Due to the existence of the black box, a bus in the southwest city of Chongqing fell into the river, and the relevant details have been found. The driving recorder screen shows that there was a fierce fight between passengers and drivers, which caused the bus to fall out of control and fall into the river.
Things have passed, the lessons of blood are in front of us, and there are many things worth reflecting on. First of all, let's talk about the attribution of accident responsibility that everyone is most concerned about.
Although the driver and passengers are dead, they still have to bear civil liability.
There are three responsible subjects: bus driver Runmou, female passenger Liu and bus company. In this case, there are both criminal and civil liabilities.
Zhang Kai, a lawyer of Beijing Dacheng (Shanghai) Law Firm, said that the media disclosed that both bus drivers and female passengers were guilty of endangering public safety in a dangerous way. Because female passengers repeatedly beat the driver is driving this behavior, it is easy to cause the bus to collide with other vehicles and cause traffic accidents; As a bus driver, bus drivers have operational requirements for safe driving. He stopped after the attack and called the police, but there was a fight with the female passenger during the bus. Therefore, both of them constitute the crime of endangering public safety in a dangerous way.
According to article 16 of the newly revised Criminal Procedure Law, if a criminal suspect dies, he shall not be investigated for criminal responsibility. However, civil liability has not disappeared.
As for other 13 passengers, in this case, if it is proved that the struggle between the female passenger and the driver is the direct cause of the accident, the families of other passengers have the right to demand that the female passenger and the driver bear civil liability (mainly economic compensation). As for the proportion of recovery, it depends on the division of responsibilities between the final driver and the female passenger.
What about the bus company?
After the accident, the responsibilities of all parties should be divided into the "tort relationship" between the driver and the female passenger and the "contract relationship" between the bus company and the driver. Therefore, for the families of passengers, the bus company can be required to bear all civil compensation liabilities according to the "contractual relationship".
In short, drivers and female passengers can ask for economic compensation, and bus companies can also ask for economic compensation, so there is no conflict.
Photo: Bus rescue site.
Discussion beyond legal liability
Even the difference between right and wrong cannot save the lost life. How to go along this road and prevent this tragedy from happening again seems to be more worth thinking about.
Generally speaking, the violence encountered by bus drivers mainly comes from two aspects: First, road driving disputes. Second, as far as passengers are concerned, if the station does not stop reporting and the answer is not satisfactory, it may attract passengers to kick people.
The Shenjiang incident is specific to the driver's behavior. After communicating with relevant senior people, the thermal laboratory reached a unanimous conclusion: "No matter what kind of emergency, drivers should pull over, turn on the double jump lights (danger warning lights), and then call the police or stop the dangerous behavior of passengers, instead of starting each other while driving. "
Photo: A car was hit by a bus.
When being scolded by passengers, drivers will inevitably feel wronged, but even out of anger, they should put the safety of passengers first. There is a contractual relationship between the passenger and the driver's company. As consumers, passengers have paid for this service, and drivers have the responsibility to deliver it safely to their destinations.
Therefore, in the event of a dispute, the driver, as the first responsible company, is mainly responsible for eliminating the safety hazards brought by female passengers in different ways, including but not limited to: comforting, alarming, stopping and persuading them to leave, and even seeking the help of other passengers. Especially when drivers feel unable to drive safely, they should seek help.
In fact, all bus companies have a "code of conduct", which contains various codes of conduct, and should clearly emphasize driver training: in case of conflict with passengers, drivers are not allowed to leave the driver's seat, and call 1 10 according to the situation to avoid conflict with passengers.
Driver Ran obviously bears the main responsibility in this regard.
Some people think that bus companies should be equipped with "independent cockpit" to protect drivers.
At present, most buses run in the whole city.