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Traffic Accident Precautions for Drivers

1.Manage a traffic scene
  1. For traffic accidents without injuries or death, or with minor damage to the car (still capable of driving), drivers should mark on the ground the positions of the four tires of each vehicle or vehicle corners with spray paint, chalk/crayons orsharp and hardobjects, promptly relocate the vehicle to the shoulder for traffic safety and then inform the police.
  2. General accidents: protect the traffic scene for the duty officer gathering evidence and investigation and inform the police. Place obvious warning signs 100 meters behind the vehicle so asnottoobstruct traffic and cause another accident.
2.How to report a traffic accident
  1. The driver should inform the police whenever there is an accident on the road. The police numbers: call the Bureau Duty Command Center(02-29092354) orthehotline for each police corp.
  2. The driver should describe the detailed information of the accident location (state road number __, ___km, ___meter, ___bound), time, vehicle type and the plate number, number of injuries or death and his/her personal information such as the name and the address. After informing the police, the driver should stay in a safe place on the scene and wait until the duty officer arrives.
  3. If any casualties occur, the parties in person orcommissionedby others who confess the offense shall have their punishment reduced in accordance with the law if they have criminal responsibility.
3.After handling the scene of an accident
  1. After handling the scene of an accident, the parties can visit the governing agency in person after the accident (about one month) to check the accident responsibility report during office hours. If the parties refuse to accept the report, they can apply to the Traffic Accident Investigation Committee for an investigation within six months from the date of the accident.
  2. Civil compensation: Accidents with no casualties, butonlyvehicledamage, or financial loss, are civil cases. The parties should coordinatereliability by themselves or theinsurance company. If unable to reachasettlement, the parties should petition the local governing Mediation Committeeorthe Civil ChamberoftheDistrict Court for a hearing (the police are not allowed to be involved in civil compensations in accordance with the law). According to the principle of “no trial without complaint,” police units do not have the right to handle such matters and will not take the initiative to make such notice. The parties are supposed to deal with their cases according to the law without waiting for the notice of the police.
  3. The temporary receipt to reclaim items in custody (including driver’s license, car license, number plate or empty vehicle): when the parties are proved innocent after the accident responsibility report is made (about one month), the parties can present the temporary receipt to reclaim items in custody. However, if they are charged, they have to collect the notice of violation from the duty police officer and visit the governing agency for penalties (paying fines to reclaim custody items).
  4. Criminal Injuries cases: when there are accidentinjuries, pleasereport directly to the police investigation force governing the location of the accidentor the district prosecutor’s officefor investigation.
  5. Foreigner-related accidents: foreignerscancontact the Bureau‘s office ofeachpolice forceadministration section.
  6. Military vehicle accident: after initial handling by the Bureau, the case will be transferred to the responsible units.
  7. Hit and run cases: If someone hits and runs, please report to the Bureau Duty Command Center(02-29092354) oreach police force and stay in a safe place to wait until the duty officer arrives. After handling the scene or receiving the case, the processing unit should notify the accident car owner by registered mail and inform the driver to appear for investigation. In addition, a copy of the report will be sent to the one who provides it, so he/she should leave detailed contact information, such as address and phone number, and wait for notice from the processing unit.
  8. If there is any disagreement with the violation facts described on the accident violation ticket by the processing unit, please apply for a statement of objection to the ruling court or the governing district court.
4.Liabilities for traffic accidents
  1. Administrative liabilities:

    According to the Act Governing the Punishment of Violation of Road Traffic Regulations, the motorists who cause car accidents shall have their driver’s license and car license fined, revoked or suspended.

  2. Liabilities of the Criminal Code:
    1. Offenses of negligent homicide:(Article 276 of the Criminal Code)

      1. A person in the performance of his occupational duties or activities that commits an offense specified in the preceding paragraph by neglecting the degree of care required by such occupation shall be sentenced to imprisonment for not more than five years, or short-term imprisonment; in addition thereto, a fine of not more than NT$3,000 may be imposed.
      2. A person who negligently causes the death of another shall be sentenced to imprisonment for not more than two years, short-term imprisonment, or a fine of not more than NT$2,000.
    2. Offenses causing injury:(Article 284 of the Criminal Code)

      1. A person in the performance of his occupational duties or activities that causes injury to another by neglecting the degree of care required by such occupation shall be sentenced to imprisonment for not more than one year, short-term imprisonment, or a fine of not more than NT$1,000; if serious physical injury results, he/she shall be sentenced to imprisonment for not more than one year, short-term imprisonment, or a fine of not more than NT$2,000.
      2. A person who negligently causes injury to another shall be sentenced to imprisonment for not more than six months, short-term imprisonment, or a fine of not more than NT$500; if serious physical injury results, he/she shall be sentenced to imprisonment for not more than one year, short-term imprisonment, or a fine of not more than NT$500.
    3. Offenses of abandonment: (Article 185-4) A person who flees after the motor vehicle he/she drives has caused an accident resulting in the death or injury of another shall be sentenced to imprisonment for not less than six months but not more than five years.
  3. Liabilities of the Civil Code:
    1. Article 213: Unless otherwise provided by the act or by the contract, a person who is bound to make compensation for an injury shall restore the injured party to the status quo before the injury. If the restoration of the status quo ante shall be paid in money, interest shall be added from the time of the injury.
    2. Article 214: If the person who is bound for the restoration of the status quo ante does not perform his/her obligation within a reasonable period fixed by the creditor, the latter may claim compensation in money for the injury sustained.
    3. Article 215: If it is impossible or obviously and greatly difficult for the restoration of the status quo ante, the injury sustained shall be compensated monetarily.
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