A court has ruled that a man who was killed while picking up rubbish on a motorway late at night is 70% liable for the accident

2022-05-20 0 By

Ningxiang city melt media center reporter Li Xiang correspondent Zou Qing Chen Suihong one man late at night in the provincial highway fast lane pick up garbage, accidentally hit dead, relatives will driver and employer to the city people’s court claims for compensation, the court will be how to judgment?A man late at night in the fast lane pick up garbage was hit to death on April 2, 2020 0:48 xu, Zhou driving heavy semi trailer from Lianyuan back to Ningxiang City Double Fu Pu town.The car was driving 27KM+520M on line S539 when it hit zuo, who was wearing black clothes and collecting garbage in the fast lane. Zuo died on the spot.The road at the scene of the accident is a provincial road, 14 meters wide, isolated with cement guardrail in the center.After the accident, the scene has left some carry a garbage basket, two garbage bags and a hat.After traffic police department investigation, local people confirmed that some left have the habit of sleeping during the day and going out to pick up garbage at night.Because there is no surveillance video in the location of the accident, no witness in the field investigation, the accident car because of wet road surface, braking distance is too short, the identification center of the speed of the accident car did not identify, so that it can not find out the cause of the accident, the traffic police to the accident to make accident proof.Another find out, Hu mou is the actual ownership of the car, the troublemaker Zhou mou is its hired driver, the accident car in the insurance company to insure the strong insurance and commercial three liability insurance, the accident occurred in the insurance period.At the time of the accident, Zhou was holding a B driving license to increase the driving license “A2” internship period.The municipal people’s court ruled that a risk to the main responsibility of the citizen’s life and health shall be protected by law, the left one because of the loss caused by traffic accidents, the heir apparent is this case the plaintiff GanMou (left one half brothers) requires the defendant to compensate the claims shall be supported, the municipal people’s court ruled that left a loss of more than 570000 yuan in the traffic accident.In this case, the left one 0 48 points in the middle of the night and stay in the middle of the roadway with concrete barrier isolation in the fast lane, in violation of the law of the People’s Republic of China on road traffic safety law “article 31” without permission, no unit or individual may occupy the road in the transportation activities “regulation, the existence of serious fault, should be in the traffic accident is mainly responsible;Zhou brake less than, have ignored the safety of driving suspicion, should bear the secondary responsibility for this accident.The people’s Court of the city finally determined the left to assume 70% responsibility for the traffic accident, Zhou assumed 30% responsibility.Because zhou mou holds the “A2” type motor vehicle driving license when the traffic accident occurred during the internship period, in violation of the “Road Traffic Safety Law of the People’s Republic of China implementation Regulations” article 22 “motor vehicle driver shall not drive a bus, operating a bus during the internship period…And the driving motor vehicle shall not pull the trailer “prohibition provisions;At the same time, he violated the motor vehicle third party liability insurance contract article 24 “During the internship period, driving a bus, operating a passenger car……The insurer is not responsible for the agreement of compensation, and the insurance company for the above exemption clause has done the legal provisions of the reasonable presentation and description of the obligations, so the insurance company has the right to refuse to settle claims in the scope of commercial insurance according to this exemption clause.Because Zhou mou is hu mou hired driver, so Zhou mou in this case should bear the civil liability of compensation by the employer Hu mou.Accordingly, the city people’s court judgment by the insurance company in the scope of strong insurance compensation Gan mou 110 thousand yuan;Compensate by Hu mou gan mou more than 140,000 yuan, the rest of the loss by left mou conceited.Later, Gan and Hu refused to accept the verdict of the first instance and filed an appeal to changsha Intermediate People’s Court, which upheld the original verdict of the second instance.The judge reminded: in this case, left some late at night and stay in the motorway fast lane, the behavior itself is highly dangerous, left some should know the risk but still implement the dangerous behavior, has a more obvious fault, belongs to the risk of behavior, should assume the main responsibility for the occurrence of the accident in this case.The so-called risk trap is to carry out a certain behavior knowing that there is a certain risk, and let the risk happen.In daily life, the more common self-trapping risk behavior is: the actor ran a red light and had a traffic accident;The actor knows that the driver still chooses to ride together to cause a traffic accident, the actor knows that there are safety risks without wearing the helmet and so on.As a citizen with full capacity for civil conduct, he/she should strictly abide by the convention of urban civilization and social order and good customs, avoid himself/herself into difficulties and dangers, and prevent the occurrence of accidents and adverse consequences.Ningxiang editor: Qing Snow copyright belongs to the original author, to pay tribute to the original