Traffic accident is the most frequent personal injury case at present, so what should I do after a traffic accident? What is the traffic accident handling process in Guangdong? I compiled this article for you, hoping to help you solve this legal problem.
1. What is the traffic accident handling process in Guangdong?
(1) field investigation
1. After a traffic accident, if the parties have no dispute about the facts and reasons, they can leave the scene immediately and negotiate for damages. If you don't leave the scene immediately, you must protect the scene and report the case to the public security organ quickly.
2. After receiving the instruction, the police on duty must rush to the scene within the promised time and dispose of the scene quickly.
3. Conduct on-site investigation, including on-site visit, photography, drawing, measurement and inspection. On-site investigation must be legal, timely, comprehensive and accurate.
4. After the on-site investigation records are verified, the parties or witnesses shall be required to sign the on-site map.
5, due to the need of inspection, if necessary, can detain the vehicle and relevant documents.
6. Agree with the parties to handle the accident.
7. After-the-fact investigation must be conducted according to law, including inquiry, trace extraction inspection, technical inspection, damage assessment and other necessary identification.
(2) Responsibility determination
1. In the investigation stage, the parties may be summoned to testify when necessary.
2. After finding out the basic facts of the accident and collecting sufficient evidence, identify the responsibility in strict accordance with the prescribed time.
3. When the responsibility is announced, all parties must be called to the scene to clarify the basic facts of the accident and the reasons and basis for determining the responsibility.
4. Inform the parties that they are not satisfied with the confirmation letter, and shall apply to the superior traffic police department for review within 3 days or settle it together in the civil compensation lawsuit.
(3) Punishment
1. After the responsibility determination becomes legally effective, the handling opinions made to the responsible party shall be reported to the leader for approval.
2, according to the punishment decision made by the leadership to fill in the punishment award.
3, announced the punishment decision to the responsible person.
4 inform the parties of the right to apply for administrative reconsideration and the statutory limitation.
5, the relevant formalities for punishment.
6. Execute the punishment.
(4) Compensation mediation
1. Collect certificates, bills and various materials related to damages.
2. After confirming the treatment of the injured or determining the damage result, all parties or agents must be asked whether they are willing to conduct compensation mediation within the specified time. Willing to mediate, mediation twice at most; Unwilling to mediate, inform the parties that they can bring a civil lawsuit to the people's court within the statutory time limit.
3. After the mediation is successful, a conciliation statement shall be made and sent to the parties respectively.
4. If the mediation fails, it shall fill in the "Mediation Termination Letter" and send it to the parties, and inform them that they can bring a civil lawsuit to the people's court within the statutory time limit.
Second, the punishment of traffic accidents.
(1) driver's penalty regulations: if the cumulative score of motor vehicle drivers reaches 12, they will be detained, educated in road traffic safety laws and regulations, re-tested and returned to the motor vehicle driver's license if they pass the examination.
(2) Punishment for failing to take out compulsory third-party liability insurance as required: The traffic administrative department of the public security organ will detain the vehicle until it is insured as required, and impose a fine of twice the insurance premium payable according to the minimum liability limit.
(3) Penalty for speeding: If the speed of a motor vehicle exceeds 50% of the specified speed, the maximum fine is 2,000 yuan, and the motor vehicle driver's license may be revoked. The maximum speed of expressway shall not exceed 120km.
(4) Can I drive a motor vehicle during the period when the motor vehicle driver's license is revoked or temporarily detained? During the period when the motor vehicle driver's license is revoked or temporarily detained, no motor vehicle shall be driven. Otherwise, you can be fined up to 2000 yuan, or detained on 15.