Drive not to drink, drink not to drive, for the safety of oneself and other, should everybody must accomplish this, can have some of person still defy the law. Recently, jiangxi province writtened guarantee the traffic accident that produce drives after origin drinks into careful of court of virtuous county people, expenses of loss of medical expenses of Zhang Mou of accuser of compensation of Li Mou of adjudicative the accused, car, appraisal expenses totals 9905 yuan.
On July 11, 2017 14 when make 10 minutes, car drives after the accused Li Mou drinks, go to Nanchang city via entering virtuous county directional travel, collision goes to the rear of small-sized and average passenger car of accuser Zhang Mou, cause accuser Zhang Mou to get hurt reach car the traffic accident that different level is damaged. The accident holds a book via issueing traffic accident into branch of virtuous county policeman, li Mou of cognizance the accused bears the full responsibility of this second accident, accuser is irresponsible.
After accuser gets hurt, cost outpatient service medical expenses 1850 yuan, on June 18, 2018, accuser entrusts appraisal orgnaization to have identification with respect to its car loss, appraisal opinion is 6635 yuan for amount of loss of this car vehicle. Expenditure appraisal expends 2000 yuan.
Front courtyard carefulThe court thinks via cognizance, car drives after wine of the accused Li Mou, the car rear that collision accuser drives, cause traffic accident, cause accuser to get hurt Zhang Mou and car damage, branch of public security policeman maintains the total liability of accident be losinged, get hurt to Zhang Mou loss and car loss, the accused Li Mou should assume liability to pay compensation. Accuser is decide case of its car loss, entrust appraisal orgnaization in time to have identification to car loss, its car loss is appraisal 6635 yuan, to this the accused Li Mou disagrees, raise driver seat cost 580 yuan unreasonable, but did not offer new appraisal opinion to the court, to charge of driver seat of appraisal opinion eliminate 6055 yuan 580 yuan reach appraisal charge 2000 yuan of courts give the support that collect a letter. Accuser offerred bill of outpatient service medical expenses to prove 1850 yuan to its cost outpatient service medical expenses to add up to, the accused disagrees to charge of examinations of 3 204 yuan of CT, but prove without evidence its are unreasonable charge, the court gives the support that collect a letter. Accordingly, the court makes the court decision before be like lawfully then.
Lawyer argument" law of liability of tort of People's Republic of China " person of the 6th behavior because other people of fault enroach on is civil rights and interests, ought to assume tort responsibility.
" code of civil law of People's Republic of China " the view that the 64th party offers to oneself, responsible provide evidence.
" top people court about applicable < code of civil law of People's Republic of China > explain " the fact that the fact that the suit that the 90th party offers to oneself requests a basis perhaps refutes lawsuit of the other side to request a basis, ought to offer evidence to try to prove, but the except that law has a regulation additionally. Before enter a judgement, party fails to carry what depose is occupied or evidence can't prove its fact view, bear adverse consequence by the party that has quote to prove responsibility.
Manage elder brother reminds greatlyWhat menace drives after wine is the life safety of oneself not only, more serious menace arrives the life property of other is safe, the driver is not put have fluky mentality, once produce an accident, namely be out of pocket obtains punishment again. Safety does not have bagatelle, always must write down safety to drive sincerely!
