The "hitchhiker" of the exam met and drove to the test
Accidentally in a car accident, one person was seriously injured
Should the student who drives the car be fully responsible?
Recently, Zhuhai City, Guangdong Province
The Xiangzhou court concluded the first case in Zhuhai
"Good intentions ride" car accident resulting in injuries
The court has the discretion to reduce the defendant's liability by 40 per cent
Facts of the case
Xiao Wang, Xiao Shi and Xiao Chen are college classmates, and the three of them signed up for the same exam. Because the test center is outside the school and the distance is a little far, the three test "partners" plan to rent a car to go to the test room.
On the day of the exam, Xiao Wang drove a shared car, picked up Xiao Chen and Xiao Shi, and drove to his destination. However, the vehicle drove not far away, and due to Xiao Wang's careless driving, the vehicle slammed into the lamppost, causing injuries to three people in the car, and the vehicle and the lamppost were also damaged.
Xiao Chen was seriously injured and was immediately taken to the hospital for treatment. Xiao Chen was admitted to the hospital and diagnosed severe head injury, multiple skull fractures, subarachnoid hemorrhage, right optic nerve canal fracture, chest injury, and multiple organ dysfunction. After being discharged from the hospital, Xiao Chen was transferred to three hospitals in Zhuhai and Guangzhou to continue treatment, and was hospitalized for a total of 98 days, spending a total of more than 419,400 yuan in medical expenses. It was determined that after Xiao Chen's surgical treatment, the skull and right eye constituted a Grade 10 disability.
Xiao Chen believes that the traffic accident caused serious personal and property damage to himself, and the "Road Accident Identification Letter" issued by the traffic police department determined that the driver Xiao Wang did not drive safely in accordance with the operation specifications and assumed full responsibility for the accident, and Xiao Wang should pay him a total of more than 592,600 yuan for medical expenses, disability compensation, and mental damages.
Faced with Xiao Chen's claim, Xiao Wang was full of grievances. The three of them were classmates, but because of their good relationship, they rented a car to take the exam together for convenience, and they didn't expect to have a car accident. It is good to be a free driver to carry classmates, there is no intentional retaliation, frame-up, etc., and I have already paid part of the medical expenses, and I have to bear all the responsibility by myself, which is unreasonable. What's more, Xiao Chen's serious injuries are mainly due to his own reasons. On the day of the accident, Xiao Chen sat in the back seat, and as soon as he got into the car, he only cared about playing with his mobile phone, turning a deaf ear to the reminder to fasten his seat belt, and suffered serious injuries.
Who should "pay" for the accident?
After trial, the Xiangzhou court held that the plaintiff Xiao Chen and the defendant Xiao Wang were classmates, and they agreed to rent a car together to go out for the test, jointly bear the cost of renting a car, and formed a contractual relationship with the car rental company for paid services, but internally, the defendant Xiao Wang drove the vehicle based on the friendship between the three of them, performed the affairs free of charge, and did not charge any additional fees to the classmates, so in the absence of a clear allocation of responsibilities in advance, and there was a high risk of such behavior, it should be determined that a goodwill relationship was formed between the driver, the defendant Xiao Wang, and the passenger, the plaintiff Xiao Chen.
Although the Road Accident Determination affirms that the defendant Xiao Wang bears full responsibility for the accident, the determination of liability is not completely equivalent to civil legal liability for compensation, and the degree of fault of the perpetrator needs to be comprehensively determined in light of the actual circumstances of the case and in accordance with the principle of attribution of responsibility in civil litigation. Defendant Xiao Wang was certainly at fault in the matter of plaintiff Xiao Chen's injury, but it was not intentional or grossly negligent, and plaintiff Xiao Chen's claim that he bear full liability for compensation violated the principle of fairness in civil activities and the principle of consistency of rights and obligations, and according to the provisions of the Civil Code, defendant Xiao Wang's liability for compensation should be reduced. Comprehensively considering the specific circumstances of the case when taking the ride in good faith, the facts of the accident, and the defendant Xiao Wang's behavior of taking part of the responsibility on his own initiative, etc., his liability for compensation was reduced by 40% as appropriate.
After accounting, the total losses incurred by the plaintiff Xiao Chen due to the personal injuries involved in the case were more than 546,900 yuan, deducting the part that had been settled by the insurance and the part that the defendant Xiao Wang had advanced, and the defendant Xiao Wang also had to pay more than 287,100 yuan for medical expenses, disability compensation, and mental damages.
After the first-instance judgment, neither party appealed, and Xiao Wang took the initiative to fulfill his obligation to pay compensation.
What the judge said
Kindness refers to the friendly behavior of drivers who carry others or allow others to ride without compensation based on goodwill mutual assistance or friendly assistance, which is of positive significance for maintaining harmonious interpersonal relationships, promoting the formation of a social atmosphere of mutual assistance and friendship, and advocating green travel.
The mutual help, solidarity and friendship between Xiao Wang and his classmates is a direct embodiment of carrying forward the core values of socialism and is worth advocating. However, free help is not a reason for exemption, the driver still has the obligation to protect the safety of the passenger's life and property, and should pay careful attention during the whole driving process, protect the life and health safety of himself and the passenger, and do not let good things become tragedies.
Source: Xiangzhou Court ID: xiangzhoufayuan, transferred from the WeChat public account of People's Daily Online