The determination of liability in road traffic accidents constitutes a critical aspect of accident management. In recent years, significant regional variations in liability determination theories and rules across China have frequently led to inconsistent judgments in similar cases, thereby raising concerns regarding the fairness and uniformity of the determination process. To address these disparities, existing liability determination theories and rules in various provinces are systematically analyzed and categorized, while international experiences in accident liability determination are integrated. Based on these analyses, a novel theoretical framework—the Priority Right-of-Way Rule—is proposed. Utilizing this framework, a structured liability determination model is developed, providing a standardized and scientifically grounded approach to enhance the fairness and consistency of road traffic accident liability determination at the national level.

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Construction of a Traffic Accident Liability Determination Model Based on the Theory of Right-of-Way Rules

  • Yudi Zhang,
  • Jin Xie

摘要

The determination of liability in road traffic accidents constitutes a critical aspect of accident management. In recent years, significant regional variations in liability determination theories and rules across China have frequently led to inconsistent judgments in similar cases, thereby raising concerns regarding the fairness and uniformity of the determination process. To address these disparities, existing liability determination theories and rules in various provinces are systematically analyzed and categorized, while international experiences in accident liability determination are integrated. Based on these analyses, a novel theoretical framework—the Priority Right-of-Way Rule—is proposed. Utilizing this framework, a structured liability determination model is developed, providing a standardized and scientifically grounded approach to enhance the fairness and consistency of road traffic accident liability determination at the national level.