A Study on Objective Substantial Causation Theory for Appraisal of Traffic Accidents
|關鍵字:||客觀上相當因果關係;肇因鑑定;違規駕駛行為;Objective Substantial Causation;Appraisal of Traffic Accidents;the driver’s illegal behaviors|
We have reviewed Objective Substantial Causation Theory, including two stages. First stage is to find the base, with the objectively fact existing in the accident, and the tings happened after the behavior general drivers could predict or could be possible on general drivers’ experience in the accident. We take this base to judge the substantiality, and cooperate with the Traffic Accident Rebuilt Method to rebuild the situation of the accident. The second stage is according to the situation and the four factors, such as the driver’s factor, vehicle factor, road facility factor, environment factor, we use the Principle of Trusting and the Experience Principle to judge the substantiality of the result in both drivers’ behaviors. For the two stages, we construct the Substantial Appraisal of Traffic Accidents Model. We have analyzed the illegal behavior causing risks that the laws do not allow. There is substantial causation when the risks carry out in the accident. We can’t assert there is substantial causation when driver’s behavior is illegal. We classify the thirty traffic accident cases for three kinds, such as both drivers’ behaviors are illegal, either drivers’ behavior is illegal and neither drivers’ behavior is not illegal, to analyze relation with illegal behaviors and substantial causation. When determining illegal behavior is causation behavior, we should consider whether the illegal behavior causing risks that the laws do not allow carry out in the accident. In other words, do not due to the illegal driver’s behavior when we determine whether there is substantiality with illegal behavior and traffic accident happened.
|Appears in Collections:||Thesis|
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