After the car accident, the police stopped to rescue the wounded, but did not set up warning signs, which led to a series of car accidents, killing two people. 10 On the morning of June 20, the Intermediate People's Court of Qujing City, Yunnan Province made a final judgment on this case, maintaining 60% of the death loss of the deceased Ms. Guo, that is, more than 60,000 yuan. The third-party insurance company shall be responsible for the Santana car driven by Li in proportion within the insurance limit of 6,543,800 yuan, and the rest shall be jointly compensated with Mr. Zhu, the owner of the car driven by Li, within the scope of the deceased Li's estate. 20% of Ms. Guo's death loss, that is, more than 20,000 yuan, shall be borne by the third-party insurance company in proportion within the insurance limit of 50,000 yuan for the accident truck, and the rest shall be jointly compensated by the driver Mr. Yang and the company to which the vehicle belongs; 20% of Ms. Guo's death loss, that is, more than 20,000 yuan, shall be borne by the third-party insurance company according to the insurance limit ratio of 65,438+10,000 yuan for the mini-car involved in the rear-end collision accident, and the rest shall be jointly compensated by Mr. Wen, the driver of the accident, and Mr. Lan, the owner of the vehicle. On February 22, 2006, at 65438, Li drove all the Santana cars owned by Mr. Zhu from Qujing city to Kunming. At 8 o'clock in the morning, when Li was driving to Qulu Expressway, he collided with a heavy truck driven by the defendant Mr. Yang in the same lane ahead. After the accident, Mr. Yang immediately got off the bus and stopped to rescue the wounded, but failed to set warning signs as required. Subsequently, the mini-car driven by Mr. Wen crashed into the tail of Santana, causing Santana driver Li and passenger Guo to die on the spot. After the accident, it was confirmed by the traffic accident certificate that Li was negligent in driving a motor vehicle in foggy days and failed to ensure safety, which was the main reason for the accident; After driving a motor vehicle on the expressway, Mr. Yang called the police and stopped to rescue the wounded, but failed to set warning signs as required, which was the secondary cause of the accident. Mr. Wen's negligence in driving a motor vehicle with unqualified braking technology in foggy days and his failure to ensure safety are the secondary reasons for the accident; Ms. Guo, a Santana passenger, has no illegal behavior and does not bear the responsibility for the accident. At the same time, the court found that Ms. Guo, born in 1936 and 12, was an agricultural population before her death, and the funeral expenses, death compensation, lost time and spiritual comfort totaled more than1/0000 yuan; The owner of the Santana car driven by Li is Mr Zhu. The insured amount of the car is 20,000 yuan for driver accident insurance and 80,000 yuan for passenger accident insurance. The truck driven by Mr. Yang is affiliated with a company in Kunming, with a monthly service fee of 120 yuan and an automobile third party liability insurance of 50,000 yuan; The owner of the mini-car driven by Mr. Wen is Mr. Lan, who lent it to Mr. Wen for use. The third party liability insurance for this car is 6,543,800 yuan. After the verdict was pronounced in the first instance, Mr. Zhu, the owner of Santana car, appealed on the grounds that his loan relationship with the driver Li was free, Li had no bad behavior in driving, the defendant Mr. Yang did not set warning signs, and the defendant Mr. Wen drove unqualified vehicles. The second trial held that the focus of the dispute in this case was whether Mr. Zhu, the owner of Santana, was jointly and severally liable. According to the statements of the parents and witnesses of the driver Li in another case, the second trial found that Mr. Zhu had a de facto employment relationship with the driver Li, and Mr. Zhu advocated that the court would not support it. Accordingly, the court made a final judgment in the second instance and upheld the original judgment. After drinking with colleagues, Xiao Jiang, the driver, drove after drinking in the middle of the night to carry out the pick-up task. Unexpectedly, a traffic accident happened and he died on the spot. In anger, the family members took three * * * drinkers to court and demanded compensation for various expenses totaling 489,400 yuan. This morning (1 1), the people's court of Jiading District, Shanghai made a judgment of first instance. As * * * drinkers, the three defendants should protect each other and remind each other to avoid drinking too much or even getting drunk as much as possible. Although their actions were not the direct cause of Xiao Jiang's death, their respective actions directly created conditions for the occurrence of Xiao Jiang's damage consequences, and they should bear corresponding civil liability for compensation. At 0: 46 on September 6th last year, a bicycle accident happened on Hu Yi Highway in Jiading District. At that time, 28-year-old Xiao Jiang was drunk driving on the road from south to north. The vehicle suddenly hit the central cement isolation pier, lost control and fell into the opposite motorway. Driver Xiao Jiang died on the spot. The sudden car accident made Xiao Jiang's family lose their dependence. On the evening of September 5, Xiao Jiang and his classmate Abin and others had dinner in Jiading Nanxiang's restaurant. 2 1: 38, the company leader Zhou called to inform that he is now in a KTV in Nanxiang with the company legal person He Zong and assistant general manager Xiao Liu. So, accompanied by classmate Abin driving, Xiao Jiang and He, Liu, Zhou and others went to KTV for drinking and entertainment. Later, Mr. He proposed to go to the sauna, and classmate Abin drove and sent Mr. He to the sauna center with Xiao Jiang, while Liu and Zhou stayed in the KTV room. Shortly after getting off the bus, Mr. He found his lighter and put it in Nanxiang's KTV room. Xiao Jiang went back to get it. Then, I drove back to pick up Manager He and had an accident on the way. After the wife, children and father denounced the drinker, the family was in great pain. They believed that General He, Assistant Liu and Zhou, who were drinking with Xiaojiang that night, were responsible for Xiaojiang's death. They negotiated compensation with them many times and finally took them to court, demanding them to pay 330,700 yuan for death compensation, 96,600 yuan for living expenses of dependents, 50,000 yuan for spiritual comfort and 65,438+for funeral expenses. The Nanxiang Court of Jiading Court has held several sessions to hear the case. The focus of the trial dispute is: Is it true that He, Liu and Wednesday denied drinking with Xiao Jiang in KTV? Whether the three drinkers are at fault, what civil liability they should bear and how to share the responsibility among them. The defendant, Mr. He, argued that he did not drink with Xiao Jiang, nor did he persuade, encourage or intimidate him on the spot, nor did he know that Xiao Liu was drunk. Therefore, he has no obligation to stop or even encourage Xiao Jiang to drive on the spot, and insists that he is not at fault for drunkenness. Moreover, after Ma Lu and Xiao Jiang broke up, there was an interval of about 2 hours until the traffic accident happened. During this period, Xiao Jiang is not within his reasonable control, and his dynamics have nothing to do with himself. It was Xiao Jiang's own fault that he had an accident while driving after drinking. Assistant Liu and Zhou Jiandan have never had a drink with Xiao Jiang, and Xiao Jiang has dinner and drinks with his classmate A Bin. Abin and others should bear civil liability for Xiao Jiang's death. Court: * * * The drinker should bear the responsibility. After hearing the case, Nanxiang Court of Jiading Court held that Xiao Jiang, as a person with full capacity for civil conduct, should foresee the harm and consequences of drunk driving. But he knew there was a pick-up mission, but he ignored it and let himself control his behavior, which led to his death in a car accident. Xiao Jiang himself should be mainly responsible. The traffic accident confirmation confirmed that Xiao Jiang was drunk when he died, and there was no dispute between the two sides. After leaving the hotel, Xiao Jiang never appeared alone in other places except drinking with He Zong, Liu Assistant and Zhou at KTV and accompanying He Zong to the sauna center. Therefore, the court presumed that Xiao Jiang was drunk and drank with He, Liu and Zhou. As drinkers, the three defendants should protect each other and remind each other to avoid drinking too much or even getting drunk. When Xiao Jiang and his classmate A Bin sent He Zong to Ma Lu, it was not excluded that Xiao Jiang was in a drunken state. At this time, Mr. He knew that his drunk driving might cause adverse consequences such as life safety, but he still asked Xiao Jiang to take himself home after returning from Nanxiang. Moreover, when Xiao Jiang returned to Nanxiang KTV, Liu and Zhou, the assistants present, had a clearer obligation to remind him to stop driving or to ensure his safety. However, although He, Liu, Zhou and others are at fault, they are neither intentional nor negligent subjectively. Just because of accidental factors, the behavior of meaningless contacts He, Liu and Zhou accidentally combined, which caused the same damage to Xiaojiang. In other words, although the actions of the three defendants were not the direct cause of Xiao Jiang's death, their respective actions directly created conditions for the occurrence of Xiao Jiang's damage consequences. Therefore, the three defendants should bear the civil liability for compensation equivalent to their respective negligence. Because they could not prove the severity of their respective faults, the court presumed that the three defendants were the same, and ordered He, Liu and Zhou to bear 65,438+00% responsibility. This morning, the Nanxiang Court of Jiading Court in Shanghai made a first-instance judgment on this case: the three defendants should compensate the plaintiff for compensation of 47,246 yuan, the living expenses of the dependents13,804 yuan, the spiritual comfort of 5,000 yuan and the funeral expenses 1735.35 yuan respectively. Wang, the truck driver, ran a red light because of "dozing off", resulting in a major traffic accident with 4 deaths and 4 injuries. Tongzhou court recently sentenced Wang to 6 years and 6 months in prison for traffic accidents.
Around April 18 this year, Wang drove an overloaded medium-sized van to Taichuang intersection in Tongzhou District. Because of fatigue driving, Wang was sleepy and dozed off unconsciously. The intersection was obviously a red light, but he walked straight past and hit a normal truck with a speed of more than 76 kilometers per hour. The huge impact force caused the hit truck to spin and turn into the ditch. There are four people in the cab and four people in the carriage of this truck. Four people were killed in the car and four people were injured in the cab. After confirmation by the traffic team, Wang took full responsibility for the accident.
During the trial, Wang had no objection to the facts accused by the public prosecution agency. His defender believes that Wang's guilty attitude is good, and the goods in the victim's truck compartment are mixed, causing such serious consequences, requesting the court to give Wang a lighter punishment as appropriate.
The court held that Wang should be fully responsible for the traffic accident, but considering that the plot proposed by the defender is indeed an objective fact, it should be considered when sentencing. The court adopted the defender's opinion and gave Wang a lighter punishment as appropriate.
After the court, a victim's wife cried to the judge that there was no labor at home and finally went out to work to earn some money. She was fine when I went out in the morning, and now I can't see her. Now her old mother is dying, and the family is going to break up completely. All the people present were moved by it. At this time, even words of comfort made people feel pale, and sadness and wailing shocked everyone.