Can you negotiate compensation for traffic accidents?

In a traffic accident, there will usually be one party at fault and the party at fault will be responsible for compensating for the damage caused. Pursuant to Article 584 of the 2015 Civil Code, the basis for liability to compensate for damage is stipulated as follows:

- Anyone who commits an act that infringes upon the life, health, honor, dignity, reputation, property, rights, and other legitimate interests of another person and causes damage must compensate, except in cases where this Code or other relevant laws provide otherwise.

- The person causing damage shall not be liable for compensation in case the damage arises due to force majeure or is entirely due to the fault of the damaged party, unless otherwise agreed or otherwise provided by law.

When a traffic accident occurs, the two parties can reach an agreement, but if the person causing the accident violates the regulations, he or she will still be punished or prosecuted.

It can be seen that when a traffic accident occurs, the person causing the accident, if it infringes upon the life, health, or property of others, must compensate. The two parties can agree on the compensation issue. However, if the person causing the traffic accident violates traffic safety regulations, he/she will be subject to administrative sanctions or criminal prosecution depending on the severity of the violation.

Regarding administrative responsibility: When traffic participants violate traffic regulations, depending on the violation, they will be administratively sanctioned according to Decree 100/2019/ND-CP, amended and supplemented by Decree 123/2021/ND-CP regulating administrative sanctions in the field of road and railway traffic.

Some violations in the field of road traffic are subject to administrative penalties such as: Failure to comply with signals and instructions of road signs and markings; failure to comply with traffic light signals; driving in the opposite direction of a one-way street, driving at a speed exceeding the prescribed speed; driving in a zigzag or swerving manner, etc.

Regarding criminal liability: Acts of causing traffic accidents due to violations of regulations on road traffic participation causing damage to others may be prosecuted for criminal liability for the crime of violating regulations on road traffic participation according to Article 260 of the 2015 Penal Code, amended and supplemented in 2017.

BAO HUNG

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