#Seeing the various states in the world#"Good intentions ride" in a car accident, how should the responsibility be divided?
Recently, Zhuhai's first case of injury caused by a "good intentions ride" car accident has aroused social concern. In this case, three college classmates met to rent a car to go out for an exam, and unfortunately a traffic accident occurred, one of them was seriously injured, and claimed 590,000 yuan from the driver's classmate. After the trial, the court found that although the driver was fully responsible for the accident, due to the existence of good intentions to ride together, it reduced his liability by 40% as appropriate.
Article 1217 of the Civil Code of the People's Republic of China stipulates: "If a non-commercial motor vehicle causes damage to a passenger without compensation, and it is the responsibility of one party to the motor vehicle, its liability for compensation shall be reduced, except where the user of the motor vehicle is intentional or grossly negligent." In other words, if the driver carries another person free of charge or allows another person to ride free of charge based on good faith mutual assistance or friendly assistance, which is an act of friendship with good intentions, then in the event of a traffic accident, the driver's liability for compensation can be appropriately reduced, unless the driver is intentional or grossly negligent.
The legislative purpose of this provision is to encourage mutual assistance and fraternity in society, maintain the harmony of interpersonal relations, and promote the development of green travel, which embodies the spirit of the core values of socialism. But that doesn't mean the driver can be irresponsible, or that the passenger can claim compensation at will. The driver still has the obligation to protect the life and property safety of the passengers, and should pay careful attention during the driving process, protect the life and health safety of themselves and the passengers, and do not let good things become tragedies. Passengers should also respect the driver's goodwill, reasonably enjoy the convenience of the ride, and do not give up safety precautions because of free rides, or make excessive claims because of injuries. The two sides shall, in accordance with the principles of good faith, fairness and reasonableness, properly handle the consequences of traffic accidents and jointly maintain the order of road traffic.
Of course, goodwill ride-sharing is not one-size-fits-all, and it is necessary to analyze specific issues on a case-by-case basis, comprehensively considering factors such as the familiarity of both parties, whether the motor vehicle is a commercial vehicle, the time of riding, the place of riding and the trading Xi, as well as the degree of fault of the driver and the passenger, and the act of taking the initiative to assume responsibility, etc., in order to determine whether it constitutes goodwill ride-sharing and how much compensation liability is reduced. For example, if the driver is not qualified to drive or has a serious fault such as a driver who is not allowed to drive a vehicle and rides another person for free, the liability cannot be reduced. If a motor vehicle provides a free ride for business purposes, such as a hotel or supermarket providing a free shuttle bus to promote business, it is not a bona fide ride. In the case of a motor vehicle operated by a taxi or ride-hailing service, this article does not apply to the passenger to reduce his or her liability even if the passenger rides without compensation.
In short, "good intentions to ride" is a beneficial social behavior that should be protected and encouraged by law, but it should not be used as an excuse for drivers and passengers to evade responsibility. Only on the basis of abiding by road traffic regulations, respecting the rights and interests of others, and reasonably sharing risks, can we realize the true value of goodwill and make road traffic safer, more civilized and greener.