Recently, court of people of county of Xinjiang lukewarm constellation heard case of issue of liability of accident of motor vehicle traffic one case, because car everybody was not cast,protect make strong narrow pass, be driven by court decision and car the person is making strong narrow pass victim loss is recouped jointly inside extent of liability. ?

Details of a case

On Feburary 15, 2018 afternoon, after Xiaowang comes off work, preparing to cross a driveway to take a bus to come home, when crossing proper motion driveway, because rate is too rapid,Xiaozhao is riding motorcycle 2 rounds, bump with small kingliness, cause Xiaowang to get hurt. Traffic management department maintains Xiaozhao to bear full responsibility, xiaowang is unaccountable. This the accident causes small king be in hospital 3 many months, form 10 class to disable. The understanding after Xiaowang inquires to the branch that make a valve arrives, the autocycle that small Zhao Suo drives fastens Xiaoliu all, this autocycle was not cast protect make strong narrow pass. Accordingly, xiaowang general Xiaozhao and small Liu appeal to to the court, ask 2 people compensate for his each loss adds up to 80 thousand yuan.

Front courtyard careful

The court thinks via cognizance, this the accident bears full responsibility via maintaining Xiaozhao, and small Zhao Suo drives autocycle 2 rounds to was not cast lawfully protect make strong narrow pass, the small Liu Wei that regards car as everybody is fulfilled cast protect compulsory existence fault, reason small Liu wants to should be cast in 2 rounds of autocycle protect liability to pay compensation is assumed jointly with Xiaozhao inside the limit that falls strong danger. Final court sentences your Xiaoliu and Xiaozhao making strong narrow pass Xiaowang is compensated for in limitation more than 70000 yuan, small Zhao Zaichao gives the part that makes strong narrow pass to compensate for more than 50000 yuan.

Lawyer argument

Basis " top people court about hearing case of road transportation damages applicable law the explanation of a certain number of problems " the 19th regulation, did not cast lawfully protect the motor vehicle that makes strong narrow pass to produce traffic accident to cause damage, party requests to cast protect obligor falling limit of strong danger liability give inside limits of compensation, people court should grant to support. Cast protecting obligation and infringer is not same person, party requests to cast protect obligor and infringer handing in what joint liability assumes inside limit of strong danger liability, people court should grant to support.

Manage elder brother reminds greatly

As economic development, of car retain quantity also year after year increases, the occurence rate of traffic accident also year after year rises. Drive car is the action that has certain and dangerous sex, the accident that encounters on road also is to expect hard, large department elder brother reminds motor vehicle everyone here, should cast lawfully protect make strong narrow pass, encourage cast keep business 3 person danger, do not escape for small profit of small as the head of a fly cast protect, once produce traffic accident, may make the compensation that oneself bear high specified number, the loss outweights the gain.