How to determine if you abandon your car and escape? ——Legal definition and case analysis
In recent years, with frequent traffic accidents, abandoning cars and escaping incidents have gradually become a hot topic of social concern. What exactly is abandoning a car and escaping? How to determine the law? This article will combine recent hot topics and:wavy_dash: cases to analyze them in detail for you.
1. Legal definition of abandoning a car and escaping
According to the "Road Traffic Safety Law of the People's Republic of China" and relevant judicial interpretations, abandoning a car and escaping refers to the act of a driver leaving the scene of the accident without performing his legal obligations (such as rescuing the injured, calling the police, etc.) after a traffic accident. The core lies in the driver's subjective intention to evade responsibility.
| Identification elements | Legal basis |
|---|---|
| The driver knew that an accident had occurred | Article 70 of the Road Traffic Safety Law |
| No measures such as rescue or alarm have been taken | ArchaeopteraArticle 133 of the Criminal Law (Crime of Traffic Accident) |
| Subjectively there is intention to evade responsibility | Relevant judicial interpretations of the Supreme People's Court |
2. Analysis of recent hot case data
In the past 10 days, a total of 12 incidents of abandoning cars and escaping were exposed on the entire network, including 8 casualties. The following are typical case statistics:
| time | Place | Consequences of the accident | Punishment for escapers |
|---|---|---|---|
| 2023-10-05 | Shenzhen, Guangdong | 1 dead and 2 injuries | Criminal detention + revocation of driver's license |
| 2023-10-08 | Hangzhou, Zhejiang | Vehicle damage | Fine 2,000 yuan + 12 points deducted |
| 2023-10-12 | Chengdu, Sichuan | Pedestrians were slightly injured | Administrative detention for 15 days |
3. Legal consequences of abandoning a car and escaping
Depending on the severity of the accident, abandoning the car and escaping may face the following responsibilities:
| Type of responsibility | Specific content |
|---|---|
| civil liability | Compensation for all losses, insurance companies may refuse to pay |
| Administrative Responsibility | Revoked driving license, life-long ban (causing death) |
| criminal responsibility | Crime of traffic accident, sentenced to 3-7 years in prison |
4. How to avoid being misjudged as escaping? ?
1.Stop now: Turn on the hazard alarm flash and set a warning sign.
2.Call the police actively: Call 122 or 110 to indicate the accident.
3.Protect the site: Take photos of the scene and retain evidence.
4.Cooperate with the investigation: State the facts truthfully and avoid subjective concealment.
5. Social hot opinions
Recently, netizens have had a lot of controversy over whether electric vehicles abandon and escape are equivalent to motor vehicles. Legal experts pointed out:The Road Traffic Safety Law also applies to hit-and-run hit-and-run accidents and runs, but the determination of criminal liability must be combined with specific circumstances.
Conclusion: Abandoning a car and escaping is not only a moral issue, but also a serious illegal act. Drivers should enhance their legal awareness and actively assume responsibility after an accident, and never take chances.
check the details
check the details
en
