Is it a misunderstanding to call the police first when a traffic accident occurs？ Details of the fatal accident caused by rear-end fire are exposed.

　　　　　　 CCTV News:In the early morning of July 16th, a rear-end traffic accident happened in the South Fourth Ring Road of Beijing, which aroused public concern. After the accident, a short video recording a car from smoke to fire was spread on the Internet. According to the traffic police department, the accident caused two deaths in the rear car. The rebuke of passers-by, the driver standing by with a mobile phone calling the police, and the two lives swept away by the spreading fire … … This traffic accident caused a heated discussion.

　　　　　　 Network video picture

　　　　　　 "Look, there is someone (in the car). Don’t call first. You move your car forward, blow it up later, and move forward."

　　　　　　 "This driver is still calling the police. He won’t save anyone in it. I’ll drive to pull it for you. I’ll pull it for you. You get the person out first."

　　　　　　 From a video shot by passers-by, we can see that a white car rear-ended an engineering car, and the two cars stopped in the second lane on the right side of the road. At this time, the front side of the white car was already full of smoke, and there was a driver and a passenger in the car. In the driveway beside the two cars, there are other cars passing by in a hurry. The man standing by with a light-colored short-sleeved shirt and a mobile phone is the driver of the front car. As time went by, an open flame gradually appeared in the smoke in front of the vehicle in the picture.

　　　　　　 The fire spread rapidly in the car body, and several passers-by put out the fire with the fire extinguisher in the car, but at this time the fire was out of control and it gradually swallowed up the whole car.

　　　　　　 On July 16th, according to the traffic police department of Beijing, at about 3 o’clock on July 16th, a small ordinary bus caught fire when it was driving from west to east on the west side of shibalidian South Bridge, the main road of South Fourth Ring Road in Chaoyang District, Beijing. The accident caused two deaths of the driver and passengers in the small ordinary bus, and two cars were damaged. At present, this accident is under further investigation and handling.

　　　　　　 A video taken by passers-by for nearly two minutes recorded the process of white vehicles rolling from the front side to the whole car being swallowed up by open flames. After the video was posted on the internet, it triggered various discussions among the public:

　　　　　　 Some people wondered: "The fire was not big at first, why didn’t you go up and look at the situation in the car and keep calling?"

　　　　　　 Some people speculate: "The idea of (the driver) is to keep the scene as it is and wait for the traffic police to identify it. It is the other party’s main responsibility to prove it. He puts saving people’s lives behind him."

　　　　　　 Someone asked: "Can a forklift get on the Fourth Ring Road? If the rear taillights are not lit, can you not rear-end? "

　　　　　　 On the internet, there are also voices questioning the behavior of the passerby who filmed the video. On the evening of July 16th, another video was streamed on the Internet. "Let me clarify first, it’s not that I didn’t save people for the first time. This is all pushed down by everyone, and I can’t turn it over. I have more than 200 kilograms, and I can’t turn it over."

　　　　　　 The reporter came to the scene of the accident. When the fire spread that night, the railing that was thrown down by passers-by was being repaired. On the road surface at the scene, you can still distinguish the traces that have been burned.
The reporter interviewed legal experts around the focus of public concern about this incident.

　　　　　　 Zhu Wei, deputy director of the Communication Law Research Center of China University of Political Science and Law, said: "According to the provisions of the Road Traffic Safety Law, drivers should rescue immediately. The law stipulates that after the rescue, you should call the police. As seen from the video, the driver has been calling the police since he got off the bus, and he did not rescue him in time. Therefore, his behavior violated the provisions of the Road Traffic Safety Law. "

　　　　　　 Article 70 of the Road Traffic Safety Law of the People’s Republic of China stipulates: In case of a traffic accident on the road, the driver of the vehicle shall stop immediately to protect the scene; If personal injury or death is caused, the driver of the vehicle shall immediately rescue the injured person and promptly report to the traffic police on duty or the traffic management department of the public security organ. If the scene is changed due to the rescue of the injured, the location shall be indicated. Passengers, drivers of passing vehicles and passers-by shall give assistance.

　　　　　　 Zhu Wei, deputy director of the Communication Law Research Center of China University of Political Science and Law: "We only saw some videos, but we didn’t see all of them. But from some videos now, the driver has been on the phone, and he can completely stop people around him from coming to the rescue. As you can see from the previous video, it didn’t hit the rear or the middle and rear, but there was a fuel tank in the middle and rear, and the danger of fire and explosion was still relatively small, so there should be enough rescue time."

　　　　　　 Article 6 of the Tort Liability Law of People’s Republic of China (PRC) stipulates that an actor who infringes upon the civil rights and interests of others due to his fault shall bear the tort liability. If the actor is presumed to be at fault according to the law, and the actor cannot prove that he is not at fault, he shall bear tort liability.

　　　　　　 Legal experts pointed out that it is a misunderstanding for people to call the police first when a traffic accident occurs.

　　　　　　 Zhu Wei, deputy director of the Communication Law Research Center of China University of Political Science and Law: "Many people think that in the event of a traffic accident, the first thing is to stop the car and call the police. In fact, this is wrong. First, the accident depends on whether there are casualties. If there are casualties, the first step is to save people according to the law."

　　　　　　 Legal experts said that in addition to failing to fulfill the "rescue obligation" stipulated in the Road Traffic Safety Law, it is also a key issue whether the preceding vehicle violated the traffic management regulations when the accident occurred.

　　　　　　 Zhu Wei, deputy director of the Communication Law Research Center of China University of Political Science and Law, said: "Although the accident liability confirmation has not yet been issued, I think the responsibility confirmation and the crime of causing traffic accidents are two aspects of the same problem. In the criminal law, the premise of the crime of causing traffic accidents is a violation of rules and regulations, which mainly refers to the result of violating the road traffic safety law. Then his failure to rescue him also violated the road traffic safety law. In addition, whether he has illegal driving behavior, should this vehicle enter the main road of the Fourth Ring Road? "

　　　　　　 Of course, the legal issues we are discussing are all based on the videos we have seen. At present, the responsibility for the accident has not been determined, and there are more details for us to understand. I hope everyone can pay more attention to traffic safety and cherish precious lives.