A large truck ran a red light and killed the owner of an unlicensed motorcycle. The traffic police determined that the owner of the motorcycle was half responsible

Reporter Shi Tingting Edited by Liu Zhou

Believing that equal responsibility is unfair, Mr. Qiao started complaining to the traffic police department while filing a lawsuit against the truck driver. On April 16, a dispute over liability for a motor vehicle accident involving Mr. Qiao and the company where the truck is located will be heard in the court of Baoshan District, Shanghai.

On November 22, 2020, a traffic accident occurred at the intersection of Changhong Road, Bixi Street, Changshu City, Suzhou City, Jiangsu Province: After a heavy truck ran a red light, it knocked down the owner of a motorcycle crossing the road and killed him. Afterwards, because the motorcycle did not have a license and the driver did not have a driver’s license, the Changshu traffic police determined that the truck was primarily responsible and the motorcycle was secondary.

“After the responsibility confirmation letter came out, the traffic police said that the other party wanted to give 20,000 yuan and asked me to write a letter of understanding. I did not agree.” On April 14, the motorcycle owner’s son, Mr. Qiao, spoke to Upstream News (WeChat ID: shangyounews) The reporter said that after the other party filed a reconsideration, the traffic police department changed the primary and secondary responsibility to equal responsibility.

On November 22, 2020, a large truck in Changshu City, Jiangsu Province ran a red light and knocked down the owner of the motorcycle and died. /Photo courtesy of respondents

1 The truck ran a red light and killed the motorcycle owner

On-site monitoring showed that at approximately 11:43 on November 22, 2020, Mr. Qiao’s father drove a two-wheeled motorcycle from east to west to the zebra crossing and then crossed the road. At this time, a semi-trailer truck from west to east passed through the intersection, knocked down Qiao’s father, and continued to slide forward for a while before stopping. Upstream news reporters noticed that the truck did not slow down when passing through the intersection, and vehicles in the east and west directions were parked.

According to the “Road Traffic Accident Autopsy Examination Report” issued by the Municipal Public Security Bureau on December 14, 2020, Mr. Qiao’s father’s chest collapsed and deformed, and both sides of the chest could be palpable with multiple ribs, and both feet had deformities and ankle joints. Falling off and other situations. The cause of death was compound injury.

“My father passed the green light normally, and the other party ran the red light. After the accident, the other party never contacted me.” Mr. Qiao said.

The two accident liability confirmations issued by the same traffic police department are almost identical except for the different conclusions. /Photo courtesy of respondents

2 The primary and secondary responsibilities of the refusal to sign the letter of understanding become equal

According to the “Road Traffic Accident Recognition” issued by the Traffic Police Brigade of the Changshu Public Security Bureau on December 20, 2020, after investigation, on November 22, 2020, Qiao (Mr. Qiao’s father) drove an unlicensed two-wheeled motorcycle In the non-motorized vehicle lane on the south side of National Highway 346, driving in reverse from east to west to the intersection of Changhong Road and crossing the intersection from south to north, the left side of the motorcycle collided with the front of a heavy semi-trailer that violated traffic lights, causing the accident Qiao died and the two cars were damaged to varying degrees.

The Traffic Police Brigade of the Public Security Bureau of Changshu City believes that when Wan Mou drove a motor vehicle to an intersection with traffic lights, he neglected to observe the conditions of the vehicles in the intersection, and the measures were obviously improper and violated the traffic lights, which was the main cause of the accident. .

Qiao did not wear a helmet, did not hold a motor vehicle driver’s license, and drove an unlicensed motorcycle whose braking performance did not meet the requirements after an accident. When driving in a reverse direction in a non-motorized lane to the intersection of the accident, he faced the vehicles in the intersection. The lack of observation is also a cause of the accident. The police finally determined that: Wan was primarily responsible for the accident and Qiao was responsible for the secondary.

Mr. Qiao said that after the identification of responsibility was issued, the traffic police and the driver who dealt with the case found him, hoping that he would issue a letter of understanding and give him 20,000 yuan as compensation. Otherwise, the other party will apply for reconsideration, and it is likely to be deemed equally responsible.

After Mr. Qiao refused, the driver who caused the accident requested an administrative review of the liability determination.

On January 28, 2021, the traffic police detachment of the Suzhou Municipal Public Security Bureau made a review conclusion: the investigation work of the Changshu Traffic Police Brigade and the analysis of the cause of the accident were not comprehensive enough, which affected the qualitative and quantitative of the case. It should be reconsidered after supplementary investigation and the accident should be reconsidered. Identified.

On February 8 this year, the Changshu City Traffic Police Brigade re-issued the “Road Traffic Accident Recognition” and changed the primary and secondary responsibilities in the original recognition to the same responsibility.

Upstream journalists compared the two accident certifications and found that the police’s determination of the cause of the accident and the applicable laws and regulations were consistent, and only the division of responsibilities was corrected.

3 The traffic police recommends going through the judicial process

Because he believed that the second “Road Traffic Accident Recognition” was unfair, Mr. Qiao complained to the relevant department about the Changshu City Traffic Police Detachment, and he also took the truck driver and his insurance company to court.

On April 16th, a dispute over liability for a motor vehicle accident involving three parties will be heard at the Baoshan District Court in Shanghai.

Regarding Mr. Qiao’s complaint, the relevant person in charge of the Suzhou Traffic Police Detachment told upstream news reporters that the police combed through the relevant evidence and found that Mr. Qiao’s father did have multiple illegal acts. From the current point of view, the second accident liability determination issued was not There is a problem. The traffic police has responded to Mr. Qiao’s complaint many times. If there are still opinions, it is recommended to solve them through judicial channels.

Original title: “A large truck ran through a red light and killed the owner of the motorcycle, and the traffic police judged that the owner of the motorcycle was half responsible.”

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