Yangcheng Evening News reporter Zheng Cheng Foshan, intern Xu Lang reports: a “good” behavior, sometimes incur unexpected liability. Nanhai District of Foshan City, the driver drove the motorcycle driver hit Daw, the first time he rushed the injured to hospital for treatment, then returned to the scene for investigation, police found was destroyed the site, should bear full responsibility for the accident. Nanhai District Court to consider the actual situation at the time, the recent judgment of first instance to reduce the rescuers liability. Yangcheng Evening News reporter from the South China Sea on the 6th of this month the court was informed that the statutory 15-day appeal period has passed, but the hospital has not received Daw defendant appeals. “But that does not mean that Mr. Du has to obey the judgment, he can appeal directly to the Foshan Intermediate People’s Court.”
Was sentenced to save full responsibility
January 2010, Mr. Du driving minibus traveling from the South China Sea to GUICHENG danzao, with the same direction of Lee driving two motorcycles collided, causing vehicle damage, Lee injured. After the accident, the first time the thought of Daw treat the wounded, so driving a small passenger car equipped danzao Lee went to hospital, and then drove back to the scene of the accident.
Nanhai police brigade after site survey and investigation confirmed that Mr. Du in the event of an accident, because she did not protect the injured site, resulting in the basic facts of the accident can not be ascertained, no evidence that Lee had led to the fault of this accident. Doo rescue the injured after the accident due to the unprotected site, its violation of the provisions of the first paragraph of Article 70 of the “People’s Republic of China on Road Traffic Safety Law,http://www.tynrf.com/home.php?mod=space&uid=1623543,” found the defendant Dumou assume full responsibility for this accident, the defendant Lee does not assume responsibility for this accident.
Judicial appraisal, the plaintiff Shoulder Injury Lee left carotid plexus injury left arm, left upper limb paresis assessed as seven disability; rupture resection assessed as eight disabled; left femur fracture caused by partial loss of functional activity of the left lower limb assessed as ten disabled. Lee Doo and the insurance company will court to require Mr. Du compensation for his medical expenses, lost income,http://www.520qh.cn/bbs/home.php?mod=space&uid=11765, disability compensation and other costs totaling about 250,000 yuan,http://www.yiacc.com/home.php?mod=space&uid=44789, the insurance company jointly and severally liable.
Reduce the liability of First Instance
Court after hearing that the traffic police brigade of the South China Sea by road traffic accidents Traffic Accident, legal procedures, the division of responsibilities is accurate, it shall be admissible to the Traffic Accident. Mr. Du matter of urgency, to place first in the lives of Lee,http://zr700.com/news/html/?1179.html, Lee promptly sent to hospital for emergency treatment, so Lee’s life, physical health to avoid greater damage. Although Doo due to rescue the injured did not cause can not be identified to protect the accident scene and take full responsibility for the accident liability of this accident, but the combination of the actual circumstances of the case,http://e-learning.tsu.ge/login/index.php?item/create_form/1, the defendant actively rescue the injured Dumou behavior is worthy of recognition and encouragement. According to the principle of public order and good morals, the Court of First Instance on Daw plaintiff losses incurred civil liability shall be reduced, where appropriate, identify Doo bear 70% of civil liability, damages Lee 57,174.49 yuan.
Reporters learned that the South China Sea Court courtroom admissibility of such accidents actively rescue the injured and left the scene due to the traffic police identified cases of full responsibility for the whole year there are about 20 cases.
Actively assist the wounded have to take full responsibility for this encounter after such events mean that we should sit idly by it? Von case judge said the trial judge, the court is to encourage the community to actively assist the wounded, to eliminate blind, neglecting the social phenomenon such as apathy,http://www.9966sk.com/home.php?mod=spacecp&ac=blog&blogid=, loss of pay beyond the categories of cases outside the scope of compulsory insurance compensation may be appropriately reduced in accordance with the specific circumstances of the case Liability rescuer.
User opinions differ public
After the rescue,http://bbs.ihuaduo.net/home.php?mod=space&uid=7121, but was sentenced to take full responsibility for this incident caused a heated debate in the public and users in Foshan. Some netizens even behind the driver Doo that regardless of how it should be to save people, after all, human life greater than days, after the rescue should not be sentenced to the full responsibility, “After all, yet it can go to the Public Security Bureau gave himself up to reduce the sentence to save at least they should and surrendered to equate it. “traffic police also have public support,http://hdkywbbs.hk51.dingidc.com/home.php?mod=space&uid=103170, Mr Li says,” If that driver really is intentionally want to destroy scene evidence? I think the penalty is not too much traffic. “Liu said owners “If I did not have responsibility in the accident,mulberry outlet, but most of the responsibility to save, then there might fall on me, so to save or not save, I really can not choose.”
As for the reason for the traffic police to the scene of the destruction made by Daw, a netizen different opinions, “If that happened to me, I would choose to save it? Good tangled Yeah, protect the scene, then the money can pay insurance, can destroy the scene, minus the full responsibility for the insurance company to pay it? if you do not pay, then save the others, I myself may not be over, I think really a little blankly. “