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What should I do if I meet someone by bike?
What should I do if I hit someone by bike? This may be the case for many people who often ride bicycles. Although it is a non-motor vehicle accident, it should not be taken lightly, especially when compensation is involved. If it is not handled well, it will also bring endless trouble to the parties. Here, I would like to introduce you to the common sense of dealing with people who are hit by bicycles.
First, what should I do if I hit someone by bike?
1, first call the police, and the public security traffic control department will determine the responsibilities of both parties to the accident. If the circumstances are minor, both parties can negotiate and sign a settlement agreement under the mediation of the traffic police. The settlement agreement should be reached on the basis of equality, voluntariness and consensus. After being examined by the traffic police, the agreement can be signed and witnessed without violating the law.
2. When both parties fail to reach a compensation agreement through mediation, the other party can sue and solve the problem according to the division of accident responsibility. If there is a big dispute between the two sides, it is best to apply for medical appraisal. In addition to the hospital diagnosis, the other party should also prove that there is a causal relationship between the injury and your car collision. Other compensation matters claimed by the other party may also require the other party to provide corresponding evidence.
Second, the division of responsibility for bicycle collision
1, depending on whether the pedestrian's subjective intention is intentional. If a pedestrian deliberately crashes into your car, you can drive normally and be exempted from liability.
2. If the pedestrian doesn't intentionally hit you, but is at fault (violating traffic laws, regulations and rules), you are not at fault, and you will bear the responsibility of 10% at most.
If the pedestrian didn't hit you intentionally, but he was at fault (violating traffic laws, regulations and rules), you are at fault and you should take full responsibility.
Finally, pedestrians are not at fault, and neither are you. Fair responsibility, the average pedestrian will be less than you, but your responsibility should not exceed 75%.
III. General compensation items for bicycle collision
According to the Interpretation on Several Issues Concerning the Trial of Personal Injury Compensation Cases, the cyclist should compensate the injured party for the economic losses caused to the other party by this traffic accident, such as medical expenses, lost time, nursing expenses, transportation expenses, hospital food subsidies, necessary nutrition expenses, appraisal expenses (disability grade), disability compensation, rehabilitation expenses and follow-up treatment expenses. Of course, in actual implementation, some or all compensation items will be divided with the injured party according to the accident responsibility.
Walking on the road, you will find that the phenomenon of hitting people by bike is quite common, the degree of collision is light or heavy, and the compensation requirements are different. So ... what if you hit someone by bike? If something happens to you, you must keep calm and make a rough judgment on the division of responsibilities. If you can't reach an agreement, remember to protect your rights and interests, resolutely resist unreasonable compensation, and ask a lawyer to handle it for you if necessary.
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