What to do if a foreigner has a Motorcycle riding Accidents while riding in China?
Here is the translation of the provided information regarding motorcycle accidents and their handling according to Chinese road traffic safety laws:
1. Handling of Motorcycle Accidents:
Drivers involved in a motorcycle accident should immediately stop, protect the scene, and promptly report to the on-duty traffic police or the public security traffic management department.
According to Chinese law, in the event of a traffic accident on the road, drivers must immediately stop, protect the scene. In cases of personal injury or death, drivers must provide immediate assistance to the injured and promptly report to the on-duty traffic police or public security traffic management department. If the scene needs to be altered due to providing assistance to the injured, the position should be marked. Passengers, passing drivers, and pedestrians should provide assistance. If there are no disputes over the facts and causes of the accident, parties involved can leave the scene to restore traffic and negotiate compensation for damages on their own; those who do not leave the scene must promptly report to the on-duty traffic police or public security traffic management department. In the event of a minor property loss on the road, and the basic facts are clear, the parties involved should first leave the scene and then negotiate compensation.
Article 70 of the Road Traffic Safety Law
In the event of a traffic accident on the road, the driver must immediately stop, protect the scene; in the event of personal injury or death, the driver must immediately rescue the injured and promptly report to the on-duty traffic police or public security traffic management department. If the scene is changed due to the rescue of the injured, the position should be marked. Passengers, passing drivers, and pedestrians should provide assistance.
In the event of a traffic accident on the road, if there is no personal injury or death, and there is no dispute over the facts and causes of the accident, the parties involved can leave the scene immediately, restore traffic, and negotiate compensation for damages on their own; if the parties do not leave the scene, they must promptly report to the on-duty traffic police or public security traffic management department.
In the event of a traffic accident on the road, if there is only minor property damage and the basic facts are clear, the parties involved should first leave the scene and then negotiate compensation.
2. Responsibility for Accidents During Reversing:
Generally, the owner of the vehicle reversing during an accident is fully responsible. However, this is not absolute, and the specific division of responsibility depends on the specific circumstances of the reversing accident.
Traffic police will conduct on-site investigation and then determine responsibility based on the responsibility determination document issued by the traffic police.
Article 73 of the Road Traffic Safety Law
Public security traffic management departments shall timely produce traffic accident determination documents based on the on-site investigation, inspection, investigation, and relevant inspection and appraisal conclusions, as evidence for handling traffic accidents.
The traffic accident determination document shall specify the basic facts, causes of the traffic accident, and the responsibilities of the parties involved, and shall be delivered to the parties involved.
3. Punishment for Unlicensed Motorcycle Drivers Escaping After a Traffic Accident:
Firstly, unlicensed motorcycle drivers are fined between 200 yuan and 2,000 yuan. They may also be detained for up to 15 days.
Secondly, if they commit the crime of causing a traffic accident and flee, they may be sentenced to imprisonment for three to seven years.
Article 99 of the Road Traffic Safety Law
Public security traffic management departments shall impose fines of not less than 200 yuan but not more than 2,000 yuan for:
(1) Driving a motor vehicle without a driving license, or driving a motor vehicle during the period when the motor vehicle driving license is revoked or suspended;
(2) Entrusting a motor vehicle to a person who has not obtained a motor vehicle driving license or whose motor vehicle driving license has been revoked or suspended;
(3) Escaping after causing a traffic accident, which does not constitute a crime yet.