Does the Preliminary Traffic Accident Assessment Form Indicate Legal Fault if it Records Violations?

Roads can be treacherous, and accidents with other road users are inevitable on bustling streets. After reporting a traffic accident to the police, you can apply for scene diagrams and photos seven days after the accident and the Preliminary Traffic Accident Assessment Form thirty days after the accident. Many people, upon receiving the preliminary assessment form, find "failure to pay attention to the situation ahead" listed in their column as a violation, which often leads to anger and fear, especially when they believe they did not violate any rules. They worry about whether this constitutes legal fault!

What is the Preliminary Traffic Accident Assessment Form? Does it Equate to Liability Proportion?

The preliminary assessment form is a document police officers record their initial judgment of the traffic accident. It merely reflects the police's view of the accident and does not have binding effect on the court or the prosecutor's office, nor does it equate to the proportion of liability.

In practice, the determination of the cause of the accident involves professional appraisal. Therefore, it is usually recommended that the public apply for an assessment opinion from the Traffic Accident Adjudication Office. The assessment opinion provided by the Adjudication Office will specify whether there was a cause of the accident, primary and secondary causes, etc., which are more complete and detailed than the preliminary assessment form.

Who Determines Fault and How is it Judged?

Fault is a legal concept. Determining fault requires distinguishing between criminal and civil cases. When an accident occurs and causes injury, people typically report to the police and file a criminal charge for negligent injury. In this case, the prosecutor determines fault. If seeking damages through a civil lawsuit, the civil court judge determines fault.

Even if the preliminary assessment form records a violation, or the Traffic Accident Adjudication Office’s assessment opinion also finds a cause of the accident, it does not necessarily mean there is legal fault! The most important concept in fault is the ability to prevent the outcome. If it is objectively impossible to prevent the result, even if there is a cause of the accident, there is no need to assume liability for the accident.
 

[Continue Reading: Car Accident | How to Read a Preliminary Traffic Accident Assessment Form?]