On December 10, 2016, two bizarre traffic accidents occurred in Yongfu County, Guangxi Province, Zhuang Autonomous Region.
In the first traffic accident, Xie Xiaogu, who had already been seriously injured, was tragically injured twice in the process of being treated by an ambulance, which made the already complicated division of traffic responsibilities more chaotic.
Due to the seriousness of her injuries, Xie Xiaogu finally died after 21 days of rescue in the hospital. For xie Xiaogu's death, in the eyes of outsiders, the person responsible for the first traffic accident and the hospital have an unshirkable responsibility. But in the end, why did the hospital take Xie Xiaogu's family to court?
Is there another hidden plot for Xie Xiaogu's death? Who is responsible? Can Xie Xiaogu's family get back a justice?
An incident caused by a traffic accident
The victim, Xie Xiaogu, was an ordinary villager in Yongfu County, Guilin City, Guangxi Province, who was 48 years old at the time. At 7:00 a.m. on December 10, 2016, Xie Xiaogu went to work in a woody board factory three or four kilometers away from her home as usual.
Xie Xiaogu
However, just half an hour later, the husband of the deceased received a call from a colleague of his wife saying that something had happened to his wife.
Xie Xiaogu's husband immediately rode a motorcycle to the factory where his wife worked, and found Xie Xiaogu lying on the ground at the entrance of the factory, the ambulance had arrived, and the emergency personnel were examining and treating his wife.
Xie Xiaogu's husband noticed that Xie Xiaogu's battery car fell on the ground on the side and his helmet had been broken. After examination, the doctor found that Xie Xiaogu's injuries were mainly concentrated in the head and chest, although it was not long before the time of the accident, but Xie Xiaogu was already in a coma.
The image originates from the internet
Subsequently, Wang Ribo, the other party in the traffic accident, recalled that he rode a motorcycle to take his wife to work in the early morning of the same day, and when he passed the factory intersection, the traffic accident occurred.
At the time of the accident, Wang Ribo was riding forward, but Xie Xiaogu, who came from opposite him, wanted to turn left into the factory gate, and the two cars crashed together.
Then Wang Richo and his wife, who was sitting in the back seat, fell to the ground with the motorcycle, fortunately the two were not in serious trouble; but after Xie Xiaogu fell, she was unconscious and remained in a coma.
Wang Ribo
Seeing the situation, Wang Ribo immediately dialed 120 and Xie Xiaogu's husband's phone. With the help of Wang Ribo and Xie Xiaogu's husband, the medical staff carried the injured Xie Xiaogu to the ambulance, and then Wang Ribo and Xie Xiaogu's husband also got into the ambulance and prepared to go to the hospital with the car.
Secondary injuries on ambulances
Less than 10 minutes after the ambulance had set off, an old man with a cart on the side of the road appeared in front of him, and the ambulance was about to accelerate over, but an accident occurred. The old man's bicycle suddenly deflected towards the middle of the road, the driver instinctively slammed on the brakes, and the ambulance stopped.
Along with the rapid braking sound, an unexpected thing happened in the ambulance, at the moment of braking, due to the inertia, Xie Xiaogu, who was lying on the stretcher, was thrown out of the stretcher, and in front of the stretcher was a fixed dead iron seat.
Unfortunately, Xie Xiaogu's head just crashed into the legs of the front seat, because at this time, most of Xie Xiaogu's body was still lying on the stretcher, only the upper body was tilted and suspended, and the head was tightly stuck in the legs of the fixed seat and could not move.
At this time, the medical staff can only choose to withdraw the stretcher from the back of the ambulance, first withdraw the stretcher from under the patient, wait for the patient to be parallel to the vehicle, and then slowly remove the head, and put Xie Xiaogu back on the stretcher before the medical staff continue to the county hospital.
After returning to the hospital, the doctor immediately gave Xie Xiaogu a CT examination of her skull and lungs, but the results were not optimistic.
The examination results showed that Xie Xiaogu had cerebral contusion and bleeding, skull fracture, left lung contusion, rib fracture, and the injury was extremely serious.
After consultation with doctors from several departments, she was sent to the intensive care unit for rescue on the same day. After 21 days of treatment and rescue, Xie Xiaogu still stopped breathing and heartbeat, and left this world on the morning of the 22nd day of admission.
Because Xie Xiaogu's case originally originated from a traffic accident, when Xie Xiaogu was still in the hospital, the local traffic police department investigated the accident and made a traffic accident certificate.
On the same day, after Xie Xiaogu was pulled away by ambulance, the traffic police rushed to the scene, leaving only an electric vehicle and a two-wheeled motorcycle at the scene, after visiting witnesses around, the traffic police roughly restored the process of the traffic accident.
More than 10 days after the traffic accident, the local transportation department issued a corresponding responsibility determination letter, the main content of which is: the deceased Xie Xiaogu did not avoid the direct vehicle to pass first when riding around, resulting in the accident, and should bear the main responsibility for the accident; and Wang Ribo drove a motor vehicle that had not yet been registered, and did not obtain the corresponding motor vehicle driving license, which was the secondary cause of the accident and should bear the secondary responsibility for the accident.
However, this result was opposed by Xie Xiaogu's family and lawyers, who believed that Wang Ribo himself did not have a motor vehicle driving license, and there may be speeding while driving a motorcycle on the same day, so there may be the main responsibility for causing the traffic accident.
Therefore, the day after the accident liability determination was issued, Xie Xiaogu's husband submitted an application to the public security organ for the review of the traffic accident determination, requesting that the responsibility for the accident be re-determined.
During the re-investigation, the police commissioned a third-party agency to identify the surveillance video on the day of the incident. The identification result is that Wang Ribo did have the behavior of speeding at a speed of 53 kilometers per hour.
On February 13, 2017, the Yongfu County Traffic Police Brigade made a road traffic accident re-identification letter, and finally determined that both parties were equally responsible for the accident.
Regrettably, when this letter of recognition came out, Xie Xiaogu had been dead for more than two months, and Xie Xiaogu's death made the family that was not rich in the first place even worse.
Xie Xiaoyi's husband
It is reported that Xie Xiaogu's husband only does some odd jobs on the construction site on weekdays, and her income is very limited, while Xie Xiaogu usually works in the factory, and her monthly income of more than 3,000 is the main source of income for their family.
Now with the death of Xie Xiaogu, the family's financial resources have also been cut off, the eldest daughter has just reached adulthood, the second daughter is only 12 years old, the twin son and the younger daughter are only 10 years old, and the family's life is suddenly in trouble.
In order to get justice for his wife and to get some financial compensation, Xie Xiaogu's husband took Wang Richo to court with an accident certificate.
At the same time, Wang Ribo filed a counter-appeal, saying that the hospital should bear the main responsibility for Xie Xiaogu's death. The case is getting more and more difficult, how should the police judge it?
Since then, Xie Xiaogu's family has negotiated and sued for more than 2 years with the other party to the traffic accident, the hospital, and the factory where Xie Xiaogu worked before her death, and various legal procedures have reached 15.
The trial of the deceased's family
On February 23, 2017, Xie Xiaogu's family took Wang Ribo, the other party to the traffic accident, and the Guilin branch of an insurance company to court. Because Wang Ribo's motorcycle is insured by this insurance company, this company also has to bear certain responsibilities.
When Xie Xiaogu's husband confronted Wang Richo in court, the defendant Wang Richo applied to add Yongfu County People's Hospital as the defendant.
Wang Ribo believes that xie xiaogu was on the way to the hospital, because the hospital ambulance braked sharply, causing Xie Xiaogu's head to hit the seat, causing secondary injuries. Therefore, the hospital is also responsible, and the responsibility should be greater.
After investigation, the judge held that the ambulance slid into the bottom of the seat due to the sudden braking of the ambulance during the treatment, which did have a certain impact on Xie Xiaogu's death. Therefore, the judge chose to support Wang Ribo's application and added Yongfu County People's Hospital as the defendant.
The hospital believes that due to their mistakes in transporting patients, the hospital has certain faults and responsibilities for being cut off on a stretcher and crashing into the seat, but Xie Xiaogu's injuries after the first traffic accident have been very serious, and she has been unconscious before getting on the ambulance, and the damage to Xie Xiaogu in the second accident should be very small, and it is not the main reason for her death.
During the trial, the court entrusted a third-party testing agency in Guilin City to identify what kind of injuries Xie Xiaogu died, the proportion of various injuries that killed Xie Xiaogu, and the degree of participation in Xie Xiaogu's death in the two accidents.
However, the appraisal agency believes that it is difficult to distinguish what kind of damage caused by each accident with respect to the existing inspection materials, and it is not enough to accurately distinguish between the two accidents and the cause of Xie Xiaogu's death for objective assessment, so the appraisal application was not accepted.
After discussion at the court, it was held that the reason for Xie Xiaogu's death was mainly due to the first traffic accident, and combined with the traffic accident certificate of the traffic police department, the deceased Xie Xiaogu and Wang Ribo each needed to bear 40% of the main responsibility in the accident, and the hospital needed to bear 20% of the secondary responsibility. The court also divided the proportion of liability of the parties to the litigation.
On January 9, 2018, the second-instance judgment held that Xie Xiaogu's death due to a traffic accident caused medical expenses, lost work expenses, death compensation, and living expenses of dependents totaled more than 200,000 yuan. Among them, the defendant insurance company should bear the compensation liability of 120,000 yuan; the defendant Wang Ribo needed to compensate 115,600 yuan; and the defendant Yongfu County People's Hospital needed to compensate 88,000 yuan.
After the second-instance judgment, I thought the dust had settled, but I never expected that the Yongfu County People's Hospital had sued Xie Xiaogu's husband.
It turned out that before the verdict came down, Xie Xiaogu's husband had already made a big fuss in the hospital. In the end, the hospital had to return all the expenses of Xie Xiaogu in the hospital, and the two sides privately reached an agreement. Therefore, Xie Xiaogu's husband can no longer sue the court.
Although the plaintiff is Wang Ribo, Xie Xiaogu's husband did not indicate this matter when the court issued the judgment, and even put more than 80,000 yuan of the hospital's compensation directly into his pocket. Regarding Xie Xiaogu's husband's practice, the hospital said that she was "very angry." ”
Therefore, the Yongfu County People's Hospital decided to sue Xie Xiaogu's husband, demanding that all the treatment and medical expenses previously hospitalized by Xie Xiaogu be returned.
Finally, under the mediation of the court, Xie Xiaogu's husband terminated the agreement with the hospital and used the money compensated by the hospital to pay xie Xiaogu's previous hospitalization expenses.
Because Xie Xiaogu suffered an accident at the entrance of the factory, it should be a work injury. Therefore, Xie Xiaogu's husband once again appealed to the Guilin Intermediate Court and sued Xie Xiaogu's factory before she died.
In the process of visiting and identifying, the relevant institutions found that the factory where Xie Xiaogu worked before her death did not sign a corresponding labor contract with her. However, according to Xie Xiaogu's husband, Xie Xiaogu has been working in the factory for half a year, and the wages paid in it are also recorded in the bank card, and a de facto labor relationship has been formed.
After the application for work injury was blocked, Xie Xiaogu's husband submitted an arbitration application to the local labor and personnel dispute arbitration commission, requesting confirmation of the de facto labor relationship between Xie Xiaogu and the factory.
During this period, Xie Xiaogu's husband also submitted a work risk receipt, which was a 100 yuan deposit collected by Xie Xiaogu after entering the factory, and because Xie Xiaogu's labor remuneration was paid monthly, there was a text message record of the funds in his mobile phone. Xie's family and her litigant lawyers believe that the evidence can prove that the factory had an employment relationship with the deceased.
On December 25, 2018, the Yongfu County Labor and Personnel Arbitration Commission made an arbitral award, and based on evidence such as the content of Xie Xiaogu's work during the work period and the way of remuneration, it can be determined that Xie Xiaogu was managed by the factory during her work and engaged in paid labor. Moreover, the labor provided by Xie Xiaogu every day is an important part of the factory business, and there is de facto labor between Xie Xiaogu and the factory.
At this time, the factory once again raised doubts, because Xie Xiaogu's traffic accident was not far from Liangjiang Town in Lingui District, Guilin City, and nearby villagers often went there to catch the market, so it was not certain whether Xie Xiaogu went to work or rushed to the market that day.
However, in the process of investigation, the local authorities found two key witnesses, who testified that xie Xiaogu was riding an electric bicycle before the accident, claiming that he was going to work in the factory. Therefore, on December 26, the Yongfu County Human Resources and Social Security Bureau issued a decision to recognize the work injury. In the end, the court ruled that the factory should compensate Xie Xiaogu's family for 910,000 yuan.
When our legitimate rights and interests are infringed, we must actively use legal weapons to defend our own rights and interests, and we must know how to take legal means and correct ways to safeguard our reasonable rights and interests. At the same time, we must also see that traffic accidents are as fierce as tigers, in daily work and life, we must pay attention to traffic safety, and the law can protect our rights and interests, but it cannot save our lives.