When driving on the road, does it mean you bear no responsibility if you don't physically collide with anyone? Many people hold this view in daily lfe. However, there is a special type of traffic accident in reality: the two vehicles do not make any physical contact, yet one party is still held legally liable. This iknown as a "contactless traffic accident." It may stem from an arbitrary lane change, a blinding high beam, or reckless illegal parking. These seemingly "unrelated" actions can instantgger a chain reaction, causing injury to others or property damage. How does the law define liability in such accidents? Can "contactless" serve as a reason for exemption from liabilitecently, the Beijing No. 2 Intermediate People's Court heard a relevant case.

案情简介

On a night in June 2025, while riding a bicycle under the influence of alcohol, Old Zhang was passing a small 

civen by Xiao Wang in the opposite direction when he collided with the left rear of an unlicensed 

three-wheeled vehicle parked by the roadside belonging to Xiao Li. Old Zhang died afteailing to be saved by 

the hospital, and his bicycle was damaged. According to the judicial appraisal opinion, Old Zhang's bicycle did 

not come into contact with the small car driven bao Wang; the accident was caused by Old Zhang riding his 

bicycle into Xiao Li's parked three-wheeled vehicle.

Regarding the determination of liability for this accident, the public security traffic management deparent 

issued a "Traffic Accident Determination Certificate," ruling that: 1. Old Zhang rode his bicycle while 

intoxicated and bears equal responsibility for the accident; 2. Xiao Li failedregister his three-wheeled vehicle, 

and his parking obstructed the passage of other vehicles; Xiao Wang used high beams in violation of 

regulations; the two jointly bear equal responsiDissatisfied with the accident determination, Xiao Li applied for 

a review, and the original determination was upheld after the review.

The small car driven by Xiao Wang was insured with Compulic Insurance (CTI) and third-party liability 

insurance. Xiao Li's unlicensed three-wheeled vehicle was not insured with CTI or any other insurance. 

Subsequentl Old Zhang's statutory heirs filed a lawsuit with the court, requesting a judgment ordering the 

insurance company, Xiao Wang, and Xiao Li to compensate for medical expenses, funeral expenses, death 

compensatio dependent's living expenses, mental distress damages, and other costs, totaling over 1.6 million 

yuan.

法院审理

　　Upon review, the Beijing No. 2 Intermediate People's Court held that the traffic management department's determination that Old Zhang bears equal responsibility for the accident, while Xiao Li and Xiao Wang share equal responsibility, is appropriate and is hereby confirmed. Regarding the apportionment of responsibility between Xiao Wang and Xiao Li, although the Traffic Accident Liability Determination Certificate found that they jointly bear equal responsibility for the accident, it did not specify the exact proportion of liability between them. It is necessary to reasonably determine the extent of liability for all parties by taking into account the specific circumstances of the case and comprehensively considering factors such as the specific conduct of the tortfeasors and the degree of their subjective fault.

　　The accident in this case occurred at night. Xiao Wang's violation of driving regulations by using high beams caused Lao Zhang to be momentarily blinded while  him, unable to see the road ahead, akin to "driving with eyes closed," resulting in a sudden decline in perception and judgment and subsequently colliding with a tricycle parked by he roadside. While Xiao Li parked the tricycle by the road in front of his home, and the vehicle was unregistered and the parking obstructed the passage of other vehicles,  was not the primary cause of the accident.The court ultimately determined that Xiao Wang bears 40% of the liability for compensation and Xiao Li bears 10%, and legally ruled that the insurance cy, Xiao Wang, and Xiao Li shall bear the corresponding compensation amounts.

法官提示

一、What is a non-contact traffic accident?

　　Simply put, it refers to a traffic incident where the parties did not collide, but one party's violation caused the other to be startled or forced to take emergecy measures, ultimately resulting in personal injury or property damage. For example, a preceding vehicle suddenly changing lanes causes the following vehicle to brake sharply and collide with a guardrail; or a turicle failing to yield forces a vehicle going straight to swerve and fall. Common scenarios also include illegal parking on the roadside forcing non-motorized vehicles to detour and colith oncoming vehicles; and the misuse of high beams at night causing impaired visibility for oncoming cyclists, leading them to collide with obstacles. According to Article 119 of the affic Safety Law of the People's Republic of China,"Contact" is not an element of a traffic accident; it is established as long as it meets the criteria of "damage caused by a vehicle on the road due or accident."

二、In non-contact traffic accidents, how is it determined whether the parties are liable?

No contact does not equate to no liability. Typically, traffic police issue a "Traffic Accident Liability 

Determination Certificate" detailing the fa causes, and responsibilities. While the determination certificate 

serves as crucial evidence for handling the accident, it is not the sole basis for courts to determine the 

proportion of compensation. Judges will also take into consideration the degree of fault of all parties and the 

strength of the causal relationship between the conduct and the damage to ultimately determine the 

respective shares of liability.

For instance, this includesning whether there were traffic violations such as illegal lane changes, sudden 

emergency braking, failure to yield as required, improper use of lights, or speeding; whether there is a causal 

relationship the conduct and the damage, meaning that although there was no contact, the conduct directly 

caused the other party to take emergency measures like sharp turns or sudden braking to avoid a collision, in 

accidents such as falling, hitting a guardrail, or colliding with other vehicles; whether the actor was 

subjectively at fault, meaning they should have foreseen that their conductcause danger but failed to avoid it 

due to intent, negligence, or overconfidence; and whether actual damage occurred, meaning personal injury 

or property loss was caused, and that the consequenceectly linked to the illegal conduct.

三、How should parties involved in a non-contact traffic accident protect their legitimate rights and interests?

First, stop immediately and protect the scene; do not drive away just because there was no collision, otherwise you may face charges for fleeing the scene and insurance denial.Turn on the hazard warning flashers, set up warning signs, and take photos and videos of the vehicle positions at the scene, the road environment, traces and physial evidence, and any potential surveillance points in the vicinity; properly preserve the dashcam footage, and try to obtain contact information from any witnesses if available.

Secondly, you should immediately call the police and notify your insurance company.Clearly explain "no-contact accident, damage caused by avoidance/disturbance," cooperate with traffic police for investigation and recording of statements, and inform the insurancmpany of the specific process of the "no-contact accident." If there are injuries, call 120 for emergency medical services immediately.

Furthermore, if you have objections to the determination of accident liability, you may apply for a review within three days of receiving the determination notice.At the same time, it is recommended to keep written and electronic records during negotiations with the other party, and to exercise caution regarding "private settlement" proposals that ack a basis.

Finally, please protect your rights in accordance with the law and preserve relevant evidence, including accident determination reports, medical records, expense receipts, and proof of los wages, etc.If negotiations fail, a civil lawsuit may be filed with the People's Court, requesting the court to legally apportion liability and determine compensation liability based on tree of fault and causation.

This article is reprinted from the WeChat Official Account "Shandong Higher People's Court", and we express our gratitude!