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The woman was run over and died while lying on the road drunk
In the early morning of October 2022, a drunk woman was lying on Chenyi Highway in Chongming, Shanghai, and was run over by an oncoming vehicle.
The woman who was drunk on the road was Miss Ai, and before the incident, she was partying at a local KTV. At midnight, Ms. Ai and her friend Mr. Zhao were helped out by the staff. Their friend Mr. Shen happened to see this situation and, out of kindness, drove the drunk Mr. Zhao and Miss Ai home.
At around 07:00, Mr. Shen drove to Chenyi Highway, and at a T-junction not far from Mr. Zhao's house, Ms. Ai said that she wanted to vomit, so Mr. Shen stopped the car. After Ms. Ai and Mr. Zhao got out of the car, they motioned for Mr. Shen to leave.
Mr. Shen thought that the two drunk men had sobered up a little, so he drove away. However, no one expected that two minutes after he left, the drunken Miss Ai would lie down in the middle of the road and fall asleep, while Mr. Zhao sat next to her.
At this time, a passing car failed to brake and ran over Miss Ai, causing Miss Ai's death.
The traffic police determined that they were not responsible, and the person who gave it away was still compensated
The traffic police conducted an investigation into the accident in which Miss Ai was hit, and determined that the deceased, Miss Ai, was primarily responsible, and that the driver who hit the person was too fast and was secondarily responsible, and Mr. Shen had nothing to do with the accident.
However, after the family of the deceased investigated the responsibility of the driver who caused the accident and received a million yuan in compensation, they filed another complaint and took Mr. Shen to court.
On April 17, 2024, the Chongming District People's Court opened the first trial, and Mr. Shen appeared in court as the defendant, and he sat in the defendant's dock with him, as well as the agent of the KTV company. Miss Ai's family claimed more than 750,000 yuan from the two defendants.
Mr. Shen could not accept the claim from the family of the deceased, arguing that he had fulfilled his obligations as both a driver and a friend, and that the deceased's death was caused by her own drunkenness and had nothing to do with him. The KTV agent said that the traffic accident occurred after Miss Ai left the KTV, and Miss Ai did not have any accidents during the KTV consumption. Therefore, the plaintiff's claim is unfounded.
After on-the-spot investigation, the judge found that the road surface of the accident section was smooth and the place where Ms. Ai got off the car was not far from her destination. The judge held that Mr. Shen's actions were bona fide rides, and in order to protect the bona fide actors, the judge rejected all the plaintiff's claims, and Mr. Shen did not need to pay compensation.
User Comments:
Some netizens think that putting drunk people on the side of the road is somewhat ill-considered.
@未知数: I think the friend who gave it away is responsible, and there is a danger in sending two drunk people to the side of the road. It's well-intentioned, but it's not well thought out, and good things turn into bad things.
@马克丝: Send drunk people or send them home, I was drunk before, lying outside, fortunately I was called up by the takeaway brother.
Some netizens said that they agreed with the court's judgment and that people in good faith should be protected.
@陆锡鑫: The court's judgment is correct, and it is indeed unfortunate that the person died, but it cannot be used as a reason to slander people.
@绿色家园: The law is fair, and malicious accusations are also subject to legal responsibility. In this case, the well-wisher did not anticipate what would happen to the drunk person next, and at best he was inexperienced. You can't be held accountable for doing good deeds but not expecting the results.
@田园: It is too correct and important to uphold good faith, otherwise some people will claim compensation from others if they accidentally act and have an accident.
@灿-Sandy: The judge's decision is fair, otherwise the phrase "helpful" will fade from our vision in the future, and no one will dare to do it.
[Media Comments]
Drunk woman was run to death, and she can't blame the well-intentioned "returnee"
In this regard, The Paper commented and pointed out:
Mr. Shen in this incident was not a co-drinker, he was just a friend of Miss Ai and Mr. Zhao, and when they were drunk, they offered help out of the kindness and enthusiasm of the friends. Therefore, Mr. Shen has no legal obligation to be a co-drinker.
So, will Mr. Shen drive the two home with a new legal obligation due to this "pre-act"? Of course. As a driver, it is necessary to strictly follow the traffic laws and ensure the safety of fellow passengers as much as possible during driving. However, it should be noted that this legal obligation is not "unlimited liability" and cannot be put on the platform.
According to the Civil Code, "if a traffic accident involving a non-operating motor vehicle causes damage to a gratuitous passenger, and the liability of the motor vehicle party is the responsibility of the motor vehicle, its liability for compensation shall be reduced, except where the user of the motor vehicle is intentional or grossly negligent". This means that as long as the driver is not "intentional" or "grossly negligent", even if the accident occurs, the liability should be mitigated; If there is no fault, of course, there is no responsibility.
The simple purpose of the legislation is to protect good citizens and uphold the social values of helping others. A healthy and civilized society should be a collection of citizens who watch over and help each other. In real life, a citizen who stands up to help others out of good intentions is inherently worthy of encouragement and recognition. If something happens to the person being helped, the person who stands up needs to bear unlimited liability for compensation, and how can more citizens be inspired to save for good?
Returning to this incident, the loss of young and precious lives is certainly worthy of sympathy, but it does not mean that others can be arbitrarily blamed for it, and the good public will pay for it.
The traffic police department has long determined that I am primarily responsible for alcoholism, and that passing cars are secondarily responsible, which is the basis for determining the score and ending the dispute.
For well-meaning returnees, from a legal point of view, there is no fault; Nor should there be any responsibility. The judge's fair judgment restored the truth, clarified the context of right and wrong, and defended the hearts of the people.