In the quiet area, a car whistle can wake up sleeping people in an instant. The elderly who were practicing in the morning heard this sharp "roar" and felt a palpitation, and the babies who sucked breast milk were so frightened that they cried and made the family jump. The whistle is small, but the adverse effects are very large.
Therefore, mainland laws and regulations make strict provisions on the honking of automobiles. Article 62 (8) of the Implementing Regulations of the Road Traffic Safety Law: Driving a motor vehicle shall not honk its horn in an area or section of the road where horns are prohibited. Generally speaking, no-ming areas are set up in the city's schools, neighborhoods, hospitals, tourist attractions, etc., because these places usually need to maintain a quiet environment.
If drivers do not comply with laws and regulations, there is a high risk of serious consequences. For example, the tragic case caused by the honking of the horn in Lichuan City, Hubei Province: In July 2018, an elderly couple, Uncle Zhang and Mrs. Shi, arrived in Lichuan from their hometown of Chongqing, intending to visit here. However, just after they checked into the hotel, one morning they had a sudden accident.
At eight o'clock in the morning of July 21, Uncle Zhang and his wife and children came out for morning exercise according to their previous habits, and went to the nearby community to visit their old friends. When they walked to their friend's neighborhood, they met their friend at the gate. Less than a few minutes after the three people talked, a special air sound suddenly came from not far away, interrupting the conversation of several people. Old Mrs. Shi just wanted to complain twice, but saw her wife next to her slowly fall down with her head covered. Mrs. Shi screamed, frightened, and quickly dialed the 120 emergency number.
However, when the medical staff sent Uncle Zhang to the ambulance and rushed to the hospital, Uncle Zhang's life was terminated at the age of 72. The doctor's diagnosis said that Uncle Zhang died of cerebral hemorrhage and respiratory and circulatory failure. Due to his advanced age, his blood pressure was at a high level all year round, and when he had an accident, it was precisely because of the sound of qi that Uncle Zhang was frightened, which made Uncle Zhang suffer cerebral hemorrhage.
Mrs. Shi lost her husband in her old age and cried silently in the hospital. After seeing the results of the diagnosis and treatment, she decided that the matter was inseparable from the driver who was honking the horn at the time. With the help of her friends, she approached the person to find out more. It turned out that the driver Zhang Mou was employed by a certain unit, driving a garbage truck to collect garbage on the road at eight o'clock in the morning of July 21, and he habitually honked his horn before setting off to remind the cars that were moving on the road, but ignored the quiet community where he was located.
Mrs. Shi believes that the reason why her husband died is precisely because Zhang Mou's whistle is too loud. Therefore, she filed a complaint against Zhang, Zhang's unit and the garbage truck insurance company in court, requesting compensation of 340,000 yuan including medical expenses, transportation expenses, death compensation, etc. So, is Mrs. Shi's appeal reasonable?
First of all, what we should understand is the cause of Uncle Zhang's death. The direct cause of his death was illness, and the indirect cause was cerebral hemorrhage caused by the sound of the whistle, which in turn led to the death. There can be a causal relationship between the whistle and cerebral hemorrhage, so the main reason for Uncle Zhang's death is his physical fitness, and the secondary reason is the whistle.
Secondly, is the driver Zhang Mou's honking behavior a harmful behavior? Article 34 of the Law on the Prevention and Control of Environmental Noise Pollution Motor vehicles driving within the urban limits of the city, motorized ships sailing in the inland waterways of the urban areas, and railway locomotives driving through or entering urban areas and convalescent areas, they must use sound devices in accordance with regulations. According to the facts of the case, the location of the driver Zhang Mou is exactly the no-sound area. As mentioned above, the "Regulations for the Implementation of the Road Traffic Safety Law" stipulates that the horn shall not be honed in the no-sound area, so Zhang Mou's honking behavior is illegal, of course, it is a harmful act.
In addition to Zhang's need to be responsible for this accident, the unit that employed Zhang and the garbage truck insurance company should bear the liability for compensation. This incident occurred when Zhang Mou set off, and the cause was that he was driving illegally and honking in the no-sound area, so it was a traffic accident, and the garbage truck insurance company should bear the liability for compensation within the scope of insurance liability.
Relevant laws: Article 76 of the Road Traffic Safety Law If a traffic accident occurs in a motor vehicle causing personal injury, death or property damage, the insurance company shall compensate within the limit of the compulsory insurance liability of the third party liability of the motor vehicle; the insufficient part shall bear the liability for compensation in accordance with the following provisions: Second, if a traffic accident occurs between the motor vehicle and the 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.
In addition, because the driver Zhang Mou infringed on the rights and interests of others during operation, his unit should also bear part of the responsibility. Article 34 of the Tort Liability Law: If the employee of the Employer causes damage to others due to the performance of work tasks, the Employer shall bear the tort liability. In the end, the court ordered the insurance company to compensate 110,000 yuan, Zhang to compensate 30,000 yuan, and Zhang to compensate 10,000 yuan.
This case has caused a lot of controversy, and some people believe that although Zhang Mou's whistle violated the law, the causal relationship between the whistle and the death of Uncle Zhang seems to be weak, after all, if Uncle Zhang is replaced by a young man, it will not cause such an accident. If we talk about the root causes of this case, we have to mention the significance of the forbidden area. In fact, the no-sound zone is set up to maintain the tranquility and quietness of the living environment, if you violate laws and regulations, honking in the no-sound area, it is easy to cause contradictions and disputes, and destroy social harmony. Therefore, the Uncle Zhang incident seems to be accidental, but in fact it is a wake-up call for all drivers.
(The names of the people in this article are pseudonyms, and some of the pictures are network images; reprinting and plagiarism are prohibited in the article.) ）