Do I have to take responsibility for walking side by side? Court: Accidents that occur if you fail to walk by the side of the road as required shall be partially liable

Original title: Do you need to bear your own responsibility for walking side by side? Court: Accidents that occur if you fail to walk by the side of the road as required shall be partially liable

When Li and his neighbors were walking side by side on the village road, they were hit and injured by an electric tricycle driven by Yang, and after medical treatment, it was determined that Li mou constituted a grade 10 disability. Li mou sought Yang Mou to negotiate unsuccessfully and sued the court, demanding that Yang compensate for medical expenses and other losses of 96341.61 yuan. Recently, after trial, the SuiXian People's Court of Henan Province decided that the plaintiff Li X should bear 30% of the responsibility for the accident, and finally ordered the defendant Yang X to compensate the plaintiff Li X for medical expenses and other losses totaling 58506.07 yuan.

The plaintiff, Li X, claimed that while walking on the road from Youjitun to Diqiu in Sui County, the defendant Yang X drove an electric tricycle to injure him from behind, and he was immediately sent to the hospital for treatment, and after being identified by the institution as constituting a grade 10 disability, he caused various losses totaling 96341.61 yuan due to the impact, which should be compensated by the defendant Yang. Defendant Yang argued that Li was walking side by side with three other people, the plaintiff's position was basically located in the middle of the road, the defendant's repeated honking of the horn was ineffective when driving by, and when avoiding the oncoming car, the right handrail of the vehicle driven by the plaintiff was knocked down, and the plaintiff should bear the main responsibility for the accident.

After trial, the court held that the defendant Yang Mou was driving an electric tricycle on the road, could not observe the personnel in front of him clearly, did not take reasonable avoidance measures, and injured the plaintiff, and should bear the main responsibility for the accident. However, the plaintiff and the outsider Wang X and three other people walked side by side on the road, Li X was located on the innermost side of the road, violating the provision that pedestrians should walk by the side of the road, there was a certain fault in this accident, and the responsibility of the defendant Yang should be reduced.

After the verdict was pronounced, the plaintiff and the defendant raised objections to the division of responsibility for the accident. In response to the parties' objections to the division of responsibilities, the presiding judge answered questions to Li and Yang after the judgment. After patiently explaining the law, both parties realized their responsibilities and reached a settlement agreement on the spot, Yang paid Li a one-time compensation, and both parties expressed their acceptance of the judgment and interest lawsuit.

(Yuan Yujie)

■ Judge's statement ■

This case is a non-motor vehicle traffic accident dispute that occurred on a rural road, and there is a big dispute between the two parties over the division of responsibility for the accident. Article 57 of the Road Traffic Safety Law stipulates that driving a non-motorized vehicle on the road shall comply with the relevant traffic safety regulations. Non-motorized vehicles should drive in non-motorized lanes; on roads without non-motorized lanes, they should drive on the right side of the lanes. Article 61 stipulates that pedestrians shall walk on the sidewalk, and those without sidewalks shall walk by the side of the road. According to the provisions of the Road Traffic Safety Law, on roads that do not have non-motorized lanes, non-motorized vehicles should drive on the right side of the roadway, and pedestrians should walk on the side of the road.

In this case, defendant Yang drove a non-motorized vehicle without moving against the right side of the roadway, did not make an accurate judgment on the road conditions when driving from the rear, did not take reasonable avoidance measures, scratched the plaintiff and injured the plaintiff, the defendant Yang was at fault for the plaintiff's damage, there was a causal relationship between the defendant's driving behavior and the plaintiff's damage, and Yang was mainly responsible for the occurrence of the accident and should bear the liability for compensation. In the process of walking, the plaintiff Li Mou was in parallel with others, and did not walk by the side of the road in accordance with the regulations, which not only affected the traffic order, but also put himself in a dangerous situation, and had certain faults for the occurrence of the accident, so the defendant's responsibility could be reduced. (Reader Judge's Statement)

【Source: People's Court Daily】