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1998年10月,某县归德镇农民张某无证驾驶拖拉机在公路上按正常路线行驶,被后面顺行的一辆汽车追尾,造成汽车司机重伤,两车都遭损坏。当地车管部门勘查后,认为事故系汽车超速、超载和疲劳驾驶所致。在处理事故时,由于张某无证驾车,汽车方证照齐全,遂认定拖拉机驾驶者张某负事故主要责任。对此,有人认为按照因果关系原则,应认定汽车司机负全部责任。笔者持第三种意见:汽车方应负70%责任,拖拉机方负30%责
In October 1998, a farmer from Guixian town of a county driving a tractor on a normal route on a highway and being rear-ended by a car rear-end caused severe injuries to the driver of the car and both vehicles were damaged. After the investigation of the local vehicle management department, it was considered that the accident was caused by over-speeding, overloading and fatigue driving. In dealing with the accident, as Zhang undocumented car, car side license complete, then identified the main responsibility of the tractor driver Zhang negative accident. In this regard, some people think that in accordance with the principle of causation, the driver should assume full responsibility for the car. The author holds the third opinion: the car side should be responsible for 70%, tractor side 30% responsibility