This day, thing of the it doesn't matter in the unit, zhang Hongliang comes off work early, opening a car to come to a barber shop, go in car place after inn doorway tonsorial. This hair just just cut an in part, is Zhang Hongliang heard outside is someone crying: ? My Mou aluminous? had an accident! Just do not know the car that who is, strike a person in the river! " after Zhang Hongliang is heard, a bit afraid, will to inn doorway examine a case, but he just walked out of inn door, confused god, because his car disappeared. What job to produce after all between this?
Original, shake handshandle Buddhist templeput on the brakes forgets when Zhang Hongliang jockeys, and the place that he jockeys, as it happens is by Dong Xiangxi declivous. Because his car does not have shake handshandle Buddhist templeput on the brakes, after leaving in Zhang Hongliang, begin proper motion smooth car, in the process of smooth car, bump to the Zhao Jiang that crouchs in river side, ultimate car and Zhao Jiang fell into a river together inside, zhao Jiang can swim far from, sank very quickly river bottom. Although good intention person plunges,deliverance helps in the river, but the body that just also salvaged Zhao Jiang to finally.
After the event, zhang Hongliang was dialed 110 call the police, through the policeman's field survey, maintain Zhang Hongliang finally to assume this accident total liability, zhao Jiang does not have responsibility.
After Zhao Jiang dies, zhang Hongliang knows he has fault, so the family member of active Xiang Zhaojiang compensated for 30 thousand yuan. But Zhao Jiang's family member thinks however, these money compensate Zhao Jiang to die quite far from the loss that cause. And they think, in this accident, zhang Hongliang all did not notice obligation is one of causes that cause this accident happening, construction bureau and irrigation works control stand also did not use up the duty of supervisory management, bring about accident aftermath to expand, they should are opposite of Zhao Jiang assume responsibility to death.
For this, zhao Jiang's family member one paper indictment tells bureau of Zhang Hongliang, construction and irrigation works control stand the court entirely, still ask car joins the insurance company that protect at the same time making strong narrow pass liability to pay compensation is assumed inside limits.
On the court, zhang Hongliang expresses: "Judge, column is being protected without the setting on the edge of wadi is the main reason that brings about accident aftermath to expand, if have,protect column, after car and person collide, won't drop a river at the same time in. So, construction bureau and irrigation works control stand should want to bear main responsibility. Construction bureau and irrigation works control stand should want to bear main responsibility..
To Zhang Hongliang's view, construction bureau expresses that he cannot be agreed with, they say with the judge: "Judge, the duty of our bureau is road construction, wadi both sides the limits that the road inside 50 meters of limits is government of irrigation works branch, accident a section of a highway and river side are undertaken manage and be maintenanced by irrigation works control stand, our bureau should not assume liability to pay compensation.
Irrigation works management department also expresses an opinion accordingly, they say: "Judge, zhang Hongliang is to be in avoid the important and dwell on the trivial, this Zhang Hongliang did not fulfill safe duty to bring about the main reason of the accident. Although have,defend column, car also can squash Zhao Jiang to defend on column, still cannot avoid the happening of this accident, so Zhang Hongliang should bear the full responsibility of the accident, we should not assume responsibility. We should not assume responsibility..
Insurance company expresses on the court, they approbate the happening of the accident to be inside insurance period, agree to handing in strong danger death to disable maximum indemnity norm undertakes compensatory inside 110 thousand yuan of limits.
Bureau of that piece of sonorous, construction and irrigation works control stand after all what who should be Zhao Jiang is dead responsible?
Law sets a court decision related forensic basis: Insurance company is making pecuniary loss of powerful family member of Zhao of the compensation inside strong danger limitation 110 thousand yuan, zhang Hongliang assumes an accident the responsibility of 70% , pecuniary loss of compensatory Zhao powerful family member 350 thousand yuan. Construction bureau and irrigation works control stand assume an accident respectively the responsibility of 15% , pecuniary loss of powerful family member of each compensation Zhao 75 thousand yuan.
Through adjudicating we can see, tripartite is strong to Zhao have to death cannot the responsibility of shirk, what is the basis that that court adjudicates?
In this case, zhang Hongliang regards the effective control of car as the person, he is in enter wadi coastal and common open ground when park car, did not make car holds position of correct apply the brake, bring about a car to be on this brae road surface, the direction of face wadi is inertial smooth car, touch directly touch Zhao Jiang, bring about him to drop river course, get hurt finally to drown and die. Zhang Hongliang is person of direct tort behavior, consequence of strong death of his behavior and Zhao is had causal.
The brae of front wadi is between accident a section of a highway and wadi, did not install safeguard, construction bureau is in charge of an unit as urban infrastructure, not coastal road safety protects water of organization, supervisory river of column build beforehand, corresponding without the setting also safe caution indicates, cause social car on the urban road of direction of wadi of optional park hold office at court, construction bureau regards the management of urban road infrastructure as the person, without quote proof he all has arrived defend, caution is compulsory, accordingly the happening of his inactive nonfeasance and accident is had causal.
The wadi in this case accident is coastal, water of river of road surface prep above is coastal, and ground brae is apparent tendency wadi, wadi along the line also defends without setting safety column, car sails the open region that protect a bank, go up objectively existence safety hidden danger, and irrigation works control stand did not eliminate hidden danger in time, also did not install caution to indicate here, cause a pedestrian scanty protect consciousness at safe to body of people on one's own side ego, enter face wadi bank region closely, the death of the inactive nonfeasance of irrigation works control stand and Zhao Jiang also is had causal.
Accordingly, the court drinks decide Zhang Hongliang to assume the main liability to pay compensation of 70% , construction bureau and irrigation works control stand assume the less important liability to pay compensation of 15% each. The court maintains compensatory amount to be 610 thousand yuan, insurance company is handing in strong danger death to disable the family member with powerful Zhao of introversion of maximum indemnity norm pays compensation of Zhao Jiang death 110 thousand yuan, surplus money presses responsibility scale to undertake compensatory to Zhao Jiang's family member by the others tripartite. (article go-between name all is alias)
Small make up the word says
An accident is derivative the problem of many sided, relevant unit should think over well really, how many place to still have must when gave human life to just be administered?
