Who will pay for the losses caused by minor disasters in order to avoid major disasters? Wait for minor disasters and avoid major disasters.

Who will pay for the losses caused by minor disasters in order to avoid major disasters? Editor: Not long ago, when I was driving a private car normally, I suddenly found a van rushing across the street. If two cars collide, it will definitely cause casualties. In an emergency, in order to avoid the collision between two cars, I had to take refuge on the side of the road. As a result, I injured Chen Mou, who was driving a motorcycle by the roadside, and Chen Mou was slightly injured. Afterwards, I learned that the brakes of the truck failed. Chen Mou thought I had hurt him, so he asked me to pay compensation. I feel very wronged and think that the truck driver should bear the responsibility. Who should bear the losses caused by this car accident?

Reader Liang Jianming

Comrade Liang Jianming:

The situation you described is legally called emergency hedging. Compensation for damages caused by emergency avoidance shall be borne by the person who caused the danger.

Emergency avoidance refers to another emergency measure or behavior that the actor has to take in order to avoid or save greater legitimate rights and interests from damage in a dangerous emergency. Emergency avoidance must meet the following conditions: (1) There must be real danger and it is happening; (two) must be to protect the legitimate rights and interests from the ongoing danger; (3) It must be carried out under necessary circumstances, that is, at the very moment when the danger is happening, there is no other way to avoid the danger except to harm the legitimate rights and interests of the third party. (4) The measures taken must be appropriate and shall not exceed the necessary limit, that is, the damaged interest must be less than the preserved interest.

Article 129 of China's General Principles of Civil Law stipulates: "If damage is caused by emergency avoidance, the person who caused the dangerous situation shall bear civil liability. If the danger is caused by natural reasons, the emergency evader shall not bear civil liability or bear appropriate civil liability. If the measures taken for emergency hedging are improper or exceed the necessary limits, causing undue damage, the emergency hedging person shall bear corresponding responsibilities. "

As stated in the letter, you met the danger caused by the truck driver while driving. In order to avoid more injuries caused by the collision of two cars, you deviated from the normal driving route and ran into Chen Mou, causing minor injuries. This fully meets the necessary conditions for emergency hedging. Your behavior belongs to emergency hedging, and all the losses caused by it should be borne by the truck driver.

Pan Yongjia lawyer

It's good to hold an "accident wreck auto show"

Editorial comrades:

At the end of 65438+February last year, the traffic control department of Nanjing Public Security held a week-long exhibition of accident vehicle wreckage in the parking lot of Pipa Lane in Nanjing Confucius Temple. * * * The 14 car seriously distorted by the accident queued up for the general public to watch. The purpose of the exhibition is to let visitors get a profound and real traffic safety education from these worn-out vehicles stained with the blood of drivers and passengers. The author thinks that this is a good safety warning education method, which is worth learning and popularizing by local grass-roots traffic safety management departments.

There are many forms to carry out traffic safety education, each with its own characteristics and effects. But in comparison, holding a "broken car show" similar to the above is more powerful and effective. Because all the objects on display at the scene of traffic accidents are visible, tangible and imaginable, and they are also living facts, education is particularly real and convincing. Every wrecked car in the exhibition means a shocking accident and a bloody traffic accident. People can immediately imagine the seriousness and tragic consequences of every traffic accident after seeing the wrecked car. Therefore, visiting this special auto show can make people's minds deeply shocked and shocked, and also leave a very deep and unforgettable impression on people, thus prompting people to take warnings more consciously, enhance their safety awareness at all times and strictly abide by traffic laws and regulations.

It is not difficult to organize an "accident wreck auto show" and it does not require a lot of investment. Just pay attention to collect and keep some damaged vehicles and other physical objects, and then add some photos and text descriptions of on-site materials. However, the educational warning effect is particularly good, which can make the form of traffic safety education richer, more vivid and more practical, and attract more people to visit and receive education. Therefore, it is hoped that local grass-roots traffic safety management departments will organize more such "auto show" activities so that more people can receive such traffic safety warning education.

Text/Yang Hanxiang