? One, basic details of a case
On November 23, 2010, wu Jun east drive of Wu Xiuzhi rash DK0103 is common the motor tricycle is in completely wide when the 6 machine of rice are not mixture driveway overtake, as dynamoelectric as the card do not have date that Hu Qiming drives bicycle (embark its wife Dai Cong ball) produce traffic accident. Side of dynamoelectric bicycle out of control breaks up send Hu Qiming and Dai Cong ball 2 people are injured, subsequently Wu Jun east send 2 people to the hospital to treat. Bilateral with respect to Wu Jun east whether to drive carefully reach its place to drive autocycle and Hu Qiming what drive dynamoelectric bicycle to whether produce scratch and collision, stick to one's argument. The branch that make a valve cannot be maintained to accident cause of formation and responsibility. In overtake process, hu Qiming car leans way on the right side of travel, be apart from road right half meters or so, wu Jun east car is apart from road right one Mi Duoyuan, transverse distance is two cars 40, 50 centimeters. Wu Jun is 5 archives when Dong Chao car, head on one black car sails quickly come, wu Jun east it is a bit dangerous to weigh a feeling. Accident scene road is even, other vehicle course is not had outside black car is being removed when the accident. Accident car all accords with safe technology standard via examining; Wu Xiuzhi's car was not cast protect make strong narrow pass.
2, juridical result
Zhejiang saves court of intermediate people of Jin Hua city 2 careful think, wu Jun east drive when the motor tricycle surmounts the dynamoelectric bicycle that Hu Qiming drives, its speed is faster; Combinative Wu Jun did not notice before Dong Chao car right to sail the black car that come looks quickly, can maintain its to all did not drive carefully
the attention is compulsory. Although the accident responsibility proof of the branch that make a valve fails to confirm whether two cars produce collision or scratch, but the condition that reflects from witness testimony looks, be in Wu Jun the dynamoelectric bicycle of the Hu Qiming in process of Dong Chao car produces or so rock and side breaks up, combine the other condition of trouble spot, according to the judicatory principle of probability of height of code of civil law, cognizance court thinks dynamoelectric bicycle to turn over of Hu Qiming and Wu Jun east drive in motor tricycle overtake neglectful existence is causal, wu Jun east the main responsibility that should assume an accident; Hu Qiming drives dynamoelectric bicycle embarking adult disobeys law of road transportation safety to also have fault, the medical treatment cost that both sides bears Hu Qiming to wait by 37 scale, disable the person damages responsibility such as cost of compensation, delay one's work.
3, typical meaning
