Accident while driving an electric two-wheeled moped
Electric car sellers are losing money
What the hell is going on?
In September 2022, when Li drove a heavy steeplechase truck from south to north to the intersection of Zhonghui Avenue, he collided with an electric bicycle driven by Huang, causing damage to the vehicle.
December 2023
People's Court of Huishan District, Wuxi City, Jiangsu Province
A civil judgment was rendered in respect of the traffic accident
Except for the truck driver who bears civil liability
The electric vehicle business department was sentenced
Compensate the family of the deceased more than 80,000 yuan
It is understood that on February 7, 2021, Huang paid 1,900 yuan to buy an electric bicycle in an electric vehicle business department, and after the accident, the relevant departments inspected the vehicle and determined that the vehicle was an electric two-wheeled moped.
The court found
The court held that: first, the vehicle involved in the case was a two-wheeled moped, but the nameplate was fixed on the inside of the electric vehicle and could not be clearly identified by the purchaser, and the electric vehicle business department failed to provide evidence to prove that Huang had informed Huang of the actual situation of the vehicle and made the necessary explanation of the vehicle, so the electric vehicle business department had defects in the warning description of the product, misleading consumers, and the defects in the product warning made the electric vehicle that caused the accident unreasonable danger, which was enough to constitute a product defect.
Driving an electric two-wheeled moped requires corresponding driving qualifications, and Huang, as a person without professional driving training, driving a moped will obviously cause his control of the vehicle to decrease. The combination of the danger of the vehicle itself and the driver's lack of driving skills can greatly increase the probability of an accident. Therefore, there is a causal relationship between the defects of the products of the electric vehicle business department and the occurrence of the accident to a certain extent, so it should bear the corresponding responsibility.
Therefore, based on the fault of the vehicle driven by Huang and the degree of connection between the product defects of the vehicle that caused the accident and the accident, the court ruled that the electric vehicle business department should bear 8% of the compensation liability for Huang's death.
Here's a reminder to all manufacturers and distributors
Do not do so for commercial purposes
Deliberately concealing consumers or making false claims
Consumers are involved in traffic accidents due to the purchase or use of illegal vehicles
can protect their legitimate rights and interests through judicial channels
At the same time, the traffic police department also reminded the majority of consumers
When buying a vehicle, learn to check the vehicle information
Don't trust the seller's side of the story
Our country's new national standard stipulates that the maximum speed does not exceed 25 kilometers per hour, the mass of the vehicle does not exceed 55 kilograms, the ability to pedal and ride, the motor power does not exceed 400 watts, the nominal voltage of the battery does not exceed 48 volts, and there needs to be a 3C mark, in order to be called an electric bicycle, that is, it is a non-motor vehicle.
Motor vehicles have different requirements from non-motor vehicles in terms of vehicle quality or maximum driving speed, braking, signal, etc., and due to the relatively large difficulty and danger of motor vehicle operation, the law requires strict physical examination, Xi training and examination, and can only drive on the road after obtaining a driver's license.
Therefore, consumers when purchasing such products
Be sure to double-check the relevant product information
Go to the local traffic management department in time
Go through the relevant registration procedures
(↑ Comparison of execution standards, vehicle diagrams, frame numbers, etc.)
Besides
Take to the road on an e-bike
To keep in mind
Civilized and law-abiding, safety first
Source: Wuxi Traffic Police