The driver kindly got out of the car to help the elderly man
but was found to be less responsible.
According to the SUV driver’s mother, Ms. Chen, the electric bicycle was a 70-year-old man. When the accident occurred, the SUV driven by her son did not hit the old man or the electric bicycle.
After the accident, the son took the initiative to get out of the car and help the old man. Unexpectedly, his good intentions turned out to be bad: the old man's family wanted her son to take responsibility and pay for part of the surgery.
In this regard, staff from the traffic police department in the jurisdiction said that traffic accidents do not necessarily require substantial physical contact to occur, and specific cases need to be determined by the traffic police based on the specific circumstances..
Ms. Chen revealed that at present, the responsibility for the accident has been determined - her son has been judged to be less responsible and has to bear a certain amount of responsibility .
As soon as the traffic accident was disclosed
it quickly attracted heated discussion among netizens
"I sincerely hope that there is a reasonable explanation for the (right turn) incident."
"I have had a similar accident. No contact. The traffic police determined that both parties should pay half of the medical expenses. Half."
Some netizens questioned, saying
"Is there any blame for non-contact accidents on the Internet? Where did the driver go wrong? How should he deal with this situation in the future. No one is weak and justified."
"Responsibility for non-contact accidents The judgment should be based on the legality of driving and should not be taken out of context. It is necessary to first determine whether the car and electric vehicle are driving illegally. If the car is driving normally and the electric vehicle is illegally driving in the wrong direction on the sidewalk, the car's liability will be determined according to the non-contact accident. It is illegal to demand responsibility."
"The day before yesterday, I saw an old man in a wheelchair overturned at the intersection. I stepped forward and called several people for help, but they ignored me. I just carried the old man in the wheelchair into the wheelchair by myself, and then helped the old man. After picking up the scattered things, the old man said thank you inarticulately. But when I got home, I felt uneasy, scared, and regretful..."
Lawyer: The law does not limit traffic accidents
to the category of contact collision
Regarding this accident Li Dingsheng, a lawyer from Zhejiang West Lake Law Firm, believes that liability for traffic accidents must be determined based on legal provisions and combined with ordinary people’s duty of care for safe driving.
Article 119 of the "Road Traffic Safety Law" stipulates:
Traffic accidents refer to personal casualties or property losses caused by vehicle faults or accidents on the road.
It can be seen that law does not limit traffic accidents to the category of contact and collision. Traffic accidents can also occur without contact and collision, resulting in liability issues .
Article 76 of the "Road Traffic Safety Law" also stipulates:
If a traffic accident involving a motor vehicle causes personal injury or property damage, the insurance company shall compensate it within the liability limit of the compulsory motor vehicle third party liability insurance. For the deficient part,
shall be liable for compensation in accordance with the following provisions: If a traffic accident occurs between a motor vehicle and a non-motor vehicle driver or pedestrian, and the non-motor vehicle driver or pedestrian is not at fault, the motor vehicle party shall bear the liability for compensation;
has evidence If it is proved that the non-motor vehicle driver or pedestrian is at fault, the liability of the motor vehicle party shall be appropriately reduced according to the degree of fault;
if the motor vehicle party is not at fault, the liability for compensation shall not exceed 10%.
According to the above provisions, the liability for traffic accidents in my country is based on fault as the principle, and no fault is the exception.
From the video of the traffic accident: There seemed to be no traffic lights at the intersection where the accident occurred, and the old man was driving an electric car in the wrong direction on the motorway and speeding. The SUV drove normally while turning at the intersection, but the old man fell down because he could not avoid it. There was no physical contact or collision between the two parties.
The problem lies in the fault of both parties in this traffic accident. Obviously, according to traffic regulations, the elderly should drive an electric vehicle in the forward direction on the prescribed non-motorized lane. Even if there is no non-motorized lane, they should drive on the right side of the roadway. The elderly person is obviously at fault for violating the above traffic regulations.
When an SUV turns at an intersection without traffic lights, does it slow down and be courteous, does it look around, and does it fulfill the ordinary people's safe driving duties to ensure driving safety? This is the key to determine whether the SUV owner is at fault and whether he needs to bear fault liability.
Some netizens said that the owner of the SUV was driving normally and could not predict that there would be an electric vehicle going the wrong way in the right-turn lane. The owner was not at fault and should not be too harsh and responsible.
Some netizens also said that the SUV owner failed to slow down when passing an intersection without traffic lights and failed to ensure driving safety. He was at fault and should bear the corresponding responsibility.
Lawyer Li Dingsheng pointed out that these two opinions are actually discussions on the extent to which ordinary people should pay attention to safety while driving. If the driver fulfilled the ordinary person's duty of care during driving, there is certainly no fault. On the other hand, if the driver engages in negligent driving behavior, he should also be held liable for his fault.
As the operator of the Hefei traffic police brigade said, "Traffic accidents do not necessarily require substantial physical contact to occur. Specific cases require traffic police to make judgments based on specific circumstances."
is right or wrong. In addition to the accident video, it also needs to be combined with the investigation of the traffic control department. However, even if the SUV owner is not at fault for the accident, according to my country's current laws, he must bear no more than 10% of the liability for compensation.
Non-contact traffic accidents happen from time to time.
In fact,
Similar non-contact traffic accidents
also occur in other places in the country.
A sudden lane change on the highway caused the rear truck to lose control and roll over.
The driver of the car was found to be fully responsible.
On October 28 this year, G60 Jiaxing Section of Shanghai-Kunming Expressway. A white car suddenly changed lanes to the right, causing a truck in the third lane behind it to swerve. It lost control and rolled over to the ground. Fortunately, no one was injured.
In the end, the police determined that the driver of the white car bore full responsibility for the accident and punished him for his illegal behavior that affected the normal driving of motor vehicles when changing lanes.
A non-motor vehicle made an emergency avoidance and turned right. The vehicle fell to the ground.
The driver of the car was sentenced to be primarily responsible.
In May 2019, Master Sun from Tonglu, Hangzhou was resting at home. Suddenly he received a call from the traffic police: His car was on the road on April 28. Someone was injured while driving and he was asked to cooperate with the investigation.
Master Sun put down the phone and was confused. He has been driving the car recently and has never met anyone. Is it a mistake? He hurried to the traffic police team to figure things out.
According to an investigation by the traffic police department, on the morning of April 28, Aunt Yu, who was in her 50s, was riding a battery scooter on Jiangnan Avenue. A car suddenly turned right on her left and passed in front of her. Aunt Yu quickly braked to avoid the situation. Because the road was slippery in the rain, she braked too suddenly and too hard. The car and the passengers fell heavily to the ground, and the car had already disappeared.
After arriving at the hospital for a checkup, it was discovered that Aunt Yu had a facial fracture. In the past few days, she spent nearly 10,000 yuan on medical expenses. After receiving the call from Aunt Yu's family, the police launched an investigation into the accident. The road surveillance clearly recorded the entire incident.
Traffic police believe that the driver, Master Sun, violated the traffic law's provision that "turning motor vehicles should give way to vehicles going straight ahead". He was one of the direct causes of the accident and should bear the main responsibility for the consequences of the accident.
But Master Sun still didn't understand why his car didn't hit her. She obviously fell down by herself, so why should she bear the responsibility?
Traffic Police Popular Science: The two parties did not come into contact, but caused accident damage. This is a "non-contact traffic accident." In a non-contact traffic accident, whether there is friction or collision between the vehicle and the body between the two parties is not a necessary condition for determining liability for the accident.
But not all non-contact traffic accidents require motor vehicles to bear the responsibility for the accident. Whether a motor vehicle needs to bear liability for an accident depends on whether there is a causal relationship between the behavior of the motor vehicle and the occurrence of the accident at the time of the accident.
Take the above example as an example. When the car turned quickly, the car owner failed to fulfill his obligation to drive safely, and his behavior was at fault for the accident, so he needs to bear certain responsibility.
A vehicle parked illegally while avoiding the roadside was hit and killed
The driver who parked illegally was sentenced to minor liability
The driver, Chen, drove a silver-white car from Yongjia, Wenzhou to Oubei, to take his family to work. At 7:35, the car passed the road on the north side of the intersection of Qianshi O'Connell Avenue and Donglian Middle Road of Provincial Highway 223. When the family's unit arrived, Chen parked the car on the side of the road and let his family get off.
In just one minute, an accident happened! After Chen parked his car, electric vehicle driver Jiang passed by on his bicycle. Seeing Chen's silver-white car parked illegally and occupying the lane ahead, Jiang changed lanes on his bicycle and drove into the slow lane for motor vehicles. As a result, the electric vehicle collided with a heavy-duty warehouse truck in the motorway, and Jiang died on the spot.
After the incident, the traffic police determined that the heavy truck driver Wang and the electric vehicle driver Jiang were equally responsible for the accident, and the owner of the silver-white car Chen was secondary responsible.
previously mentioned that according to Article 119 of my country’s Road Traffic Safety Law: “Traffic accidents” refer to personal casualties or property losses caused by vehicle fault or accident on the road.
Judging from the definition of traffic accidents, it does not emphasize that "contact" is a traffic accident. "Contact" is not a prerequisite for a traffic accident and liability.
At the same time, Article 46 stipulates: "The liability of the party shall be determined based on the role of the party's behavior in causing the road traffic accident and the severity of the fault."
Therefore, although Chen was not directly involved in the accident, he parked illegally, affected the normal passage of other vehicles, and blocked the sight of both parties involved in the accident, which had a direct causal relationship with the accident.
Emergency avoidance of a car coming out of the garage
The electric car owner fell and was injured
The car owner bears civil liability
According to the Tianjin High Court, Xiao Zhang was riding an electric car through the gate of a community when Luo suddenly drove a car from the garage. Xiao Zhang suddenly braked in order to avoid the accident, causing the electric vehicle to fall to the ground. He also fell and was injured.
Afterwards, Xiao Zhang asked Luo for compensation. Luo said that he did not touch Xiao Zhang and that Xiao Zhang fell on his own and refused to pay compensation.
In traffic accidents, collision is not a necessary condition for liability. No contact does not mean no responsibility.
Judge Li Yang of the Tianjin Heping District People's Court said that according to the provisions of the "Road Traffic Safety Law of the People's Republic of China", when a traffic accident occurs, there is no physical collision between the two parties, but one party has faulty behavior, he should bear the corresponding liability. responsibility. According to the relevant provisions of the Civil Code, if damage is caused due to emergency evacuation, the person who caused the danger shall bear the responsibility.
According to the accident determination issued by the traffic control department, Xiao Zhang’s injury and the damage to the electric vehicle were causally related to Luo’s driving behavior, and Luo should bear corresponding civil liability.
How to avoid "no-contact accidents"?
The traffic police reminded that in non-contact traffic accidents, illegal behaviors such as occupying the lane and overtaking, failing to yield according to regulations, illegal parking, and indiscriminate use of high beams are the illegal behaviors that cause the highest accident rate. Once these become the main reasons for an accident, regardless of whether the vehicle collides or not, you must bear the corresponding liability for the accident.
hopes that everyone can strictly abide by traffic laws and ensure the safety of themselves and others.
[Source: Shanghai Rule of Law News]
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