Home >> FAQ >> Law >> Administrative Law
What are the eighteen cases of traffic violations where the violating person(s) shall assume full liability for the traffic accident?
(03/24/2008)

According to the applied provisions in the Announcement on Strictly Defining Liabilities and Imposing Punishments Subject to Liabilities in Road Traffic Accidents in Shanghai issued by the Shanghai Municipal Bureau of Public Security, any and all traffic-regulation-violating persons shall assume full liability for the traffic accidents in the case of any one of the traffic violations as follows:

(1) Those persons traveling by foot, walking on the expressway, the outer ring road, the inner ring elevated road or the vehicle-use fly-over bridge that prohibits the entry of pedestrians, who encounter a traffic accident with a motor vehicle;

(2) Those traveling by foot, violating the signaled instructions at a place that is controlled by a traffic signal lamp who encounter a traffic accident with a vehicle;

(3) Those traveling by foot, walking on the pedestrian overpass, underpass or crosswalk within the range of 100 meters of the pedestrian overpass, underpass or painted crosswalk line who encounter a traffic accident with a vehicle;

(4) Those traveling by foot, not walking on the pedestrian way but breaking through or striding across the dividing facilities or guardrails on the road where the central dividing facilities or pedestrian guardrails are established, who encounter a traffic accident with a vehicle;

(5) Non-motor vehicle cyclists who encounter a traffic accident with a person traveling by foot, on the pedestrian way where non-motor vehicles are prohibited, or with a motor vehicle on the path exclusive for motor vehicle usage or a one-way path where non-motor vehicles are prohibited;

(6) Non-motor vehicle cyclists failing to abide by the rules instructed by the traffic signals for stopping or reducing speed to give way, encountering a traffic accident with a vehicle entitled to the priority of passing at the place where such a signal can be identified;

(7) Non-motor vehicle cyclists violating signal instructions who encounter a traffic accident with a pedestrian or other vehicles at a place controlled by a traffic signal lamp;

(8) Non-motor vehicle cyclists arbitrarily driving into a driveway on the road where the driveway and the cycling way are divided, who encounter a traffic accident with a motor vehicle;

(9) Non-motor vehicle cyclists cycling in reverse, or crossing four driveways or more, or making a sudden turn at the time when a vehicle is approaching, who encounter a traffic accident with a pedestrian or other vehicles;

(10) The traffic accident is due to the fact that the motor vehicle driver drank alcohol and the alcohol content in his/her blood is higher than the standard for driving;

(11) The traffic accident is due to a lost control of the vehicle because the motor vehicle driver drove the motor vehicle whilst in a fatigued condition;

(12) The traffic accident is due to the fact that the motor vehicle driver drove the motor vehicle over the central line into the opposite vehicle;

(13) A motor vehicle driver failing to abide by the rules instructed by the traffic signal for stopping or reducing speed to give way, who encounters a traffic accident with a vehicle entitled to the priority of passing at the place where such a signal can be identified;

(14) A person driving a motor vehicle without a motor vehicle driving license or a motor vehicle driver driving a motor vehicle without a number plate or operational permission, who encounters a traffic accident with a foot passenger or other vehicles;

(15) A motor vehicle driver violating the signal instructions who encounters a traffic accident with a foot passenger or other vehicles at the place controlled by the traffic signal lamp;

(16) A motor vehicle driver, driving a motor vehicle, who fails to keep the necessary safe distance with the motor vehicle ahead in the same lane and ran into the other vehicle's back end;

(17) A traffic accident due to the fact that a motor vehicle driver, driving a motor vehicle, intended to transfer lanes, but failed to let a vehicle(s) in the same lane go first; or

(18) A motor vehicle driver driving a motor vehicle in reverse or violating the traffic regulations, by driving onto a path where motor vehicles are prohibited, who encounters a traffic accident with a pedestrian or another vehicle(s).