|
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).
|