Common saying says: "Person of something unexpected may happen any time has unexpected good or bad fortune " . Once produce accident of motor vehicle traffic, extremely possible meeting involves liability issue and damages issue.
If be in daily life, encounter traffic accident to compensate for controversy: ? Does scabbard of pen of Ba ┟ burying ぁ inspect trade admire Ji to sunlight does extensive region of ┐ of bridge of slash kang reason sunlight with addiction slash?
"Dynamoelectric bicycle " be to calculate motor vehicle? Be still not motor vehicle? Asking view official is the ~ that how adjudicates to these two kinds of typical case...
Heat attention
The near future, court of Dongguan city intermediate people is announced two cases about case of model of issue of liability of accident of motor vehicle traffic, involve town standard among them applicable problem and responsibility main body allocate an issue, the cognizance that can offer similar case provides reference.
One, town standard is applicable problem
Case party: Feng Mou and Yi Mou, Zhang Mou, some insurance company,
Case type: Issue of liability of accident of motor vehicle traffic
Drive motor vehicle start off, abide by traffic safety laws and regulations self-consciously please.
Basic details of a case
Victim Feng some view should press compensation of disability of town standard computation, the deposit that first instance referred commercial bank of country of pool contract, business charter, Dongguan is odd to Zhang, deposit shows its bank account to Zhang sheet from October 2015 only then come to stopped on July 21, 2016 even more income of 10 thousand yuan of above amounts to many 20, even more defray of 1000 yuan of above amounts to many 60.
The bank running water that first instance thinks Feng Mou is referred, can't prove its live in Dongguan full a year of above and the income that has stability, reason is calculated by town dweller to its relevant charge does not grant to collect a letter, relevant charge of Feng Mou presses rural dweller relative standard to calculate.
2 careful examine cognizance above evidence can mutual confirm, before enough proves Feng something reason happens, the job lives in town, can disable by town standard computation compensation.
Judge view
According to government office of another name for Guangdong Province cased on December 31, 2001 [2001]694 date " the give an official about overall planning of Dongguan city town " , 2465 square kilometer all belongs to limits of land with certain boundaries of Dongguan city town town planning area. The victim's registered permanent residence is in a country, but above already lived one year in town when producing traffic accident and main income originates of town, the standard that presses town dweller when computation compensates for amount is treated.
Applied on April 25, 2018 " the summary that saves standard of damages of road transportation accident about Guangdong " in made clear " standard of computation of project of damages of accident of transportation of Guangdong province road " , to happening in the traffic accident after April 25, 2018, dongguan is ab extra Central Plains of Wu work staff belongs to agriculture the dweller that domestic door perhaps lives in the country door, if offer completely living card of a year, full right of house of the industrial and commercial business charter that temporary residence permit of a year, operator is a victim, town belongs to a proof, put on record proof of labor contract, social security, successive the bank salary of 6 months above running water, government sector issue, cannot provide afore-mentioned evidence, can the basis lives in town full one year above and income prove to be maintained integratedly.
2, responsibility main body allocates an issue
Case party: Wei Mou, Qin Mou and some insurance company;
Case type: Issue of liability of accident of motor vehicle traffic
Traffic accident causes controversy extremely easily
Basic details of a case
Accident of case of first instance cognizance experience is motor vehicle and the property that are not motor vehicle collision, combine this case details of a case to maintain Huang Mou, Wei Mou to be lost each 65% , the liability to pay compensation of 35% . 2 careful entrust Guangdong China to give birth to judicatory appraisal center the attribute appraisal of electric to experience case car, issued appraisal verdict on December 8, 2017: Maintain car getting check to be " exceed bid " dynamoelectric bicycle, should belong to motor vehicle. Integrated this case details of a case and bilateral fault, 2 careful maintain Wei Mou to assume main responsibility, huang Mou assumes less important responsibility, namely Wei Mou assumes the responsibility of 70% , huang Mou assumes the responsibility of 30% .
Judge view
The traffic accident that concerns with dynamoelectric bicycle at present grows increasingly, "Exceed bid " dynamoelectric bicycle is to point to a basis law of safety of transportation of our country road, code and " motor vehicle runs safe technology condition " (GB7258-2012) regulation, do not have manpower to ride a function, speed of the biggest perhaps design, truckload the index such as rated power of quality of reorganize and outfit, overall dimension, electromotor exceeds dynamoelectric bicycle country the electric drive of compulsive standard two rounds of car. "Exceed bid " dynamoelectric bicycle should manage according to motor vehicle, scale of liability to pay compensation should be made adjust accordingly, happen in the traffic accident between motor vehicle namely, scale of compensation of responsibility of primary and secondary is respectively 70% , 30% .
