" case of highest courtyard guidance " issue of liability of accident of motor vehicle traffic

The victim of traffic accident does not have fault, its constitution state can reduce the legal status of infringer responsibility to damaging the influence of consequence to be not belonged to.

Accuser Rong Baoying appeals to say: This world of the accused king drives the car produces scratch with its, send its to get hurt. Province of Jiangsu of this accident classics patrols without traffic of stannic city public security bureau constabulary detachment bank lake group (group of policeman of abbreviation bank lake) maintain: Wang Yang bears the full responsibility of the accident, rong Baoying is not had duty. Accuser requirement is undermentioned charge of medical treatment of compensation of two the accused 30006 yuan, allowance of food of be in hospital expends 414 yuan, nutrition expends 1620 yuan, disability compensation 27658.05 yuan, nurse expend 6000 yuan, traffic expends 800 yuan, spirit damages solatium 10500 yuan, bear this case litigation expenses and appraisal cost.

The accused always shade of river of Inc. of sincere property insurance pays a company (abbreviation always sincere insurance company) argue says: Do not have demur through reaching responsibility to maintain to the accident, its are willing to falling strong danger limit give inside limits compensation; To medical treatment charge 30006 yuan, cost of allowance of food of be in hospital does not have demur 414 yuan; Because carry in appraisal opinion conclusion bright " injury participates in degree of assess for 75% , the element of its individual constitution is occupied 25% " , affirmatory disability compensation ought to multiply reason to participate in degree of coefficient in order to injure 0.75, approbate 20743.54 yuan; To nutrition cost approbates 1350 yuan, nurse cost approbates 3300 yuan, traffic expenses approbates 400 yuan, appraisal charge does not grant to assume.

Open debate of the accused king says: Do not have demur through reaching responsibility to maintain to the accident, the loss of accuser ought to You Yongcheng insurance company is making range of strong danger limit inside preferential give compensation; Appraisal charge requests a court to adjudicate lawfully, each charge agrees with the others insurance company opinion; Its already compensated for 20000 yuan to accuser.

The court finds out via cognizance: On Feburary 10, 2012 14 when make 45 minutes, wang Yang drives name brand is revive the car of MT1888, along Jiangsu the province does not have stannum highway of lake of gourd ladle of area of city bank lake by north southward when travel opens line of crossing pedestrian crosswalk greatly to highway of gourd ladle lake, touch brush pedestrian Rong Baoying to send its to get hurt. On Feburary 11, bank lake policeman group is made " road transportation accident holds a book " , cognizance Wang Yang bears the full responsibility of the accident, rong Baoying is not had duty. Accident happening that day, rong Baoying is sent toward the hospital to treat namely, produce medical treatment cost 30006 yuan, king in relief pay for sb and expect to be repaid later 20000 yuan. During cure restores Rong Baoying, with every months 2200 yuan invite a homemaking to serve personnel. Name brand revive MT1888 car is in always sincere insurance company is cast defended compulsory insurance of liability of accident of motor vehicle traffic, it is between insurance period on August 17, 2011 0 when case to on August 16, 2012 24 when stop. The medical treatment charge that former, the accused confirms Rong Baoying consistently is 30006 yuan, cost of allowance of food of be in hospital is 414 yuan, spirit damages solatium to be 10500 yuan.

Rong Baoying applies for and combine traditional Chinese and Western medicine via having stannic city appraisal of place of hospital judicatory appraisal, conclusion is: 1. Rong Baoying left radius is far those who carry fracture disable grade assess is 10 class; Left lower limbs injures disable grade assess is 9 class. Injury participates in degree of assess for 75% , the element of its individual constitution is occupied 25% . 2. Rong Baoying's delay one's work period assess is 150 days, nurse period assess is 60 days, nutrient period assess is 90 days. Court of first instance affirms disability compensation is deducted 27658.05 yuan accordingly 25% it is 20743.54 yuan.

Jiangsu province without stannum court of people of division of city bank lake made on Feburary 8, 2013 (2012) the word at the beginning of Xi Binmin adjudicates the 1138th number: One, the accused always sincere insurance company is expended at adjudicating become effective hind compensates for allowance of food of charge of Rong Baoying medical treatment, be in hospital inside 10 days originally, compensation of nutrient cost, disability, nurse cost, transportation expenses, spirit damages solatium to add up to 45343.54 yuan. 2, this world of the accused king is expended at adjudicating become effective hind compensates for allowance of food of charge of Rong Baoying medical treatment, be in hospital inside 10 days originally, nutrient cost, appraisal expenses totals 4040 yuan. 3, the other suit request that rejects accuser Rong Baoying. After adjudging, rong Baoying saves court of intermediate people of the city that do not have stannum to put forward to appeal to Jiangsu. Without stannic city classics of intermediate people court tries on June 21, 2013 with first trial make for applicable law mistake (2013) stannic civilian eventually word the 497th civil judgment: One, cancel does not have stannum court of people of division of city bank lake (2012) the word at the beginning of Xi Binmin the 1138th civil judgment; 2, the accused always sincere insurance company at adjudicating 52258.05 yuan to become effective hind compensates for Rong Baoying inside 10 days originally. 3, the accused king is in relief at adjudicating 4040 yuan to become effective hind compensates for Rong Baoying inside 10 days originally. 4, the other suit request that rejects accuser Rong Baoying.

Judgment of forensic become effective thinks: " law of liability of tort of People's Republic of China " the 26th regulation: "The happening that is opposite to damage by the infringer also has fault, can reduce the infringer's liability. " " law of safety of transportation of road of People's Republic of China " the 76th the first (2) regulation, motor vehicle and blame motor vehicle drive traffic accident produces between person, pedestrian, blame motor vehicle drives person, pedestrian does not have fault, assume liability to pay compensation by motor vehicle one party; Evidence proves what person, pedestrian has fault to be not motor vehicle to drive, reduce the liability to pay compensation of motor vehicle one party appropriately according to fault degree. Accordingly, calculating in traffic accident when whether ought to be disability compensation deducted, ought to happen to losing according to the victim or expand to whether be put in fault to undertake an analysis. In this case, although the individual constitution state of accuser Rong Baoying is right,the happening that damages consequence has certain effect, but the fault that this is not the legal provision such as tort liability law, the injury remaining that Rong Baoying should not pledge because of individual body the state is brought about to traffic accident is being affected certainly and conceited and corresponding responsibility, first trial adjudicates in order to disable state of constitution of Rong Baoying of lieutenant general of grade appraisal conclusion's individual " injury participates in degree of assess to be 75% " for, make when computational disability compensation deduct accordingly belong to applicable law mistake, should grant to correct.

From traffic accident victim happening injury is reached cause those who damage consequence is causal look, this world of king of the person that cause department cause trouble that has traffic accident originally drives motor vehicle passes through when pedestrian crosswalk line, all did not notice to safety obligation is touched brush be caused by of pedestrian Rong Baoying; This removing damage consequence that what traffic accident causes is a victim Rong Baoying is collided by motor vehicle, fall produce fracture be caused by, accident responsibility maintains this Rong Baoying is right starting armed struggle reason is irresponsible, its reach those who damage consequence to cause to the happening of the accident all do not have fault. Although Rong Baoying year the work is expensive already, but its are aged osteoporosis is the accident causes sequential objective element only, do not have jural causal. Accordingly, victim Rong Baoying happens to what damage or expand without fault, nonexistent reduce or prevent person of do harm to the legal status of liability to pay compensation. In the meantime, the regulation of common liaison man that motor vehicle ought to abide by pedestrian of civilized drive a vehicle, comity and social morals. Accident of this case place experience happens on pedestrian crosswalk line, the Rong Baoying that walks normally to will be being collided by motor vehicle this one incident cannot foreknow, and Wang Yang drives motor vehicle is in when passing pedestrian crosswalk line not lawfully decelerate slow travel, avoid person of to give way, bring about accident happening. Accordingly, ought to assume the total liability to pay compensation that the accident causes by motor vehicle one party lawfully.

According to the relevant provision of law of safety of transportation of our country road, accident of traffic of motor vehicle happening causes losing of person casualties, belongings, give inside range of limit of liability of compulsory insurance of liability of motor vehicle a third party by insurance company compensation. And our country hands in strong risk legislation to did not set to state of basis victim constitution answers to be made to damaging the influence of consequence when meeting strong danger duty certainly deduct accordingly, of insurance company avoid duty the case that main content also is confined to a victim to cause traffic accident intentionally, even if is to cast protect motor vehicle to not have duty, insurance company also is handing in strong danger to not have duty give inside limitation compensation. Accordingly, recoup the loss of project and standard to what victim be good law sets, all belong to the compensatory range that makes strong narrow pass, consult " injury is participated in degree " certain damages responsibility and hand in strong danger responsibility to all do not have legal basis.

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