Have you watched ‘Happy Comedian’?
Recently, the sketch ‘Too late to regret’ performed online by the team of Zhijia Cui, told that two brothers who ran the red light over speed argued with one drunk driving man after their cars collided, receiving positive evaluation! Today, we will discuss this good lesson about traffic safety.
First: When running a red light over speed encounters drunk driving, who is responsible?
A: Did I run the red light just now?
B: Yes.
A: Did I drive over speed limit?
B: Yes.
A: I hit him into the ditch. I should take full responsibility.
C: That’s right. But if I drive under the influence of alcohol, it’s my fault.
Actually, the aforementioned discussion is a false proposition because it is not the legal situation of taking full responsibility in traffic accident! There are four main types of statutory ‘full responsibility’ :
(1) Escaping after a traffic accident. If there is evidence that the other party is also at fault, the liability may be mitigated;
(2) Deliberately damaging, forging the scene or destroying evidence after a traffic accident;
(3) If a non-motor vehicle driver or pedestrian causes an traffic accident deliberately, the motor vehicle shall be exempted from liability;
(4) If a student causes a traffic accident while learning to drive, the coach shall take responsibility.
So what are the ‘full responsibility for rear-end collision’ and the ‘full responsibility for running a red light and drive over speed’?
In fact, they are the prohibitive behaviors summarized from the driving norms such as ‘turning vehicles give precedence to the going straight vehicles’, ‘the rear car should keep enough distance with the front car for taking emergency braking measures when they are in the same lane’. For example: the turning car not giving precedence to the going straight car when the green light, retrograding, overtaking when there are another possible, causing traffic accident when opening car door, causing traffic accident because of sliding driving, etc., but not including drunk driving. Note that these types of ‘full responsibility’ can only be established on the premise that the other party fully complies with the traffic safety regulations.
Second: Struggled for decades, drunk driving ruined one life.
C：Guy, I admit I drunk.
We often say that driving under the influence of alcohol ruin one’s life, so what are the consequences of drunk driving?
l Drive under the influence of alcohol: detain driving license for 6 months + fine 1000 RMB ~ 2000 RMB + deduct 12 points
l Drive under the influence of alcohol again: detain less than 10 days + fine 1000 RMB ~ 2000 RMB + license revocation
l Drunk driving: bound to sober up + license revocation + can not get a new driving license in 5 years + suspected of dangerous driving crime
l DUI or drunk driving and causing a serious traffic accident: to be investigated for criminal responsibility + to revoke the driving license + to be banned from driving for life
What are the standards for DUI and drunk driving? Please have a look at
If the alcohol concentration in blood < 20mg/100ml, the driver is not DUI (not illegal);
If the alcohol concentration in blood≥20mg/100ml, the driver is drunk driving;
If the alcohol concentration in blood ≥ 80mg/100ml, the driver is drunk driving.
Despite remembering the slogan, there are still some people who choose to drive under influence on purpose. There are even some comments on the Internet, such as ‘a 200ml bottle of beer is not enough for drunk driving’. The drunk driving standard is fixed, but everyone’s body is different to the reaction of alcohol, not pushing your luck! In addition to serious legal consequences, drunk driving may also influence your life to varying degrees, such as expulsion from public office, expulsion from the party, restricted enlistment, not as a police, a prosecutor, a judge or a lawyer, not as the principal of a state-owned enterprise or a mass organization, immigration visa and study abroad restrictions, etc....drunk driving wreck a life veritably.
Third: Escape costs more, those who escaped are stupid.
A: I have a good idea.
B: What, Hu?
A: Escape.
Can we only choose to escape if we are so scared owing to causing an traffic accident?
No! Escape could only make things worse!
First of all, in the liability for compensation, insurance is the guarantee of getting high compensation when having an accident. But you know that once troublemaker escapes, the insurance company will not to compensate victim according to the third party insurance(i.e., the insurer or its permitted driver have an accident when using the insurance vehicle, causing a third party to suffer personal injury or death or direct property damage. The insurer shall bear the economic responsibility legally and the insurance company is responsible for compensation). Can you afford to the compensation if you escape? Second, under China’s Law on Road Traffic Safety, drivers violating the legislation and causing heavy traffic accident and being a crime can be revoked license and banned from driving for life if they escape!
Finally, causing casualties and still escaping is equivalent to the unconscionable ‘executioner’, so escape is the statutory aggravation of traffic offences. If the crime of causing traffic accidents is committed, the troublemaker may only be sentenced to criminal detention; but once escape, the lightest sentence shall be 3 years of imprisonment; if escape causing death, the troublemaker may be sentenced to more than seven years of imprisonment! At the same time, if the passenger instigate the driver to escape, resulting in the death of the injured due to lack of assistance, he will also be punished as an accomplice in the crime of causing traffic accidents.
So, call the police when having an traffic accident. Escape is completely stupid act!
Fourth: How about settling in private?
A&B: Can we settle in private？
Usually, in the face of minor accident with no damage to public property and dispute, many car owners will choose to settle in private. But some accidents can not be settled in private!
According to the regulation on process of conducting road crashes, besides the casualty accident, the property loss accident that has one of the following circumstances cannot be settled in private~
(1) not having a valid driving license or not conforming to the type of vehicle driving license;
(2) driving under the influence of alcohol or drugs;
(3) the driver is engaged in the business of school bus or passenger transport, seriously overloading or over speed;
(4) driving a motor vehicle without license plate or using a forged or altered license plate;
(5) the party concerned is injured and unable to move the vehicle by himself;
(6) one party leaves the scene;
(7) there is evidence that the accident was intentionally caused by one party.
Protect the scene and immediately call the police when having a traffic accident! If you settle in private arbitrarily and at that time, the injured person’s illness takes a turn for the worse and gets into compensation dispute with you, etc., it will be more difficult for you to bear the burden of persuasion and may be faced with a serious struggle!
Voice-over:
An accident happened at the ‘lucky road’ intersection just now. The three men in the car died in this accident, one of whom was speeding and the other was drunk driving. Such accidents happen from time to time, so every driver shall abide by the traffic rules and drive carefully .
Finally, the three drivers, who are still fighting over how to compensate for the other side and settle in private, watched the police and medical staff carry their bodies out of the car, and finally realized the painful cost of their illegal driving, but it was too late...You have only one life, please be sure to comply with the traffic regulations and drive carefully!
