How to write an excellent lawyer-grade review application for the Road Traffic Accident Identification in China? A Tale from Nanning

How to write an excellent lawyer-grade review application for the reconsideration of road traffic accident determinations? Recently, there’s a story about writing one in Nanning, Guangxi, but not submitting it.

Initially, when the police arrived at the accident scene, they reviewed the video but hesitated on how to make a determination. They called both parties to the traffic kiosk at Exit A of Nanhu Metro to discuss the determination with colleagues, without issuing an official determination. When both parties reached the traffic kiosk, the police still hesitated and directed them to a fast claims processing point for a determination. Surprisingly, Officer Chen at the claims processing point, after a quick review of the video, issued a determination holding the applicant entirely responsible. Was this hasty? Was a thorough investigation conducted, considering all evidence, and did they take into account the other party’s taxi violation?

Dissatisfied with this determination, the applicant wrote a Road Traffic Accident Determination Reconsideration Application, believing it could reach a lawyer’s level, and was prepared to submit it. However, they were informed that results would only be available after the new year. This meant the car could undergo insurance repairs but would be immobilized during the process. After careful consideration, the decision was made not to submit the lawyer-level Road Traffic Accident Determination Reconsideration Application.

Non-submission does not imply the applicant’s agreement with the content of the determination or absolve the other party in the accident of any responsibility.

Subject: Application for Reconsideration of Road Traffic Accident Determination

Applicant

Address:

ID Number: Contact Number:

Respondent: Nanning Municipal Public Security Bureau Traffic Police Detachment Seven Brigade

The applicant disagrees with the document numbered 450103420248000950, issued by the respondent, titled “Road Traffic Accident Determination,” and applies for a reevaluation of liability.

Application Items:

1. Legally revoke the document numbered 450103420248000950, titled “Road Traffic Accident Determination,” issued by the respondent.

2. Legally assess the damage to the Peugeot SUV and the speed of the taxi involved in this accident.

3. Legally determine that the taxi driver, Liang Bing (the other party in the traffic accident), bears the main responsibility for this traffic accident.

Facts and Reasons:

1. The facts determined by the respondent in the document numbered 450103420248000950 are incorrect.

The respondent claims in the road traffic accident determination document that the accident was caused by the applicant not yielding to the taxi traveling straight in the lane while making a right turn, resulting in the accident, and Liang Bing, the other party, is not at fault.

Firstly, the applicant disputes that the taxi (the other party in the traffic accident) was traveling straight in the lane. The taxi driver Liang Bing was engaged in illegal behavior. The applicant disagrees with Liang Bing’s characterization of the incident as a minor scrape, as the Peugeot car sustained significant damage, with the door frame cracked, and the side door unable to open.

Secondly, the applicant disputes the basis for the police officer’s determination that turning vehicles must yield to straight-moving vehicles. Whether from video footage or images, the applicant’s vehicle had carefully confirmed the safety of turning at the Qinghu Road intersection before gradually making the turn. In the process of the slow turn, the taxi rapidly collided from behind with the applicant’s Peugeot. Since the collision occurred from behind during a slow turn, it should be classified as a rear-end accident. One vehicle was moving slowly, while the other was moving quickly; as the taxi was the rear-ending vehicle, it should bear full responsibility.

Furthermore, the applicant questions the consistency and the process of determination by different standards within the same traffic police detachment. Initially, when the first officer arrived at the accident scene, after reviewing the video, they hesitated on how to determine the accident and called both parties to the traffic kiosk at Exit A of Nanhu Metro for further discussion, without issuing a determination. When both parties arrived at the traffic kiosk, the police officers hesitated again, directing them to a faster claims processing point for determination. However, Officer Chen at the claims processing point, after viewing the video, quickly issued a determination holding the applicant entirely responsible. Is this not hasty? Was a thorough investigation conducted, considering all evidence and the taxi’s violation?

2. Liang Bing (the other party in the traffic accident) bears significant fault in this accident.

In this accident, Liang Bing (the other party in the traffic accident) is at fault for the following reasons:

Firstly, Liang Bing engaged in speeding in violation of traffic laws. According to Article 44 of the Implementation Regulations of the Road Traffic Safety Law, when passing through an intersection without traffic signals, signs, markings, or traffic police guidance, vehicles should decelerate and proceed slowly. In other words, regardless of the right of way, there is an obligation to slow down at intersections. Liang Bing did not comply with this rule. Even if one has the right of way, they still bear responsibility.

Secondly, Liang Bing violated the speed limit of 40 kilometers per hour on urban auxiliary roads in Nanning. Based on video footage and the extent of damage to the Peugeot, with the door frame cracked and the side door unable to open, Liang Bing did not decelerate when approaching the intersection, maintaining a relatively high speed. It can be inferred that the speed exceeded 40 kilometers per hour. Not only did Liang Bing fail to comply with Article 44, but also violated the speed limit, compounding the wrongdoing.

Thirdly, Liang Bing violated the rule of giving the right-of-way to vehicles on the right at intersections without traffic signals and markings. According to Article 52, Section 2 of the Implementation Regulations of the Road Traffic Safety Law, “when a motor vehicle passes through an intersection without traffic signals controlled or traffic police directed, without traffic signs or markings controlled, it should stop before entering the intersection, allowing vehicles on the right to proceed first.” (This passage does not specify giving way to straight-moving vehicles during a turn, similar to Article 47 of the traffic law, which states that motor vehicles passing through a pedestrian crossing should decelerate; when pedestrians are crossing the pedestrian crossing, they should stop and give way. It does not say that pedestrians crossing against the red light can be ignored.) In this accident, the applicant’s vehicle was on the right of the other party’s vehicle, and the applicant had already turned into the intersection. Therefore, it falls under the category of “vehicles on the right.”

In summary, the determination made by the respondent in the document numbered 450103420248000950, holding the applicant entirely responsible for the accident and relieving Liang Bing (the other party in the traffic accident) of any responsibility, is unclear, lacks evidence, and applies the law incorrectly. The applicant requests the legal revocation of the document numbered 450103420248000950, titled “Road Traffic Accident Determination,” issued by the respondent, and the legal determination that the taxi driver Liang Bing (the other party in the traffic accident) bears the main responsibility for this traffic accident.

Salutations

Nanning Municipal Public Security Bureau Traffic Police Traffic Police Detachment

Applicant:

Date: 2024/01/

If you’ve been to Nanning, you’ll notice that many taxis drive recklessly, disregarding traffic laws. The determination by the Nanning Traffic Police Detachment seems to encourage this behavior. Many reports have highlighted issues with Nanning taxis.