The vehicle driven by a man in Xuzhou Ma drove into a non-motorized lane, causing 1 death and 7 injuries - this traffic accident case that occurred in Xuzhou City, Jiangsu Province in August 2023 has attracted social attention.
The scene of the incident.
Ma Mounan was found to be fully responsible for the accident, but the follow-up investigation of the case was unexpected.
Ma said that at the time of the crime, his head suddenly "buzzed", and then went blank and lost consciousness. A witness said that he saw Ma "lying on the steering wheel with his hands and head" before the crime.
At the scene of the incident, the woman who caused the accident was lying on the central control of the cab.
Although no abnormalities were found in the psychiatric examination, Ma Mounan was eventually forensically identified as being in a state of loss of consciousness at the time of the crime, losing the ability to recognize and control, and was assessed as having no capacity for criminal responsibility at the time of the crime.
The families of the dead and injured questioned the aforementioned judicial appraisal of the lack of evidence for Ma Mounan's alleged examination after he had jumped rope and fainted, and that he had migraine for many years, and did not mention that Ma Mounan was wearing white "slippers" at the scene, and accelerated after hitting someone. "This appraisal opinion is erroneous and should be overturned. ”
After the application of the dead and injured, the police have separately commissioned a forensic appraisal agency, and a re-appraisal is currently being conducted.
On March 19, 2024, Ma Mounan refused an interview with The Paper. The families of the deceased told The Paper that they "just want a convincing truth" to comfort the deceased.
The car involved in the accident drove into a non-motorized lane and hit 5 e-bikes
At 19:10 on August 2, 2023, a green BMW MINI turned left from Heping Road in Xuzhou City into Sudi Road and drove from north to south. After driving a few dozen meters along the left lane, the car crosses the right lane and enters the non-motorized lane, which is slow.
Soon after, the BMW MINI scraped the curb on the right side, then began to accelerate, and soon crashed into the first electric car......
Next, the BMW MINI became faster and faster, colliding with a total of 5 electric bicycles before hitting the signal light pole on the safety island at the intersection before stopping.
According to the later accident certificate, the accident caused one death and seven injuries. Among them, the electric car in which the deceased was riding crashed into a bus after being hit and out of control.
A video from the scene showed a woman in a blue overalls lying motionless, with blood on the ground next to her head. A man in blue overalls stood nearby, crying bitterly and calling for help. A woman with a bloody face leaning against a stone pillar on the safety island, not far from her, lay a child.
The front of the green BMW MINI car that caused the accident had been smashed, and the female driver who got out of the car was wearing a pair of white heelless shoes.
The woman wearing blue overalls mentioned above is the 46-year-old deceased Zhao Mouxue. Zhao Mouxue was working in a bank, and at that time, she was riding in a colleague's electric car and was returning to the unit to deliver materials together. The autopsy report showed a 6 cm x 1 cm contusion wound on his left occipital area, which was deep into the skull and showed a skull fracture.
"It's miserable. Lu Mouping, a bus driver, bluntly said that the accident had cast a shadow on him.
On the night of the incident, the traffic police detachment of the Xuzhou Municipal Public Security Bureau reported that the suspicion of drunk driving and drug driving was preliminarily ruled out.
According to the two judicial appraisal opinions made by the Judicial Appraisal Institute of Jiangsu Huaigong Vehicle Testing and Research Institute Co., Ltd. on August 4, 2023, the safety technical condition of the car involved in the accident was not abnormal, and the average speed of turning left from Heping Road into Sudi Road was about 34km/h, the average speed before colliding with the first electric vehicle was about 52km/h, and the average speed before colliding with the second electric vehicle was about 64km/h.
On August 16, 2023, the Quanshan Brigade of the Traffic Police Detachment of the Xuzhou Municipal Public Security Bureau made a road traffic accident determination: Ma Mounan drove a motor vehicle into a non-motorized lane, "improper operation, failure to ensure safe driving", which was the cause of the accident. In the accident, Zhang Mouwen, Gao Mouxi, Gao Mouhang, and Zhao Mouxue did not wear safety helmets, and Zhang Mou2 (carrying 12-year-old daughter Gao Mouxi and 7-year-old son Gao Mouhang) and Zou Mouhao (carrying Zhao Mouxue) had illegal carrying behavior, which was not the cause of the accident. Meng, Yan, and Lu had no traffic violations. According to the certificate, Ma Mounan is fully responsible.
Mr. Ma and his family members both applied for review. Ma's family said that Ma met the characteristics of a sudden and unpreventable disease. Mr. Ma said that (other) parties had the behavior of riding a bicycle with people and not wearing helmets, and they were also at fault, and they did not recognize the improper operation of their driving.
On September 13, 2023, the traffic police detachment of the Xuzhou Municipal Public Security Bureau maintained the original conclusion after review.
In order to seek the truth, Zhao's 82-year-old father hand-drew a map of the accident after on-site measurements.
Identified as "unconscious at the time of the crime"
On August 8, 2023, the Judicial Appraisal Institute of Nanjing Brain Hospital accepted the commission of the Quanshan Traffic Police Brigade to evaluate the "mental state and criminal responsibility ability at the time of committing the crime" of Ma Mounan, who was suspected of causing a traffic accident.
Five months later, on January 16, 2024, the Forensic Appraisal Institute of Nanjing Brain Hospital made an appraisal opinion concluding that Ma Mounan was "in a state of loss of consciousness at the time of the crime and incapable of criminal responsibility".
According to the appraisal opinion, Ma was born in 1982, has a technical secondary school culture, runs a dessert shop, and has no history of psychiatric treatment or major physical illness.
On August 3, 2023 (the day after the incident), Ma Mounan was examined and said that at about 18:30 on the day of the incident, he drove home, "After turning left from Heping Road and entering Sudi Road, my head suddenly buzzed, and then my brain suddenly went blank, but I vaguely remember that I stepped on the brakes, but the car did not completely stop, and I don't remember anything after that." On August 4, 2023, he was examined and said that he was unwell before the accident, which means "feeling flustered, dizzy, and soon unconscious".
Talking about his physical condition, Ma Mounan said that during the epidemic at home in 2022, when he was skipping rope outside the house, he fainted, "I was unconscious at that time", "I fell a bag on the back of my head", and was woken up by a neighbor on the second floor. Later, I went to the physical examination center for examination, and no abnormalities were found.
According to the "circumstantial evidence" section of the appraisal opinion, the eyewitness Zhang said that the car slowly leaned towards the non-motorized lane and almost squeezed him, so he looked back, "at that time her hands and head were lying on the steering wheel." He turned back to the left cab of the car, and just wanted to tap the door and ask what was going on, but the car didn't stop and continued to drive close to the curb.
Ma's mother said that she only remembered that in April 2021 (note: the original text of the appraisal opinion), her daughter fainted once when she jumped rope. Neighbor Mu Moumou said that his house lives on the 2nd floor, and Ma's man's house lives on the 1st floor. "I can't remember the specific month and date of 2022", when he was on the balcony, he heard a "plop" downstairs and saw Ma Mounan lying on the ground with a skipping rope in his hand. About a minute, Ma Mounan got up by himself, touched his head and went home.
The "mental examination" part of the appraisal opinion shows that Ma Mounan is conscious, contacts and cooperation, has appropriate emotions, answers to the topic, speaks clearly, analyzes and understands the problem correctly, there is no obvious abnormality in the form and content of thinking, and can complete life, study and work normally.
Ma said that he had a migraine for 3-4 years, occasionally it hurts once, sometimes it doesn't hurt for a few months, sometimes it hurts 2-3 times a month, when the headache is severe, he will nausea and vomit, "he will take painkillers", sometimes the pain is not serious, and he will be fine in a few hours. In the heart, there is sinus arrhythmia and bradycardia, and cardiac ultrasound is normal. Ma said that he had fainted twice, and behaved the same, no cramps, no urinary incontinence, and no injuries.
Mr. Ma claimed to have 17 years of driving experience, good driving habits, had not been insured for 17 years, and even violated very few violations (there have been 11 traffic violations so far in 2015, 8 of which occurred in 2015). The most serious accident is when you accidentally hit a pillar when you are reversing.
The appraisal opinion stated that after a psychiatric examination, "no abnormal mental manifestations of Ma Mounan were found".
In terms of "auxiliary examination", there was no abnormality in the electroencephalogram, and IQ was 96. Eysenck personality test: the personality is intermediate, no obvious psychotic characteristics, no obvious neurotic characteristics, no obvious tendency to disguise.
In the end, the appraisal opinion stated that a comprehensive analysis of the existing materials showed that Ma Mounan was in a state of loss of consciousness at the time of the crime, and his ability to identify and control was lost, and he was assessed as having no capacity for criminal responsibility at the time of the crime.
White heelless shoes became the focus of discussion among netizens, and the police re-identified them
"After the identification of the loss of consciousness at the time of the crime, Ma Mounan was released on bail. Zhao's family said.
The families of the deceased and injured were not satisfied with the above-mentioned appraisal opinion and applied for a new appraisal.
The family members questioned that the authenticity of Ma's self-report and witness testimony had not been verified. For example, for the statement that Ma Mounan fainted due to skipping rope, Ma's mother stated that it was April 2021, and Ma Mounan and his neighbors stated that it was 2022, and there was no evidence that Ma Mounan went to the hospital for examination after fainting due to skipping rope. In addition, jumping rope is a strenuous exercise, while driving is relatively quiet, and the environmental conditions are different between the two.
On March 19, the wife of Ma's male neighbor Mu Moumou told The Paper that Mu Moumou and Ma's mother were bank colleagues, but they have both been retired for many years. She assures with her personality that "what her husband says is true".
The woman was wearing white heelless shoes when she got out of the car.
After the incident, some netizens questioned the white heelless shoes worn by Ma. The families of the dead and injured pointed out that the situation was ignored by the appraiser, and the eyewitness Zhang said that Ma Mounan was lying on the steering wheel, but he did not know what he was doing, whether it was related to "slippers"?
Zhao's family said that the police said that according to Ma, she changed her right foot after wearing white "slippers" to get on the bus. After the incident, he changed the shoe on his right foot to a white "slipper" and later got out of the car.
However, the bus driver Lu Mouping told The Paper that after the incident, he had seen a pair of black women's high heels on the pedal of the co-pilot of the car that caused the accident, with a heel four or five centimeters high, and some white documents.
Judging from the perspective of a live video, after the incident, the left and right front doors of the car were open, and Ma Mounan, who had not yet gotten out of the car, was lying on the central control of the cab. At the co-pilot's footrest, there is a white airbag that pops out, and a shoulder bag is pressed on the airbag, and there are no shoes. It is impossible to determine if there are shoes under the airbag.
In this regard, Lu Mouping said that because of too much time, his memory has been a little blurred. He said that he had made two transcripts, but the police did not ask about the shoes, so he did not say anything.
There are many cameras on the road section where the incident occurred, and there are many witnesses at the scene. The families of the dead and injured believe that it should be possible to find out what happened to Ma Mounan in the car at the time of the incident, and whether he had changed his shoes after the incident.
They pointed out that the General Principles of Judicial Appraisal Procedures stipulate that the appraiser shall review the completeness and authenticity of the appraisal evidence provided, and may refuse the appraisal if the appraisal evidence is incomplete or untrue. It can be seen from the appraisal opinion that some key evidence, such as evidence of skipping rope and fainting, evidence of migraine for many years, evidence of "slippers", and the circumstances of speeding up after hitting someone, were not mentioned by the appraiser.
On March 19, Zhao's family told The Paper that the police had previously said that on March 20, they would take Ma Mounan to the Institute of Forensic Science and Technology Appraisal of the University of Law for re-identification.
Lives changed
After the incident, the bus driver Lu Mouping called the police, and then took a few photos of the bus according to the process. He said that about five minutes after the incident, he went to see Ma Mounan, who was sitting in the car, and "her expression looked a little remorseful."
Zhao's family said that accompanied by their lawyers, they had seen three videos. The main thing is that the car that caused the accident turned into Sudi Road, and there is also a short dashcam video of the car that caused the accident. The recorder video shows that at that time, the car that caused the accident was already on the non-motorized lane and almost hit Zhang, who rode an electric bicycle around the left side of the car, opening his mouth and "feeling like he was going to curse". Then, the car accelerated and hit the first electric car. After that, there was no clip of hitting Meng and others' electric cars, and then it was hitting Zhang Mou2 who was carrying two children, and then the video ended. There was no sound in the dash cam video, and they didn't see the video when Zhao Mouxue was hit, and they were also puzzled.
Because she is the fourth daughter of the eldest, Zhao Mouxue's family of four lives with her parents.
At 7 p.m. on weekdays, her parents had already prepared a meal and waited for her to come back. After the incident, Zhao's 82-year-old father did not enter a drop of water for three days. In order to seek the truth, the old man endured his grief, measured back and forth at the scene of the crime, and drew a map of the accident in combination with the video.
At the time of the crime, Zhao's daughter was 13 years old and his son was 6 years old. On Chinese New Year's Eve 2024, her daughter left a WeChat message to Zhao Mouxue "Mom, Happy New Year", which made the whole family cry. "The originally happy home is scattered. ”
Zou Mouhao, who was carrying Zhao Mouxue at the time of the crime, told The Paper that his injuries had healed, but the accident left a deep shadow on him. Thinking back to those images, he still couldn't face them.
The most seriously injured in the accident were the pair of siblings who were carried. Zhao's family said that the video of the car dashcam that caused the accident showed that after a child was hit, he flew to the front windshield, and the glass cracked into a spider web.
The Paper contacted the siblings' father, who said it was inconvenient for him to be interviewed.
Meng, 32, was diagnosed with cervical spinal cord injury, sacral 3 adnexal fracture, traumatic subarachnoid hemorrhage, etc. His head injury and sacral 3 fracture were both identified as minor injuries of the second grade.
"My sister was riding an electric car, and the handlebars were knocked together, and if they got into their bodies, the consequences would be unimaginable. Meng's sister told The Paper that after her sister was discharged from the hospital, she was unable to go to work due to sequelae, "She is still recovering, because she can't sit for a long time, she needs to lie down, and her mood is also very unstable."
The Paper called the police officers handling the case several times, but the calls went unanswered.
On March 19, Ma Mounan confirmed to The Paper that the accident would be re-evaluated. Regarding the details of the accident, Ma Mounan closed the door after saying "I don't want to talk to you" four times in a row.
"Someone advised us to deal with it as soon as possible and let it go. Zhao's family told The Paper that they only wanted a "convincing fact" to comfort the deceased. As a loved one, you can come out of your grief. (Surging News reporter Chang Yi)