Recently, as a Sbaru was travelling to the Red Lion section of the highway, a stray dog appeared on the central road fence. The driver moved in the direction of the vehicle, which, in combination with the rain-sliding road, struck the left and right guard and the bridge concrete fence, and the right front wheel of the vehicle fell into the left lane. And the Audi sedan found tires in the middle of the road, took an emergency brake and stopped in the left lane. A Mercedes-E class immediately after Audi found the front vehicle brake lights on and the emergency brakes were too close to follow him directly Three vehicles occupied two highways on the highway and traffic was interrupted one time, while the loss of the three vehicles was estimated at $100,000.
It is a very dangerous situation to encounter stray dogs at high speed, to avoid rushing in the direction and to avoid them in the event of an emergency. Because each car has different maximum control capabilities, if you don't have enough driving skills, or if you don't have enough control, you can lose control of the vehicle, especially for the poorly operated SUVs.
How can a high-speed vehicle deal with animals? Where an ESP electronic stabilization system is in place, an “urgent suspense” measure may be taken when the speed is reduced to less than 70 kilometres.
(a) The death of a dog on a normal road, usually in four cases;
Dog certificate, dog rope: the owner is responsible;
Dog certificate, no dog rope: the dog owner is responsible;
No dog certificate, dog rope: the dog owner is responsible;
No dog certificate, no dog rope: negotiated settlement;
Some netizens said that there would be many disputes after a car hit a dog, which was not as simple as I thought. Some netizens also say that it would be unreasonable to rely on these four circumstances, such as the fact that the owner of the dog has a dog license and a dog rope, but that the red light runs across the street. The owner of the dog didn't hold the rope and did not have a dog license, but the dog was killed by a motor vehicle that went too fast.
Journalists found that the follow-up traffic incident in the Red Lion section of the highway was first published in the Chongqing evening newspaper on 30 October 2016.
On 28 October 2016, a high-speed tailing incident took place. The Chongqing Night's Reporter, Summer Dukuk.
Contact the author of the report, Chao Qing evening newspaper, chief journalist, Natsumi. He stated that the accident occurred on 28 October 2016. He also found that it had recently been reproduced by a number of online media outlets: “Some of the reproducing articles were modified to distort some of the contents, such as the four responsibilities of hitting a dog on a normal road, which I did not mention in the article.”
Yesterday, journalists learned from Chongqing City General Traffic Administration that, in addition to the four responsibilities of hitting a dog on a normal road, a few media outlets on the Internet reproduced the article with a single question about what to do if, on a high-speed journey, there were suddenly animals in front of them? The answer is "A" to hold the wheel, take the brakes urgently, "B" to hit directly, and "C" to avoid.
Indeed, the Chongqing city traffic administration enforcement team concluded that in high-speed travel, the most feasible approach would be to take decisive and low-cost concessions, and that all three options were not entirely correct.
“Drivers travel at least 80 kilometres per hour on highways. When an animal emerges suddenly, even if your vehicle is equipped with an electronic stabilization control system, it should not be in a hurry to move in a direction where the speed is reduced to less than 70 km/hour. A staff member of Chongqing City Traffic Administration Law Enforcement Unit said:
A car crash, a car accident or a civil dispute?
At present, there is still controversy and disagreement as to whether “dog crash” is a traffic accident.
According to the Law on Road Traffic Safety, traffic accidents should be between “walkers and motor vehicles” or between “motor vehicles and motor vehicles” and do not contain animals, so the crashing of a pet dog can only count as property damages, and the General Principles of Civil Law apply rather than the Law on Road Traffic Safety.
There are also places where dogs crash into traffic accidents.
Article 3 of the Opinions of the General Traffic Patrol Police of the Public Security Department of Jiangsu Province on issues related to traffic accident management provides that traffic accidents shall be dealt with in the event of collisions, crushing, scratching, damage to vehicle property or loss of life, or the death or injury of a pet dog only on the road. In their view, traffic accidents have four elements, as defined by the Road Traffic Safety Act: The main subject of one accident was a vehicle; the space for two accidents was on the road; the cause of three accidents was fault or accident; and the consequences of four accidents included loss of life, injury or damage to property.
Mr. Wang Zhehong, the law firm of Zhejiang, argued that when a car crashes with a dog, it generally results in the dog being killed or injured, the vehicle damaged, etc., and that the dog, as the owner's personal property, should have been damaged or killed as property damage. Thus, the “dog crash” meets the constituent elements of a traffic accident and should be a traffic accident.
What about Hangzhou's responsibility for the car crash?
Yesterday, journalists consulted the public security, traffic police and high-speed traffic police. Depending on the characteristics of the road, it is generally divided into three categories;
Highway
Many of the highways in the Hangzhou district have to travel through the mountain jungle and have run into dogs or wildlife.
The Deputy Commander of the 2nd Platoon of the High-Range Traffic Police Division stated that, according to past accidents, cross-border animals found on the highway could avoid collisions if they were found in a timely manner, focused on ways to ensure safe passage by slowing down, but that some small animals had come out suddenly or the drivers were not focused and were often unable to respond, and that the safest situation was to hit directly and never hit in the direction.
The captain said that in the event of a collision, the police should be alerted in a timely manner, provided that safety was assured. Generally, the high-speeds are mostly vagrancy or wildlife, and the vast majority are unable to find animal owners.
When a vehicle collides with an animal, a high-speed traffic police officer issues an accident certificate to the owner of the vehicle, and insurance companies generally refuse compensation under the exemption clause. At this point, the owner could, upon obtaining an accident certificate, make a claim for damages to the road management unit of the highway, which would be justified by the crashing of the vehicle into a high-speed spill and the search for a high-speed management unit.
In another case, when a vehicle is designed to avoid traffic accidents such as tailings, impact fences, etc., for high-speed crossing animals, the traffic police are considered to be in the category of traffic accidents, which are dealt with in accordance with normal accident procedures and are covered by insurance.
Normal roads
In the case of public roads outside the high speed, a specific analysis of the circumstances of the car crash is required. The statement that the Internet “crashed a dog on an ordinary road, usually divided into four cases” was not accepted by the Hangzhou Traffic Police.
The traffic police indicated that they would coordinate the parties ' own negotiations on compensation on the basis of the facts on the ground and on the basis of objective information, and that if the parties or one of the parties were unwilling to consult or failed to do so, the traffic police authorities would, in accordance with the normal procedure, issue an accident certificate after an investigation, which would determine liability, depending on whether or not the parties had made a mistake and on objective factual circumstances.
Mr. Wang Zhehong, Zhejiang Lake Law Office, said that since there were no specific provisions in the law for motor vehicle pet crashes, it was inevitable that many disputes would arise in the course of dealing with them, and that civilian police dealing with such accidents would generally be conciliation, with a general division of responsibility and a determination based on the actual circumstances. For example, for the dog owner, whether the dog is chained or not, and whether the dog has a certificate is also important as a basis for exoneration. For the owner, whether or not the vehicle is justified or not the traffic violation is crucial. If both parties were at fault at the time, the dog owner and the owner would be responsible in part, but, in that sentence, the objective factors for the accident are numerous, and the specific liability would have to be defined on a case-by-case basis and could not be judged in terms of a few scenarios.
In addition, according to counsel, when the Road Traffic Safety Act does not provide a specific explanation for the collision of dogs, the local judiciary may refer to other locally applicable laws and regulations, such as the Hangzhou Ordinance on Restrictions on Dogs, which specifies that dogs must have a dog certificate, and that small canine dogs must be chained and held by adults for the time allowed to leave the house. The dogs must be cooped up and not allowed to leave their homes; they must not enter markets, shops, restaurants, parks, public green spaces, schools and other public places.
Yesterday, journalists questioned several local traffic squadrons in Hangzhou, and most of the car crashes were resolved by mutual agreement.
Outside roads
According to the Law on Road Traffic Safety, accidents occurring on irregular roads, such as closed squares, sub-districts, underground garages, etc., because the accident space is not on public roads and is an outside accident, in which case a dog crash occurs and is handled by the police station of the locality.
Yesterday, journalists contacted the civilian police at several public security police stations in Hangzhou, saying that the district, the underground garage and the closed square were high-risk areas of collision between a car and a pet dog. Upon receiving such warnings, the civilian police arrived at the scene to coordinate the settlement between the two parties, while helping to fix the evidence, such as the existence of a car accident, the use of a mobile phone, the presence of a dog to hold a dog. If the parties fail to negotiate, CIVPOL recommends that they adopt a legal solution, that the records of the CIVPOL police appearances, the statements of the persons concerned, etc. will serve as an objective basis for the Court ' s final decision.