Law

The cyclist was found responsible for the traffic accident caused by stealing lanes

2024-12-18   

In recent years, more and more people have started choosing to ride bicycles to and from work, not only to avoid congestion, but also to keep fit and healthy. However, some cyclists choose to ride at high speeds in the complex traffic environment of morning and evening rush hour, and there are incidents of illegal running of lights, speeding and lane racing, leading to related accidents. Recently, the People's Court of Xicheng District, Beijing, tried a traffic accident liability dispute case caused by the collision of bicycles and motor vehicles. Previously, Mr. Zhang was driving a taxi from north to south at an intersection when Ms. Sun was riding her bicycle and making a U-turn, resulting in a collision between the two. Ms. Sun was injured as a result and was diagnosed with lumbar compression fracture, which was assessed as Grade 10 disability. According to the traffic management department of the public security bureau, Ms. Sun was found to have committed a fault by not allowing straight vehicles to pass through the intersection while cycling, and she bears the main responsibility; Mr. Zhang has committed other wrongful acts that impede safe driving and bears secondary responsibility. Afterwards, due to unsuccessful negotiations on compensation, Ms. Sun sued Mr. Zhang, as well as the taxi company and insurance company, in court to demand compensation. During the trial, both Ms. Sun and Mr. Zhang raised objections to the accident determination. Ms. Sun believed that the location of the accident was an entrance that allowed non motorized vehicles to pass through. There were no legal restrictions on the speed of non motorized vehicles, and there were no signs such as traffic lights at the intersection where the accident occurred. Motor vehicles should yield to non motorized vehicles, so Mr. Zhang should bear the main responsibility for the accident. Regarding this, Mr. Zhang believes that the accident was entirely caused by Ms. Sun's speeding and lane breaking behavior. "She rode her bicycle across three motor vehicle lanes and attempted to overtake the vehicle I was driving and make a U-turn in the motor vehicle lane. I immediately applied the brakes upon discovery, so she should not be held responsible. After the trial in Xicheng Court, the opinion of the traffic accident determination letter from the public security traffic management department was adopted. After comprehensive consideration of the case, it was decided that Mr. Zhang should bear 30% of the responsibility and Ms. Sun should bear 70% of the responsibility. At the time of the incident, Mr. Zhang was performing his duties. Regarding Ms. Sun's claim for reasonable amounts of various losses, the insurance company will compensate first, and the portion outside the insurance limit will be compensated by the taxi company according to the liability ratio. After the first instance judgment was made, neither party appealed, and the judgment has now come into effect. The judge later stated that both cyclists and motor vehicle drivers should comply with road traffic safety regulations. According to the Road Traffic Safety Law, driving non motorized vehicles on the road shall comply with relevant traffic safety regulations, and non motorized vehicles shall drive within the non motorized lane; On roads without non motorized lanes, one should drive on the right side of the roadway. Therefore, if a rider suddenly enters a motor vehicle lane and competes with a motor vehicle while there is a non motor vehicle lane, the rider should be deemed to bear significant accident liability as they do not have priority access. In the absence of non motorized vehicle lanes, motor vehicles and cyclists usually mix. If there are signs indicating that motor vehicles or non motor vehicles should be given priority or prohibited from driving, the right of priority shall be determined according to the traffic signs. The party who violates the traffic signs shall be deemed to bear greater accident liability; If there are no traffic signs for passage, non motorized vehicles should drive on the right side as the traffic rule. When determining accident liability, it is necessary to comprehensively consider the priority right of way and safety precautions of cyclists and motor vehicle drivers. In this case, Ms. Sun, in order to pass through as soon as possible while riding, drove out of the non motorized vehicle lane and collided with a motor vehicle, causing a traffic accident. Therefore, she needs to bear significant responsibility for the accident. The judge also reminded that bicycles do not have the right of way on highways, urban expressways, or other closed motor vehicle exclusive roads, and should not be ridden in. In addition, if cyclists intentionally engage in physical altercations with others, chase and race during the cycling process, which may pose a danger to public safety, they may be subject to administrative penalties or even criminal offenses. (New Society)

Edit:Rina Responsible editor:Lily

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