Case Introduction

      Zhang's vehicle collided with other vehicles at the rear while reversing in the parking lot of the residential area, causing damage to the vehicle. After the accident, Zhang claimed that he got off the car and found that there was no contact information of the owner on the vehicle. He then informed the community security that the accident had occurred, but in a hurry, he forgot to leave his contact information. Subsequently, Zhang drove the vehicle away from the scene.

      Three days later, the owner of the vehicle, Mr. Zang, reported to the police that his vehicle had been scratched and went to the Daxing Traffic Brigade to provide statement materials and community surveillance videos. The Daxing Traffic Brigade notified Mr. Zhang on the same day to accept the handling and conducted an inquiry and investigation. After investigation, the Daxing Traffic Detachment determined that Zhang had committed an illegal act of causing minor injury or property damage by escaping after a traffic accident, which did not constitute a crime. It was decided to impose a fine of 1800 yuan on Zhang and 6 points on his driver's license. Zhang was dissatisfied and appealed to this court.

Court Trial

       After trial, this court believes that Zhang did not immediately report to the police and wait for handling after the accident occurred. Instead, he drove away from the scene of the accident and did not leave his effective contact information or actively contact the other car owner at the scene. This subjectively has the possibility of evading legal responsibility and is attributable. Zhang's claim that he is not aware of the requirements of traffic safety laws and regulations, as well as his opinion that he did not evade compensation responsibility when contacted by the other car owner, does not constitute an escape opinion, lacks rationality and legitimacy, and this court does not accept it.

       The Daxing Traffic Detachment, based on the nature and circumstances of Zhang's illegal behavior, imposed a fine of 1800 yuan on him, which falls within the category and scope of punishment prescribed by law. The 6 points recorded for his illegal behavior also comply with the relevant provisions of the Regulations on the Application and Use of Motor Vehicle Driving Licenses. Therefore, the judgment rejects the plaintiff Zhang's lawsuit request. Zhang did not appeal after receiving the judgment.

Judicial interpretation

       With the continuous increase in the number of motor vehicles and drivers, disputes arising from penalties for traffic violations are also increasing. Practicing civilized transportation is the responsibility and obligation of every traffic participant. Traffic accident and escape is a serious illegal act that may lead to civil liability, administrative liability, and even criminal liability.

       According to Article 99, Paragraph 1, Item (3) of the Road Traffic Safety Law of the People's Republic of China, if one of the following behaviors is committed, the traffic management department of the public security organ shall impose a fine of not less than 200 yuan but not more than 2000 yuan: (3) If one escapes after causing a traffic accident but does not yet constitute a crime. Article 70, Paragraph 1 stipulates that in the event of a traffic accident on a road, the driver of the vehicle shall immediately stop and protect the scene.

       Therefore, in the event of a traffic accident, the driver has the obligation to immediately stop, protect the scene, rescue the injured, and quickly report to the police. It is important to note that this is the driver's legal obligation and is not related to whether the driver is responsible for the accident. At the same time, cooperating with the public security traffic management department to investigate the cause of the accident and accurately determine responsibility is also the driver's legal obligation. If the driver leaves the accident scene without authorization, it is likely to be recognized as a traffic accident escape.

      This article is transferred from the official account of "Daxing Court", and thanks for it.