Red Star journalist Luo, courtesy of the interviewee
Editor Pan Li Yu Dongmei
More than four months ago, a traffic accident occurred on the North Outer Ring Road in Manzhouli City, Inner Mongolia Autonomous Region. A small off-road bus carrying 7 people rolled over out of control and collided with the central isolation guardrail, causing 2 deaths and 5 injuries. Afterwards, the local traffic police believed that the cause of the accident was that Lei Mou, the driver, failed to drive safely and speeding according to the operating rules, and should bear all the responsibility for the accident.
"At that time, there was very little traffic and the road was very uneven. In order to avoid a stone, I quickly turned the steering wheel to the right, but it was too late. The car also rolled to the right, and after two or three laps, it reached the opposite side of the road. I don't know how to open the door, someone was thrown out. " According to the driver Lei Mou, she and two other friends had just come out of the scenic spot with four children, and under the guidance of mobile navigation, they drove to the 700-meter section on the east side of century avenue North Road and North Outer Ring Road in Manzhouli City. There were many potholes and gravel along the way, which caused the car to bump all the time.
Manzhouli City Transportation Bureau replied that the incident road section was not a construction road section, nor was it a road section under its jurisdiction. Hulunbeier Highway Administration, the original storage unit, has given it up, and the storage and specific responsible unit are not clear. In this regard, Lei believes that the cause of the accident is that the road section is in a state of unmanned management and maintenance, which makes the road surface uneven after being damaged, which in turn leads to traffic accidents.
Hulunbeier City Transportation Bureau replied to the reporter that the road section involved is not the maintenance section that its unit is responsible for, and should be managed by Inner Mongolia Highway Traffic Investment Co., Ltd., but the reporter repeatedly called Inner Mongolia Highway Traffic Investment Co., Ltd. but no one answered. 65438+10.4, the relevant staff of Manzhouli Transportation Bureau responded that the custody of the accident section and the specific responsible unit are still unclear.
Regarding the determination of the responsibility related to this accident, the lawyer said that Lei did not fulfill his duty of careful driving, and there was a certain fault in the traffic accident caused by too fast speed; If the relevant warning signs are not set on the abandoned road sections, the highway management department fails to fulfill the necessary safety warning obligations and should bear part of the responsibility for the accident. The specific responsibility should be divided according to the fault degree of the owner and the highway management department.
Photo taken by Mr. Xu after the accident.
The tragedy of the journey
Driving on the "abandoned road" after driving on the road, causing two deaths and five injuries.
In mid-July, 2022, at the invitation of a friend, Mr. and Mrs. Lei flew to Manzhouli City, Inner Mongolia Autonomous Region, with their daughter Xu Cong 'an, aged 14. There are three other parent-child families with them, a group of nine people. Here, they started a nearly 10 day trip to road trip.
"At about 4 pm on July 22, my friend Wang brushed an attraction near the hotel on his mobile phone and suddenly proposed to take the children to see it." Lei told the Red Star journalist that they were resting at the hotel. After Wang put it forward, she and Tang got on the bus with their children, arrived at their destination about half an hour later, and drove back after playing for 30 minutes.
Lei said that this is their first time here, and they have been using mobile navigation. On the return trip, the navigation did not follow the original road, but gave another way. Lei also said that the road conditions were normal in the early stage of the return trip, but when the car turned a corner in a certain section, the road surface was obviously "broken". There are not only many potholes, but also many gravel blocks, and the wheels will also bring a lot of dust and smoke, which will interfere with the front view. "Almost in front of me, I saw a stone the size of a paper towel bag in front. To avoid it, I turned the steering wheel to the right, but it was still too late. The car also rolls to the right. After two or three times, we reached the other side of the road. The door didn't know how to open, and someone was thrown out. "
The first road traffic accident certificate issued by Manzhouli City Public Security Traffic Police Brigade shows that on July 22, 2022 18: 00, Lei Mou drove a small off-road bus speeding from east to west along the North Outer Ring Road, and drove to 700 meters east of the intersection of Century Street North Road and North Outer Ring Road in Manzhouli City. Due to improper operation, the vehicle lost control and rolled over, hitting the central isolation belt, causing Wang and Xu to die on the spot.
Write the first road traffic accident certificate issued by Manzhouli Public Security Traffic Police Brigade.
The investigation team believes that the cause of the accident is that Lei was negligent in driving a motor vehicle on the road and did not drive safely according to the operating specifications; Leimou drives a motor vehicle at a speed limit. Therefore, it is considered that Lei's behavior violated the relevant regulations, and serious faults should bear all the responsibilities of the accident.
"This car is borrowed from a friend. There is no driving recorder inside, and the accident section is not monitored. " Lei's husband, Mr. Xu, told reporters that although he rushed to the scene after the incident, the traffic police had blocked the scene because of darkness, so he didn't get much information, so he and his friends returned to the scene again the next day.
The site photos provided after the accident show that there are indeed many obvious potholes and many small gravel blocks in this section. At the same time, when the vehicle passes through this section, it can be clearly seen that the vehicle has great ups and downs and bumps, and there is obvious dust flying on the road surface after driving.
Photo taken by Mr. Xu after the accident.
Questioning the management and protection of the road section, Mr. Xu applied to Manzhouli Municipal Transportation Bureau to disclose the relevant information of the accident road section, but was surprised to learn that the road section had not been managed before. In a reply statement 165438+ issued by Manzhouli Municipal Transportation Bureau on June 4, 2022, the reporter saw that the bureau said that the section 700 meters east of century avenue North Road and North Outer Ring Road in Manzhouli City was not under the jurisdiction of the Municipal Transportation Bureau. And after knowing the non-construction section of this section from many aspects. Due to the reconstruction of G 10 Suiman Expressway, intersections and high-speed ramps will be built in front of 202 1 this section. The contractor and Manzhouli Traffic Management Brigade apply for setting deceleration signs and construction signs in advance. The original maintenance unit Hulunbeier Highway Administration gave up maintenance. The Bureau has repeatedly communicated with Hulunbeier Transportation Bureau and Inner Mongolia Highway Traffic Investment Co., Ltd., the construction unit of Suiman expressway, on the problem of unmanned maintenance of this section of highway, and both units denied that this section of highway was maintained by it. At present, the custody of this section and the specific responsible unit are not clear, and it is not within the jurisdiction of our bureau, so it is impossible to disclose the corresponding information according to the application.
↑ Manzhouli City Transportation Bureau gave an official reply on the relevant situation of the involved sections.
Family members questioned
Why can roads that do not have normal driving conditions pass?
It is understood that after the accident, the daughters of Wang and Lei sitting in the back row died on the spot and several others were injured. "The child is 14 years old. It is as big as a flower. I want to take her out to play. And we are friends. " Mr. Xu said that after dealing with the children's affairs, his main energy was to seek the understanding of the Wangs and find the relevant responsible units of the accident section. "I am the only one in the family who makes money. It is really unbearable to bear such huge compensation."
"This is our responsibility, we will not escape. But since this road is abandoned in expressway, that is to say, no one is in charge, who will be responsible for the accidents caused by the problems of this road? Moreover, there are hidden dangers that cause traffic accidents on this road at present, and there are no obvious warning signs around it. Why can you still pass? " Mr. Xu also said that they did not recognize the appraisal results issued by Manzhouli Public Security Traffic Police Brigade. "Not only is there an error in determining the cause of the accident, but there is also an improper division of responsibilities."
Mr. Xu said that during the on-site investigation, it was found that the road section was unfinished and no warning signs were seen on the road. "This road is obviously paved with a water-stable layer in the process of road construction, and the main materials of the water-stable layer are graded macadam and cementitious materials. The graded macadam pavement is very likely to cause risks such as vehicle rollover and abnormal braking. The road at the scene of the accident belongs to the national highway. Due to the large traffic volume, it has caused great damage to the water-stable layer, resulting in uneven roads and gravel everywhere. " For the main reason of this situation, Mr. Xu believes that the accident road section is in a state of unmanned management and maintenance.
In addition, Mr. Xu also said that he did not recognize the conclusion of the expert opinion entrusted by the traffic police to Heilongjiang Junbo Traffic Accident Judicial Appraisal Center on Lei Speeding.
Mr. Xu told reporters that according to his understanding, the causal relationship of traffic accidents refers to the direct causal relationship that leads to accidents or the expansion of accident consequences. "At that time, Lei didn't take drugs, didn't drink, didn't have a license, and the car itself didn't have mechanical problems. It belongs to normal driving. It was only because there were serious safety hazards on the road in the incident section that the tragedy occurred, which was the main cause of the accident. "
Soon, Mr. and Mrs. Lei applied to Manzhouli Public Security Traffic Police Brigade for reexamination. However, their final conclusion is still that Lei takes full responsibility. The latest Certificate of Road Traffic Accident issued by Manzhouli City Public Security Traffic Police Brigade shows that when speeding to the incident section, the right front wheel came into contact with the strip stones left on the road, causing the vehicle to run out of control and crash into the central isolation guardrail, throwing out members Wang and Xu who were not wearing seat belts, causing Wang and Xu to die on the spot, injuring five others, and damaging the isolation belt and the vehicle.
After applying for review, Manzhouli City Public Security Traffic Police Brigade once again issued the "Certificate of Road Traffic Accidents".
104, 65438, Red Star journalist contacted Manzhouli Transportation Bureau about the related issues involved in the above incident. Relevant staff said that there is no clear management and specific responsible unit for the accident section. "At the beginning, this section was managed by Hulunbeier Transportation Bureau. Later, G 10 Suiman Expressway was rebuilt, and Inner Mongolia Highway Traffic Investment Co., Ltd. was the construction unit. " If personal property and life are lost due to problems such as maintenance or construction of this section, the staff suggest to find the competent department of the industry to investigate the responsibility. "That road is a national highway. At present, the competent department of national and provincial trunk industries in Inner Mongolia is Hulunbeier Transportation Bureau."
At the same time, the relevant staff of Hulunbeier Transportation Bureau also replied to the reporter that the road section involved is not the maintenance road section that its unit is responsible for, but should be managed by Inner Mongolia Highway Traffic Investment Co., Ltd. "As long as it is our road section, there will be road maintenance workers and snow sweepers on the road every day. Inner Mongolia Highway Traffic Investment Co., Ltd. is a consortium of construction, management and transportation, but their company is not under our control and is directly under the control of Inner Mongolia Autonomous Region. "
However, the reporter repeatedly called Inner Mongolia Highway Traffic Investment Co., Ltd., and no one answered the phone.
Photo taken by Mr. Xu after the accident.
Lawyer's view
The original highway maintenance unit should bear certain liability for compensation.
According to Article 32 of the Road Traffic Safety Law of the People's Republic of China, if it is necessary to occupy or dig roads, or erect or add pipeline facilities across roads, the consent of the road authorities shall be obtained in advance; If traffic safety is affected, the consent of the traffic management department of the public security organ shall also be obtained. The construction unit shall carry out construction work within the approved road section and time, and set up obvious safety warning signs at the safe distance in the direction of incoming vehicles at the construction site and take protective measures; After the completion of the construction work, the obstacles on the road should be quickly removed to eliminate potential safety hazards, and the traffic can be resumed only after the road authorities and the traffic management department of the public security organ have passed the acceptance and met the traffic requirements.
Then, who will take care of the unmanned abandoned roads, whether the abandoned roads with potential safety hazards or no traffic conditions can be opened to the outside world, and whether the ultimate maintenance unit of the abandoned roads should bear the responsibility in the above accidents? In response to this series of questions, Red Star journalists specially consulted two professional lawyers.
"Hulunbeier Highway Administration, as the original custodian, should continue to perform its management duties if it fails to negotiate with the local government and its land and resources departments for the transfer of property rights after the road is abandoned." Lawyer Fu Jian, director of Henan Jinze Law Firm, told the reporter that according to the relevant provisions of the Regulations on Highway Management, no matter which unit is responsible for highway maintenance, highway signs should be updated and maintained in time during the maintenance process to ensure the safety of highway use. Roads that do not meet the traffic conditions shall be closed in time.
Lawyer Fu Jian said that if the abandoned roads are seriously damaged, do not meet the traffic conditions or have major safety hazards, they should be handed over to the local government in time to eradicate the abandoned roads and carry out greening or repair according to local conditions. Continue to open operation, the management unit shall set up necessary warning signs and obvious signs to inform the owner that the road section is in an abandoned state and remind the owner to drive carefully.
In addition, regarding the identification of the responsibility related to this accident, Fu Jian said that according to the "Road Traffic Accident Identification Letter" issued by the traffic police twice, Lei did not fulfill his obligation to drive carefully, and there was a certain fault because of the excessive speed. "If the relevant warning signs are not set on the road section, the highway management department fails to fulfill the necessary safety warning obligations, which leads Lei to know that the road section has been abandoned and it is impossible to predict the safety hazards existing in the road section. Therefore, the management department of expressway should bear part of the responsibility for the accident. " However, the division of specific responsibilities needs to be based on the fault degree of the owner and the management department of expressway.
Tan, a lawyer of Beijing Law Firm, also said that in this case, the cause of the traffic accident in Lei also had road quality problems. "If, according to Mr. Xu, there are safety hazards in the involved sections, and the delivery standards are not met and warning signs are not set, then there is a causal relationship between the road safety hazards and Lei's traffic accidents, so it is unfair for Lei to take full responsibility."
"At present, Lei's traffic accident is due to potential safety hazards on the road. Then, for Lei's loss, the Hulunbeier Highway Administration, the original highway maintenance unit, can be required to bear certain liability for compensation. " Lawyer Tan said that since administrative reconsideration can only be conducted once, if he still refuses to accept the responsibility appraisal book after reconsideration, Lei can only try to overturn the accident responsibility appraisal book through evidence, instead of bringing an administrative lawsuit against the accident responsibility appraisal book alone. The accident liability appraisal is only the investigation report of the traffic police department that filed the case according to law, and it does not directly dispose of the property and rights of both parties, so he can't file an administrative lawsuit. "It is suggested that Lei directly sue the Hulunbeier Highway Administration and ask it to take responsibility for its own losses.