Road Traffic Safety Law | Motor vehicles should pass alternately on road sections and intersections with reduced lanes. |
| Article 44 of the Implementation Regulations of the Road Traffic Safety Law | When changing lanes, the normal driving of motor vehicles traveling in the relevant lanes shall not be affected. |
| Article 60 of the Regulations on Traffic Accident Handling Procedures | The public security organs should determine liability based on the role of the parties' actions in the accident and the degree of fault. |
2. Principle of division of responsibilities
The division of responsibilities for merging scraping accidents usually follows the following principles:
| principles | Specific instructions |
|---|---|
| right of way priority principle | Vehicles in the original lane have priority, and merging vehicles must ensure safety. |
| fault liability principle | The primary and secondary responsibilities are divided according to the degree of fault of both parties. |
| alternating traffic principle | When lanes are reduced, traffic should alternate with "one giving way to the other". |
3. Division of responsibilities in common scenarios
There are differences in liability determination in different merger scenarios. The following is an analysis of typical situations:
| accident scene | Responsibility determination | Legal basis |
|---|---|---|
| Forced merging leads to scratching | The merging party is fully responsible | Article 45 of the Road Traffic Law |
| Merging without turning on the turn signal | The party responsible for the merger is responsible for | Article 57 of the Implementation Regulations of the Road Traffic Law |
| Rushing to the right of way in alternating traffic | The party responsible for the robbery is solely responsible | Article 45 of the Road Traffic Law |
| Both sides merged at the same time | Everyone has equal responsibility | Regulations on Accident Handling Procedures Article 60 |
4. Key points of evidence collection
After an accident occurs, the following evidence materials should be collected in a timely manner:
| Evidence type | importance |
|---|---|
| Driving recorder video | The most direct audio-visual evidence |
| On-site photos | Need to include vehicle location, scratched parts, and road markings |
| witness testimony | third party eyewitness statements |
| Traffic police accident certificate | Liability determination with legal effect |
5. Dispute handling suggestions
When there is a dispute over the division of responsibilities, the following resolution methods can be adopted:
| Solution | Applicable situations |
|---|---|
| Apply for review | If you are dissatisfied with the traffic police's determination, apply to the higher authority for review within 3 days. |
| civil litigation | Compensation disputes can be filed in court |
| insurance negotiation | Settlement of liability claims through negotiation with the insurance company |
6. Suggestions on preventing merging and scratching
To avoid merging accidents, drivers should:
1. Observe the rearview mirror and blind spots in advance to confirm the safe distance
2. Turn on the turn signal 3 seconds before merging
3. Control the reasonable merging angle and avoid sudden changes in direction
4. Consciously abide by the alternating traffic rules when encountering lane merging.
5. Maintain a peaceful mind and do not rush or be grudged.
The determination of liability for a merging scraping accident requires a comprehensive consideration of the degree of fault of all parties and traffic violations. It is recommended that drivers strictly abide by traffic laws and drive in a civilized manner, which is not only responsible for themselves but also responsible for society. In the event of an accident or dispute, you should protect your rights rationally and in accordance with the law and jointly maintain good road traffic order.
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