In today's headline @头条帮忙接用户陈先生反馈称, at 10 a.m. on August 6, his 52-year-old mother Ao Qiying was selling melons at a stall at the entrance of the village as usual, and a small car came out of control, knocking over melon stalls and pedestrians, causing two deaths and three injuries.
Afterwards, Mr. Chen learned from the police that the cause of the accident was that the driver fell asleep while driving. Mr. Chen said that so far the driver's family has not contacted him, and his lawyer only said that he was willing to pay 50,000 yuan in compensation, on the condition that Mr. Chen issued a letter of understanding.
On August 31, police officer Jiang, who handled the case, told the China Business Daily Gale News reporter that the driver's side had paid 50,000 yuan to the family of the deceased for the burial expenses, and if the two sides were willing, they could organize mediation.
The front of the white trolley was seriously damaged,
The dead also included a 9-year-old child
Although it has been nearly a month since the incident, Mr. Chen, a 22-year-old native of Wuhan's Jiangxia District, is still immersed in the grief of losing his mother. On the morning of Sunday, August 6, he suddenly received a call from his father informing him that he had been hospitalized in a car accident. He hurriedly picked up his relatives and rushed to the hospital together, and was told by the doctor that he was unable to return to heaven.
Mr. Chen said that because his father was sick and infirm and could not do heavy work, over the years, he had been relying on his mother's hard work to grow seven or eight acres of watermelons to sell melons to make a living, and the family's annual income was about 450,000 yuan. My mother usually sets up a stall under the roadbed at the intersection into the village, and although the traffic in this section is not small, there has never been an accident for many years, and many villagers set up stalls here to sell melons.
According to a video of the scene provided by Mr. Chen, the scene was very tragic, the front of a white car was seriously damaged and deformed by the impact, and the driver's seat airbag had been opened and parked on the curb. On the road and land around the vehicle, broken melons were scattered on the ground, and two women and a man were lying scattered, and one man was holding a person and crying.
At the scene of the car accident, broken melons were spilled on the ground
The driver's seat airbag of the vehicle involved in the accident has been deployed
"Because he didn't brake, two people were gone directly on the spot." Mr. Chen said that he later learned that the driver of the accident, Li Moucheng, was a leader of a local state-owned enterprise and went to the unit early that day to go to work the next Monday.
Mr. Chen said that the car accident not only took the lives of his mother and 9-year-old child, but also one seriously injured person underwent craniotomy, and another seriously injured person is still lying in the ICU.
"That is to say, to negotiate an understanding with us, that is, to negotiate the compensation without talking about anything, so we directly ask us if we want to understand, that is, give 50,000 yuan of understanding, if you are not willing to accept it, do not talk." Mr. Chen said that since the incident, Li's family has never contacted him, and his lawyer has communicated with his lawyer. The other party claimed to be willing to pay 50,000 yuan in compensation and hoped that they would issue a letter of understanding.
"There is an intracranial injury to be evaluated for psychiatric evaluation, at least half a year... We want to find the government to deal with the matter as soon as possible. Mr. Chen said that he also inquired about the process of making a claim for such a car accident, and it usually takes more than two years for the judicial process to go down. And his mother could not be in a funeral home for so long, and the family's financial situation was not rich, he hoped to get compensation as soon as possible and bury her mother.
Traffic Police Brigade:
The driver who caused the accident had a speed of 61 kilometers and was fully responsible
According to a "Wuhan Municipal Public Security Bureau Jiangxia District Traffic Brigade Road Traffic Accident Certificate", "The road traffic accident occurred: At about 10:34 on August 6, Li Moucheng drove the EXX small ordinary bus along the paper He Highway in Jiangxia District, Wuhan City from north to south to the section in front of the Land Hall Welfare Institute (S113 Provincial Road 26.9KMM), failing to drive safely in accordance with the operating specifications, causing the vehicle he was driving to the right and driving out of Ao Qiying and his melon stall and 3 on the side of the road and the west side of the road A collision occurred between Fu Mouxi, Fu Mou, Shuai Mou, Chen and Chen's AXX Pro Light Railing Truck (melon stall) parked outside the road, resulting in a traffic accident in which Ao Qiying, Fu Mouse, Fu Mouxi, Shuai and Chen were injured and vehicles and melon stalls were damaged. On the same day, Ao Qiying and Fu Mouxi died after ineffective rescue at the First People's Hospital of Jiangxia District.
Certificate of Road Traffic Accident
Analysis of the evidence of road traffic accidents and the causes of accidents: Li Moucheng drove a motor vehicle on the road, exceeding the maximum speed indicated by the speed limit sign (the speed limit was 30km/h, after identification, the speed of the small ordinary passenger car No. XX before the accident was 61km/h), did not drive safely in accordance with the operating specifications, and his behavior violated the provisions of the first paragraph of Article 22 and the first paragraph of Article 42 of the Road Traffic Safety Law of the People's Republic of China, which was the direct cause of the accident... Our team made the following determination: Li Dongcheng bears full responsibility for this traffic accident. ”
Lawyer representing the driver who caused the accident:
The family of the driver who caused the accident is selling the villa to raise money
On August 31, a reporter from the China Business Daily Gale News tried to call the contact of Li Moucheng, the driver who caused the accident, but the phone was pressed.
"We already said when we first went to the traffic police brigade to contact the police officer, hoping that he would bring our apologies to the deceased." Li's lawyer, Lawyer Chen, said that Li's family hoped that the police could organize mediation between the two parties.
Lawyer Chen said that at present, Li's family has paid 350,000 yuan to the police officer Jiang who handled the case, of which 100,000 yuan is 50,000 yuan to the families of the two deceased to deal with the aftermath. Mr. Chen's lawyer also proposed to give another 3~50,000 yuan.
"(Mr. Chen) has already taken (50,000 yuan)." Lawyer Chen said that Li's family is also an ordinary family, and at present, in order to raise funds to pay for the medical expenses of the injured, his family has put the villa for sale online, but no one cares, "His villa is a villa developed by their unit, and it may have been bought at a preferential price." ”
Does Li's family have a requirement to exchange 50,000 yuan for a letter of understanding for funeral expenses? Lawyer Chen flatly denied that "this statement has never been made." She explained, "What we said, if we want to understand, is that the five victims come together to understand, and after they are all negotiated, they will understand together. ”
As for whether Li Moucheng is an employee of a state-owned enterprise, Lawyer Chen said that it is not convenient to answer.
Traffic police handling the case:
After all the injured are treated,
All the victims go to court together to file a case,
The insurance compensation is then divided proportionally
"The courts can't judge them one by one." Jiang police officer of the Jiangxia District Traffic Brigade Accident Prevention and Handling Squadron of the Wuhan Municipal Public Security Bureau, who handled the case, said that in general, the claim procedure for such car accident cases is to wait for all injured people to complete the treatment, all victims go to the court to file the case, and then divide the insurance compensation proportionally.
He said that in the local area, the price of issuing a letter of understanding is about 100,000 yuan. The 50,000 yuan is the funeral expenses paid by the family of the driver who caused the accident to the family of the victim first, and if the two parties do not reach an agreement during the mediation, the 50,000 yuan will be deducted from the statutory compensation received by the victim after the court judgment. In the second case, if the negotiations are reached, the driver's family will pay the remaining tens of thousands of yuan for the victim's family, and the burial expenses will be compensated to the family of the deceased by the insurance company in the future.
"One opening to give, one opening to ask, the gap between them is very large, (Mr. Chen) open the mouth to ask for 300,000... If you talk about 5 people, others (the driver's family) will definitely not accept it. Officer Jiang said he had asked lawyers on both sides to try to mediate. However, the two sides did not negotiate, and in the end, no agreement was reached, and Mr. Chen had already collected the 50,000 yuan funeral expenses paid in advance.
He also said that if Mr. Chen's side is willing, the traffic police department can continue to organize mediation and consultation between the two parties, and Mr. Chen can also apply for judicial mediation or file a lawsuit in court.
"He (driver Li Moucheng) told me that he was a little tired at that time." He also confirmed that the cause of the car accident was Li Moucheng's dozing. According to his analysis, Li Moucheng may have been caused by fatigue or the effect of hypoglycemic drugs, but he denied Li Moucheng's state-owned enterprise leadership, "He belongs to external employment." ”
China Business Daily Gale News Reporter Chen Si Editor Dong Lin
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