Everybody knows, after traffic accident happens, policeman cognizance the other side is whole duty, one's own side is unaccountable, general one's own side does not need to assume damages. But the Chen Ming of peasant worker worker of Shandong (alias) came up against odd thing however, issued traffic accident maintains department of public security transportation book, hold bright opposite party obviously complete duty, Chen Ming does not bear accident responsibility, the court sentences Chen Ming to assume the other side however the economic damages of 30% . Is this how to return a responsibility? The judgment that is a court is poor, still have facts one wishes to hide additionally among them? Below, "Prism " guides everybody area one dug unexpectedly.
[basic details of a case]
On May 26, 2013, of Huang Mou child the Yellow River (alias) drive common and small-sized car carries Xu Mou, with LG912 model annulus the Chen Ming photograph of type fork-lift truck to collision happens when travel, create two vehicles the traffic accident that different level attaint and Yellow River, Xu Mou dies on the spot.
On June 25, 2013, traffic of prefectural public security bureau runs a group " road transportation accident holds a book " , cognizance Yellow River should bear the full responsibility of the accident, chen Liang does not bear accident responsibility, xu Mou does not bear accident responsibility.
Additional find out:
One, highest speed per hour of the LG912 of the card that do not have date that the accused Chen Ming drives fork-lift truck 18 kilometers, jural do not belong to motor vehicle (should belong to machinery of cubic meter of earth) , do not need to register register (on card) , also cannot start off travel. If must carry its exercise land, should use other the vehicle that permits start off travel undertakes carriage.
2, the accused Chen Ming drives to basically be used at closing the car of fork-lift truck instrument of road and spatial exercise construction is on road travel, its have certain fault to damaging result happening.
3, after Yellow River of cause trouble person did not acquire motor vehicle driver's license, wine, drive, drive to did not lean way on the right side of travel, did not wear safe helmet to drive, have serious mistake to damaging the happening of the result.
[of the father Huang Mou of accuser Yellow River appeal to beg reach a reason]
The father Huang Mou of the Yellow River requests Chen Ming to compensate for its total loss 474176.25 yuan 30% namely 474176.25 × 30% ＝ 142252.7 yuan. The loss that this second accident causes accuser has dead compensation 424860 yuan, funeral expenses 18810 yuan, delay one's work expends 506.25 yuan, spirit damages solatium 30000 yuan, add up to 474176.25 yuan.
Reason is, chen Ming of the accused person did not obtain the driver's license of corresponding model, without revolve Xiang Deng, also do not have seasonable brake, the happening of the accident is put in fault.
[the apologetic opinion of the accused Chen Ming]
Should not assume any liability to pay compensation, reason is:
1, hold a book according to traffic accident, the accused does not assume this case accident responsibility;
2, skill reason is wine of be murdered square driver is driven cause, criminal law regulation is drunk driving is criminality, the loss that should not cause criminality returns duty at having accident responsibility square, be not needed to compensate for so.
[result of forensic court decision and reason]
Although " road transportation accident holds a book " cognizance Yellow River is drunk drive should suffer this case accident total liability, chen Ming does not bear accident responsibility, but the LG × that Chen Ming drives annulus type fork-lift truck does not belong to motor vehicle, cannot start off travel, chen Ming however deregulation drives LG × annulus type fork-lift truck is on road travel, put in fault, chen Ming's violate the rules and regulations drives the dead existence of behavior and Yellow River is causal.
Integrated entire case, in order to damage consequence, damage behavior, behavior and consequence between causal reach the respect such as subjective fault degree to consider integratedly, the Chen Ming of appeal of father Huang Mou of the Yellow River assumes the liability to pay compensation of 30% , have fact and legal basis, this academy gives support.
[prism view]
Traffic accident is civil liability to pay compensation is people court is on the base that the traffic accident responsibility that branch of public security policeman makes maintains, according to " tort liability law " wait for law, code and judicatory explanation, combine an accident the fault degree of relevant personnel, causal of affirmatory civil compensation partake responsibility.
Traffic accident responsibility is to show car drives the personnel, pedestrian, person that take a car is with etc on road the personnel that has concerned an activity with traffic, because disobey " road transportation regulation " the act that administers code, regulations with other way transportation, error causes person casualties or the responsibility that agree of belongings loss place carries.
Reason this, traffic accident maintains a book to cannot regard distributive of responsibility of civil tort damages as only basis.
In this case, although " road transportation accident holds a book " cognizance Yellow River is drunk drive should suffer this case accident total liability, chen Ming does not bear accident responsibility. Dan Chenming deregulation drives LG × annulus type fork-lift truck is on road travel, put in fault, and the dead existence of its behavior and Yellow River is causal. Accordingly, the court sentences Chen Ming to assume accuser losing 30% should belong to a law to have according to, lawful and reasonable.
The country puts forward, should " let people feel fair justice in each judicatory case " . Those who serve as spectator you, whether to know to feel fair justice from inside this case? Ask lower part to comment on the point of view that leaves you!
