The Chaoyang Law Firm tells you whether you should move your vehicle after a traffic accident.
Time:
2022-08-22
In recent years, with the development of society, the number of vehicles has been increasing year by year, and the incidence of traffic accidents is also on the rise. If a traffic accident occurs, resulting in personal injury or vehicle damage, please do not panic. Let's take a look at the legislative purpose of the "Road Traffic Safety Law of the People's Republic of China". The purpose of the "Road Traffic Safety Law of the People's Republic of China" is to maintain road traffic order, prevent and reduce traffic accidents, protect personal safety, safeguard property safety and other legitimate rights and interests, and improve traffic efficiency.
After a traffic accident occurs, regardless of whether you are driving, you should consider other legitimate rights and interests, such as traffic order, personal rights, property rights, and traffic efficiency. Personal and property rights, as well as road traffic order and traffic efficiency, must be protected. Based on personal rights and property rights, they can be divided into: personal injury accidents and vehicle damage accidents, with the more common cases involving personal injury and vehicle damage. In light of these three situations, whether to move the vehicle after a traffic accident can be divided into the following three aspects:
First, you can move the vehicle.
For minor property damage without casualties, you can take photos to correct evidence and move the car. Minor property damage will not prevent the car from driving and affect the passage of other traffic participants, thus causing road traffic congestion. According to Article 13 of the "Measures for the Handling of Road Traffic Accidents", you should evacuate on your own; if evacuation is not possible, the parties involved should be ordered to evacuate the scene; if traffic congestion is caused, a fine of 200 yuan will be imposed; if the driver commits other road traffic safety violations, they may face legal penalties and fines simultaneously. Therefore, this is not a blanket statement. Some may say that according to Article 70, Paragraph 1 of the "Motor Vehicle Protection Regulations", according to the "Road Traffic Safety Law of the People's Republic of China", you should stop immediately and protect the scene. If it is just a minor scratch accident, please take photos to correct evidence, and then do not affect traffic. To improve the efficiency of the peer-to-peer network, it must be removed; otherwise, it will lead to traffic congestion and endanger traffic order and safety.
Second, it is not recommended to move the vehicle.
In the event of a traffic accident, if there is no license plate, the driver does not have a driving license, or is driving under the influence, neither party is allowed to move the accident vehicle. In any of the above situations, the vehicle is not allowed to be driven. Of course, if there is suspicion that the driver is engaged in school bus operations or passenger transport, or if there is serious overloading or exceeding the speed limit, and if one party leaves the scene, there is evidence indicating that the accident was intentionally caused by one party, it is also not recommended to move the vehicle. Even if the accident is minor, it is not recommended to move the car in the above situations. It is advised to report to the police immediately.
Third, before moving the vehicle, it is necessary to mark the vehicle's position.
When a major traffic accident occurs, according to relevant laws and regulations, you should stop to protect the scene. If there are casualties, the injured should be rescued first. Although moving the car may damage the scene, you can mark the moving position in advance. Article 70 of the "Road Traffic Safety Law of the People's Republic of China" also stipulates that if the scene is changed due to rescuing the injured, the position should be marked. Of course, in certain cases, the following items need to be marked before relocation: buildings, public facilities, and other facilities that have fallen, no inspection qualification mark in the jurisdiction, no mandatory traffic insurance mark, and no mandatory traffic insurance, and one party flees the scene. In these cases, you need to mark the vehicle's position before moving it.
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