News

Recently, lawyer Li Yanyan of JAVY Law Firm successfully handled a traffic accident review case. Through precise legal argumentation and evidence integration, she persuaded the Beijing Municipal Public Security Bureau Traffic Management Bureau to re-determine the responsibility for the accident, ultimately exempting the party concerned from criminal punishment and effectively safeguarding their legitimate rights and interests.

Case Summary

On December 4, 2024, Party A was riding in a motor vehicle that had temporarily pulled over to the side of the road. When Party A opened the right front door, Party B, who was riding an electric bicycle in the opposite direction, happened to be passing by. At the same time, Party C, who was riding an electric bicycle in the same direction, swerved across the double white solid line to avoid Party B's逆行 behavior. Ultimately, Mr. C collided with the door opened by Mr. A, resulting in Mr. C sustaining severe injuries and later dying.

The original accident determination issued by the Beijing Municipal Public Security Bureau Traffic Management Bureau concluded: Mr. A bears primary responsibility, Mr. B, who was driving against traffic, bears secondary responsibility, and Mr. C, who improperly crossed the double solid lines, also bears secondary responsibility. This outcome means that Mr. A faces criminal liability for traffic accident charges.

Legal Representation

After accepting the case, Attorney Li YanYan swiftly identified the core contradiction: the original liability determination equated administrative violations with criminal liability, resulting in a legal application error.

Attorney Li reviewed the accident scene surveillance video, clearly reconstructing the illegal act of Party B driving against traffic and Party C's operational error of crossing the double solid white lines to avoid the oncoming vehicle, laying the factual foundation for re-determining liability.

Subsequently, she engaged in multiple face-to-face communications with the traffic management department, citing the Road Traffic Safety Law, the Criminal Law, and relevant judicial interpretations to point out that the original determination directly equated administrative violations with criminal liability, resulting in both factual and legal discrepancies. She emphasized that liability allocation should adhere to the legal principle of “liability commensurate with fault.”

Review Result

Ultimately, the Beijing Municipal Public Security Bureau Traffic Management Bureau adopted the lawyer's recommendations and issued a review conclusion, determining that Party A and Party C bear equal responsibility, while Party B bears secondary responsibility. Based on the “Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Traffic Accident Criminal Cases,” Party A's responsibility ratio no longer meets the elements required for the crime of traffic accident. As a result, the legal basis for criminal liability against Party A was completely undermined, and the case was resolved without criminal charges before the criminal proceedings were initiated.

In this case, Attorney Li Yanyan, through technical evidence review and precise application of the law, revealed procedural flaws and factual deviations in the original liability determination, ultimately achieving a fair outcome of “equal liability and equal punishment.” The case not only reflects the professional value of lawyers in administrative review procedures, but also highlights the judicial authorities' respect for evidence and the law. In the future, JAVY law firm will always uphold the service concept of “professionalism, responsibility, and efficiency” to fight for the legitimate rights and interests of its clients through meticulous work and in-depth legal arguments.