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On the Phap Van - Cau Gie expressway, there was a continuous accident between 2 cars and 1 motorbike, killing 1 person. So among these 3 cars, which car driver is responsible?
Specifically, the accident occurred at around 10:05 a.m. on November 23, at Km 209+300 on the Phap Van - Cau Gie highway, through Phu Xuyen district (Hanoi).
At the above time, passenger car BKS 18F- 001.XX driven by Mr. NVV, traveling towards Hanoi - Ha Nam, collided with the traffic patrol vehicle (of BOT Company) BKS 29C- 553.XX driven by Mr. D. VK (33 years old, residing in Thai Binh) was driving and an unlicensed motorbike was driven by LTN (14 years old, residing in Nghe An), carrying Ms. V.
The collision injured LTN, and Ms. V. died at the scene. In addition, all three vehicles were seriously damaged.
According to clips appearing on social networks, before the accident, the motorbike repeatedly swerved and swerved in front of the pursuing traffic patrol car. The passenger car also followed to film the clip.
When arriving at Km 209+300, the traffic patrol car overtook the motorbike and pressed it to the left shoulder (100km lane). At this moment, the passenger car also rushed forward and a collision occurred.
In what cases are passenger car drivers exempted from liability?
From a legal perspective, talking to PV Dan Viet, Doctor of Law Dang Van Cuong said that according to the law, a traffic accident with fatal consequences is determined to be a serious consequence.
In case of a traffic accident with serious consequences and the driver of the vehicle causing the accident or another traffic participant is at fault leading to the accident with serious consequences, the traffic participants in this case will be prosecuted for criminal liability according to Article 260 of the Penal Code.
What is worth noting in this case is that the collision that occurred between 3 vehicles, a motorbike, a patrol car and a passenger car, causing one death, one injury and damage to property will be determined as an accident. serious traffic accident. Among the three drivers of this vehicle, whoever is at fault that leads to a traffic accident will be prosecuted for criminal liability.
Mr. Cuong analyzed that the law stipulates that highways are roads reserved for motor vehicles. Drivers of motorbikes, motorbikes or other types of rudimentary vehicles entering the highway are a violation of the law. administrative violations, this behavior alone will be subject to administrative sanctions according to the provisions of Decree 100.
If the behavior is the cause of a traffic accident, the motorbike driver will be prosecuted for criminal liability according to Article 260 of the Penal Code.
In addition, according to the content of the clip, there were signs of a pursuit between the patrol car and two motorcyclists and there were signs of squeezing the two motorcyclists, causing the patrol car and the motorbike to collide. collided with each other and stopped between the passing road and the road, causing a traffic accident to occur.
According to regulations, the road for overtaking vehicles (the leftmost road on the highway) and the road for vehicles (the lane adjacent to the left lane) are places where stopping and parking are prohibited, and all acts of proactive stopping are prohibited. In this location, part of the road, or lanes, it is a violation of the law.
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