Motorcycles wrestle on high slopes.

It's cool to ride a motorcycle on a high slope. Although cars have generally become people's means of transportation, motorcycles are still one of the most popular means of transportation. Let's look at motorcycle soliciting and high slope wrestling.

Motorcycle high slope soliciting wrestling 1 motorcycle riding leads to driver's responsibility. According to the law, riding a motorcycle causes people to fall and be responsible. Personal injury compensation includes medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies, necessary nutrition expenses, etc. If the victim is disabled due to injury, it is necessary to increase the disability compensation and the cost of disability AIDS.

And the necessary rehabilitation expenses, nursing expenses and follow-up treatment expenses actually incurred due to rehabilitation nursing and continuing treatment. The share of compensation for damages and personal injury generally depends on the size of the responsibility. Different responsibilities lead to different shares. Infringe on others, causing personal injury.

Reasonable expenses for treatment and rehabilitation, such as medical expenses, nursing expenses and transportation expenses. And lost income due to missed work. If it causes disability, it shall also compensate the disabled for living AIDS and disability compensation. If the company dies, the funeral expenses and compensation for the company's death should also be compensated.

Article 20 of the Procedures for Handling Road Traffic Accidents stipulates that if the property loss accident can be handled through self-negotiation, the parties can handle it through online self-negotiation; If the parties dispute the facts and reasons, they can jointly apply to the traffic management department of the public security organ for online determination of the responsibilities of the parties through the Internet. The client called the police.

The traffic police and auxiliary police can guide the parties to negotiate on their own. If a party requests the traffic police to be present for handling, it shall assign the traffic police to be present for investigation and handling. Twenty-first parties to reach an agreement through self-negotiation, make a self-negotiation agreement on road traffic accidents and sign it together.

The self-negotiation agreement on road traffic accidents shall specify the time, place, weather, name of the parties, driver's license number or sfz number, contact information, motor vehicle type and license plate number, insurance company, insurance certificate number, accident form, collision location, responsibilities of the parties, etc. Article 60 The traffic administrative department of the public security organ shall determine the responsibility of the parties according to the role played by their actions in road traffic accidents and the severity of their faults.

(a) due to the fault of one party caused by road traffic accidents, take full responsibility;

(2) If a road traffic accident occurs due to the fault of two or more parties, they shall bear primary responsibility, equal responsibility and secondary responsibility respectively according to the role their actions played in the accident and the severity of the fault;

(3) The parties are not at fault for causing road traffic accidents. If it is a traffic accident, neither party is responsible. If one party intentionally causes a road traffic accident, the other party shall not bear the responsibility.

The responsibility for the accident shall be determined by the traffic police, and the accident responsibility letter shall prevail. The traffic administrative department of the public security organ shall determine the responsibility of the parties according to the role played by their actions in road traffic accidents and the severity of their faults.

Traffic accident responsibility is divided into full responsibility, primary responsibility, equal responsibility and secondary responsibility. If a traffic accident is caused by one party's illegal behavior, the illegal party shall bear all the responsibilities, and the other party shall not bear the responsibility for the traffic accident. The illegal acts of both sides jointly caused traffic accidents.

The party that plays a major role in traffic accidents bears the main responsibility, and the other party is secondary; Violation of regulations has basically the same function in traffic accidents, and both parties shall bear the same responsibility. If the illegal acts of three or more parties jointly cause a traffic accident, the responsibilities shall be divided according to their respective roles in the traffic accident.

Motorcycle soliciting, wrestling on high slopes. 2 riding a motorcycle causes people to fall, and they are responsible. Responsibility is divided by the traffic police, and compensation is made according to the responsibility certificate. Personal injury compensation includes medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies, necessary nutrition expenses, etc. If the victim is disabled due to injury, it is necessary to increase the disability compensation and disability AIDS, as well as the necessary rehabilitation expenses and nursing expenses, as well as the actual follow-up treatment expenses incurred due to rehabilitation nursing and continuing treatment.

Legal analysis

According to relevant laws and regulations, motorcycles, as a convenient means of transportation, have gradually entered thousands of households. By studying the common traffic violations and their harm, we know that motorcycle carrying people is one of the common traffic violations. Many people will use motorcycles to carry people for convenience when driving motorcycles.

Driving a motorcycle should obtain a driver's license in accordance with the law and carry it with you. You are not allowed to drive an unlicensed vehicle. Too many passengers will aggravate the instability of motorcycles. Except the driver, two-wheeled motorcycles can ride 1 passengers, and children under 12 cannot ride. Mopeds are not allowed to carry people. Anyone who causes injuries by driving a motorcycle shall report the case first.

The traffic police should identify the responsibility for the accident; In this case, the passenger is generally not at fault and the driver is liable for compensation. If the motorcyclist causes others to fall, it must be the owner's responsibility! Being hit or knocked down by other cars without violating the rules during normal riding is another matter! Not entirely the responsibility of motorcycle drivers! Specifically, it depends on the identification of traffic police accident responsibility.

legal ground

Article 55 of the Regulations for the Implementation of the Law of the People's Republic of China on Road Traffic Safety shall comply with the following provisions: (1) Road passenger cars shall not exceed the approved number of passengers, except for children who are free of charge according to regulations. When the passengers are full, the number of children who are free of charge according to regulations shall not exceed10% of the approved number of passengers;

(two) the truck compartment shall not carry passengers. On urban roads, freight motor vehicles can carry 1 to 5 temporary workers when they leave a safe place; When the height of the goods exceeds the railing of the carriage, no passengers are allowed; (3) Minors under the age of 12 are not allowed to ride in the back seat of motorcycles, and mopeds are not allowed to carry people.

How to compensate for the accident caused by motorcycle wrestling in Gaopo?

The compensation items for motorcycle accidents include medical expenses, hospitalization expenses, transportation expenses, nursing expenses, food subsidies for hospitalization, nutrition expenses, lost time, death compensation or disability compensation, funeral expenses, spiritual comfort money, living expenses of dependents, follow-up treatment expenses, assistive devices and appliances, and appraisal fees.

Driving a motorcycle on the road must meet the following conditions:

1, the motorcycle comes with its own driving license and license plate, and if there is no license plate and driving license, it will be fined in 200 yuan.

2. Driver's license, two-wheeled motorcycle with E license, three-wheeled motorcycle with D license, no driver's license, fine of 200-2,000 yuan, administrative detention 15 days.

3, pay compulsory insurance, no compulsory insurance, 2 times the insurance fine. If any of the above three items are not met, the car will be detained.

Under normal circumstances, motorcycles are only allowed to carry one person, which means there are two drivers. Driving a two-wheeled motorcycle, if overloaded, even if the owner has complete documents and wears a helmet, is simply overloading one person, and the traffic police will also fine 200 yuan and deduct three points. These punishments have a legal basis.

The accident liability certificate issued by the traffic police department is the first thing to drive a motorcycle and carry people out an accident, and it is the beginning of all compensation liability basis. Take responsibility according to the proportion of the traffic police team.

Relevant regulations:

Interpretation of some problems about the specific application of law in the trial of traffic accident criminal cases

(the Supreme People's Court Judicial Committee adopted Interpretation [2000] No.33 at its136th meeting on 10, 2000).

In order to punish traffic accident-causing criminal activities according to law, according to the relevant provisions of the Criminal Law, some issues concerning the specific application of law in the trial of traffic accident-causing criminal cases are explained as follows:

Rule number one. Personnel engaged in transportation or non-transportation who violate traffic rules and have a major traffic accident shall be convicted and punished in accordance with the provisions of Article 133 of the Criminal Law on the basis of distinguishing the responsibility for the accident.

Article 2 If a traffic accident occurs under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention:

(a) one person died or more than three people were seriously injured, and they were fully or mainly responsible for the accident;

(2) An accident in which three or more people died and were equally responsible;

(3) Causing direct losses to public property or other people's property, and being wholly or mainly responsible for the accident, and being unable to compensate for the amount of more than 300,000 yuan.

If a traffic accident causes serious injuries to more than one person, and bears all or the main responsibility for the accident, and has one of the following circumstances, he shall be convicted and punished for the crime of traffic accident:

(a) driving a motor vehicle after drinking or taking drugs;

(2) Driving a motor vehicle without driving qualification;

(three) driving a motor vehicle knowing that the safety device is incomplete or the safety components are out of order;

(4) Driving with knowledge of unlicensed or scrapped motor vehicles;

(five) serious overload driving;

(six) to escape from the scene of the accident in order to escape legal investigation.

Article 3 "Escaping after a traffic accident" refers to the behavior of the actor who escapes from legal investigation after a traffic accident under any of the circumstances specified in Items 1 and 2 (1) to (5) of Article 2 of this Interpretation.

Article 4 If a traffic accident occurs in any of the following circumstances, it shall be deemed as "having other particularly bad circumstances" and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years:

(a) causing two or more deaths or five or more serious injuries, and taking full or main responsibility for the accident;

(2) An accident in which more than six people died and were equally responsible;

(3) Causing direct losses to public property or other people's property, taking full or main responsibility for the accident, and being unable to compensate for the amount of more than 600,000 yuan.

Article 5 "Death caused by escape" refers to the situation that after a traffic accident, the perpetrator fled in order to avoid legal investigation, resulting in the victim's death due to lack of assistance.

After a traffic accident, if the person in charge of the unit, the owner of the motor vehicle, the contractor or the passengers instigated the perpetrator to escape, thus causing the victim to die because he could not get help, he shall be punished as an accomplice in the crime of traffic accident.

Article 6 Where an actor hides or abandons the victim after a traffic accident to avoid legal investigation, resulting in the death or serious disability of the victim, he shall be convicted and punished for intentional homicide or intentional injury in accordance with the provisions of Article 232 and Article 234, paragraph 2, of the Criminal Law respectively.

Article 7 If the person in charge of a unit, the owner of a motor vehicle or the motor vehicle contractor instigates or forces others to drive illegally, thus causing a major traffic accident, he shall be convicted and punished for the crime of causing traffic accidents under one of the circumstances specified in Article 2 of this Interpretation.

Article 8 A major traffic accident within the scope of public traffic management shall be handled in accordance with Article 133 of the Criminal Law and the relevant provisions of this Interpretation.

Whoever drives a motor vehicle or uses other means of transportation to cause casualties or heavy losses to public property or other people's property outside the scope of public transportation management, which constitutes a crime, shall be convicted and punished in accordance with the provisions of Articles 134, 135 and 233 of the Criminal Law respectively.

Article 9 The higher people's courts of all provinces, autonomous regions and municipalities directly under the Central Government may, according to local conditions, determine the threshold amount standards for implementing Item (3) of Paragraph 1 of Article 2 and Item (3) of Article 4 of this Interpretation within the range of 300,000 yuan to 600,000 yuan and 600,000 yuan to/kloc-0,000 yuan, and report them to the Supreme People's Court for the record.

Since motorcycles were classified as motor vehicles, the driving behavior of motorcycles has also been strictly managed. If there is an accident while riding a motorcycle with passengers, then the accident should also be counted as a traffic accident, and the proportion of responsibility should be appropriately shared, especially the medical expenses of the victims.