In the dead of night, defenseless
A 4-year-old boy was hit by an electric car and his skull shattered
The boy's life hangs by a thread
The driver was nowhere to be found
What's the secret behind it?
Suspected of drunk driving? Suspected of hit-and-run?
Whether an electric vehicle accident constitutes a traffic accident
Why the heated debate?
Can the boy's skull be repaired?
How to recover the 2.7 million compensation?
"Gold Medal Lawyer Group" tells you -
Crushed skull
The client of this issue of "Gold Medal Lawyer Group" is Mr. Li from Guangdong, and the 4-year-old boy lying on the hospital bed in the picture is his son, the child not only has a collapsed skull, half of his body is hemiplegic, and his intelligence has also been damaged to a certain extent.
Why did a lively and healthy 4-year-old boy become like this? It all started with a traffic accident that happened in the middle of the night.
At around 11 p.m. on November 19, 2023, Mr. Li was crossing the road with his son, when an electric car suddenly came speeding from behind, and the powerful impact knocked his 4-year-old son more than two meters away, and the child fell to the ground hard.
Mr. Li said that the incident occurred on a small road, and when he crossed the road, he deliberately looked at the road conditions and made sure that there was no car in sight, so he called the child to cross the road. Mr. Li emphasized that electric vehicles appeared suddenly and at a high speed.
Mr. Li said that there were two people on the electric car, the driver of the electric car was a man, his wife was also present, and both of them were unharmed, only his 4-year-old son was hit and flew out.
After the incident, the driver briefly checked the situation, and then said that he would send the car home first, and his wife would handle the rest, and then disappeared into the night.
Mr. Li was in a hurry to confirm his son's situation and did not pay attention to the driver who caused the accident. He checked his son's whole body, and then felt a hole in the back of his son's head, and Mr. Li immediately took his son to the hospital.
After being diagnosed by the hospital, the child was diagnosed with a cerebral contusion and a depressed fracture of the skull, and his condition was very critical and his life was in danger at any time. The hospital immediately performed a craniotomy on him.
The craniotomy lasted all night from just over 1 a.m., and at 3 or 4 a.m., the doctor came out of the emergency room to inform Mr. Li and his wife that they were mentally prepared for the possibility of the child's death.
Mr. Li said that when he and his wife heard this, they were in despair.
Luckily, the child survived the operation.
After the craniotomy, the child was admitted to the intensive care unit for observation. When the doctor showed Mr. Li the skull that had been stripped from the child's head, Mr. Li was heartbroken.
In the intensive care unit, Xiao Peijun continued to be in a coma for 32 days, and finally survived, but the impact caused his skull to collapse, half of his body was paralyzed, unable to move, and he was unable to take care of himself, and his intelligence and memory were damaged to a certain extent.
After the child's condition was stabilized, Mr. Li applied to the judicial authorities for a medical evaluation. The result of the evaluation was a depressed fracture of the skull caused by trauma, and the son's injuries were comprehensively assessed as serious injuries of the second degree.
What made Mr. Li and his wife extremely angry was that while their 4-year-old child was struggling on the line of death, the driver who caused the accident disappeared.
The driver claimed to have returned immediately after returning home to deliver the car, but he lost contact after leaving, and the driver's wife called him and the phone was turned off. Seeing this, Mr. Li immediately called the police.
It was not until the afternoon of the second day of the incident that the driver of the accident went to the public security bureau to turn himself in, and the police immediately detained him in accordance with the law.
Although the driver fled the scene after the incident, leaving his wife to deal with the aftermath, the traffic police department determined that the driver had escaped after the accident and should be fully responsible for the case, and the electric car that caused the accident was also identified.
The electric vehicle was identified as having a maximum speed of 24 km/h, a maximum design speed of 25 km/h, and a weight of 54.85 kg, with traces of alteration.
Mr. Li said that at the time of the incident, he smelled a strong smell of alcohol on the driver who caused the accident and saw that his face was flushed, but at that time he was in a hurry to confirm his son's condition and did not pay so much attention to it.
After the incident was reported to the police, surveillance showed that before the incident, the driver and his wife were traveling with a friend, and the driver's friend was holding a box of finished wine in his hand.
Mr. Li believes that the driver who caused the accident disappeared under the pretext of sending the car home, and only turned himself in the next day in order to sober up and escape the crime of drunk driving.
On November 21, 2023, the police tested the driver for ethanol in his blood, and this report showed that no ethanol was detected in the blood sent for testing.
However, the day of the test was already the third day of the incident, and the alcohol test results could not prove whether the driver was drinking alcohol at the time of the incident.
At present, the case has been transferred to the People's Procuratorate of the Second District of Dongguan City, Guangdong Province, but to Mr. Li's surprise, the procuratorate finally rejected the prosecution application on the grounds of insufficient evidence, and the driver who caused the accident, Chen Moumou, has also been released on bail pending trial on March 12, 2024. Faced with such a situation, Mr. Li's family could not understand it, let alone accept it.
After the incident, the whole family's focus was on the children, and Mr. Li's family had to stop working to take care of the children, which was undoubtedly worse for this family, which was not wealthy. Not only did Mr. Li's family spend all their savings due to the high medical bills, but he also sold his house and car, and even went into debt.
The reporter of "Gold Medal Lawyer Group" interviewed the child's attending doctor. The doctor said that first of all, it is impossible for the child to be completely cured, and the child is basically a hemiplegic and intellectually impaired person, and it is basically impossible to completely cure it. In addition, the child will need to receive long-term treatment and rehabilitation in stages. The degree of recovery of the child depends on the demands and efforts of the family, and if you want to recover better, you need more energy and more money.
Since the incident, the child's medical expenses have cost more than 700,000 yuan. And the future rehabilitation will also need a lot of financial support.
Mr. Li said it was a bottomless pit.
However, since the incident, the perpetrator has only paid 30,000 yuan in advance, and then refused to communicate and has no contact.
An unprovoked disaster caused irreversible damage to a lively and healthy child. The traffic accident ruined not only the life of a 4-year-old boy, but also the entire family.
Mr. Li believes that the driver who caused the accident is not only suspected of escaping and evading responsibility for drunk driving, but also has no willingness to pay compensation, and no matter what he thinks, he should be punished more heavily.
Mr. Li came to the "Gold Medal Lawyer Group" for help, and his appeal was very clear, he wanted to investigate the criminal responsibility of the perpetrator and compensate the child for medical expenses of 2.7 million yuan.
Focus Question 1
The driver found an excuse to leave at the time of the incident, leaving his wife at the scene, and he surrendered to the police the next day.
In this case, will the circumstances of voluntary surrender be recognized, and will it have an impact on the characterization of the case?
Focus Question 2
Mr. Li's testimony and the footage in the surveillance showed that the driver was suspected of drunk driving. However, an alcohol test done only three days after the incident could not confirm the blood alcohol level at the time of the incident.
In the absence of key evidence, is there any other way to confirm the suspected drunk driving of the driver who caused the accident?
Focus Question 3
Whether the vehicle involved in the accident is a motor vehicle or not, and what is the legal criterion for determining whether it is a motor vehicle?
If the vehicle involved in the accident is a non-motor vehicle, can the case not be recognized as a traffic accident?
What impact will the presence of modification marks on the vehicle involved in the accident affect the characterization of the case?
Focus Question 3
What is the difference between traffic accident and traffic accident?
How is the case characterized, and is there any lack of evidence?
Is it possible for the driver who caused the accident to be held criminally liable?
Legal Tips:
Where a traffic accident causes serious injury to one or more persons and bears full or primary responsibility for the accident and has any of the following six circumstances, it is to be convicted and punished as the crime of causing a traffic accident.
Just tonight, Liaoning Satellite TV
On the path in the dead of night
A 4-year-old boy was hit by an electric car and his skull shattered
First "escape", then "turn yourself in"
Was the driver involved in the accident suspected of drunk driving?
Does an electric vehicle accident constitute a traffic accident?
The huge medical expenses cannot be afforded
How can family members recover compensation?
Is there any light for boys?
Tonight at 21:10, Liaoning Satellite TV will pay attention to it
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