Abstract
The Vehicle Traffic Accident Investigation Committee provides investigation report according to law. The contents of the investigation report include items such as accidents, driving behavior, evidence, road rights, legal basis, expertise, etc., which can assist the parties and court judges to understand the driving accident. As for the fact that in the course of judicial proceedings, whether the judges use the content of the appraisal opinions, there are three situations: all adopted, partially adopted, partially adopted and partially disapproved. Some of them adopt and partially disagree, and do not agree. The facts and reasons of the court will be stated in the judgment. This case occurred in July 2016. The A locomotive and the B locomotive were in the same lane and traveling in the same direction. The lane was painted with a right-turning curved arrow marking. When the B turned right, it collided with the A. Both drivers are injured, Driver A admitted to the right rear of the B car before the crash, A and B sue each other. In the first stage of judicial proceedings, Driver B was not prosecuted and the Driver A was charged, but the A was finally acquitted. Driver A initiated criminal proceedings against the Driver B according to the first stage litigation evidence and the judgment result, and started the second stage litigation. The Procuratorate sued the Driver B based on the investigation report, and Driver A made a claim of N.T. 350,000 for the civil prosecution of the Driver B. The researcher accepted the case during this period, and worked with the Driver B to study the evidence in the case, reconstructed the accident and determined the responsibility. The conclusions is, the investigation report was not based on the general explanation of the Ministry of Communications. As a result, the court did not cite the general explanation of the highway authority, or even misunderstood the road rights regulations. We look forward to providing a reference for the investigation community or judicial personnel.
Keywords
Road Traffic accident(RTA), Identification, General explanation
Citation information
Wu Chun Liang, Qu Xu, Wu Ai Yun, Exploring the influence of investigation report on court judgments – taking the case of two vehicle accidents in the same lane and traveling in the same direction as an example, The Traffic Safety and Law Enforcement Conference in 2018. (in Chinese)
Authors’ information
Corresponding author at: Summerhill RTA Research Foundation, No.96, Wufuxincun, Zhunan Township, Miaoli County 350, Taiwan (R.O.C.)
E-mail addresses: summerhill.org@gmail.com (Wu CL), IreneWu103@gmail.com
Tel: +886 37 582514