"At 5 o'clock in the morning of June 5438+February 65438+February 07, 2007, when the defendant Wang Ruicheng drove his car to the Hunan section of Beijing-Zhuhai Expressway at 523km+527km, the front of the car collided with Hunan LB 10 18, which was parked in the overtaking lane in the same direction as the driver Tan, because of traffic jams, the judgment said.
The accident caused the driver of the refrigerated truck Tan and the passenger Yuan to die on the spot, and the drivers Chen Xuefang and Wang Ruicheng were injured.
After the accident, Chen Xuefang was sent to Chenzhou Traditional Chinese Medicine Hospital for rescue.
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Compensation of more than 230,000 yuan that cannot be "executed"
Tan Yu 1998, a villager from Group 3, Huajia Village, Jieshou Town, Chaling County, Zhuzhou City, married Chen Xuefang, moved into Chen Xuefang's house and became a son-in-law. 1999, after giving birth to their first child, Chen Wenqiang, they both went to work in Shangping Township, Anren County. Usually, Chen Xuefang works in a local fresh mushroom company that produces edible fungi, while Tan undertakes some transportation business nearby. At the end of 2006, they borrowed more than 200,000 yuan to buy a refrigerated truck to transport fresh mushrooms from Pingping to Guangzhou.
That is, from this time on, the young couple who have not been rich have ushered in a well-off life of their own. In addition to Chen Xuefang's salary at work, Tan's monthly sports car profit is more than 10,000 yuan. Before the accident, it only took Tan more than a year, and he also lost a loan of 654.38+10,000 yuan.
"Sometimes, I also accompany my husband around Guangzhou, mainly to help him." Chen Xuefang said that on the day of the accident, she was not feeling well and didn't want to go. Her husband advised her not to go after this trip. "At that time, I was pregnant for more than two months." Chen Xuefang took it from Yin's hand, and two tears fell on the child's face. A face of innocent Chen Sihai, don't know their identity at the moment turned out to be a posthumous child. She has never seen her father since she was born, and only when she grows up in the future can she feel this innate pain.
After Tan's funeral, Chen Xuefang soon recovered from the hospital. The case soon entered the trial stage. The Suxian District Court of Chenzhou City has tried the criminal part and the civil part successively. Wang Ruicheng committed a traffic accident and was sentenced to two years and six months in prison (the second instance of Chenzhou Intermediate People's Court was changed to a suspended sentence of three years). Wang Ruicheng, Wen Longyou (the actual owner of the accident vehicle) and Changde Fuchang Automobile Transportation Co., Ltd. (the owner of the accident vehicle) compensated the five plaintiffs (Chen Xuefang and Tan's parents) for death compensation and living expenses of the dependents totaling 340,522 yuan.
In March 2009, the case entered the execution stage. The case was executed by the executive court of Suxian District People's Court, but six months later, in addition to the 8,000 yuan paid by the owner Wen Longyou at the time of the incident and the 98,443 yuan paid by the relevant insurance company, there were still 234,079 yuan in compensation.
The relevant staff of the Suxian District Court said that since March this year, the staff of the executive court went to Changde twice, but "Wang Ruicheng (probation) and Wen Longyou both went out to work and could not find anyone. Basic deposit account of Fuchang Company is only a few hundred yuan, and there is no way to implement it. "
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What else did the car accident change?
An unexpected car accident not only changed Chen Xuefang and Tan's vision for a happy life in the future, but also changed the life trajectory of the two families.
Tan Zimei has three sons, and Tan Wuyong is the third. With the increase of Tan's transportation income, the life of the old couple began to improve. However, Tan's sudden departure made the old couple who were full of expectations for their later life suddenly fall into a desperate situation. He didn't know that he could do farm work in the fields for several years without his son's support. "If I leave first, how long can the old woman live?"
Tan, who was sick all over, stood timidly at the gate of Suxian District Court with Yin Song, who was short 1.4 meters in height. Unlike his daughter-in-law, Chen Xuefang, this is his son's first visit to Chenzhou after his accident. The old couple who have never been far away are afraid to see anything.
At noon the next day in Chenzhou, five people who didn't ask what the result was discussed and went back by car that afternoon. "There are many things to do at home," Tan Zimei stressed. The result of the final discussion is that it will take two days, because there will be an auction in court 13 in two days, and the heavy truck that Wang Ruicheng was detained at that time will be auctioned on the same day. After paying the relevant fees, the money collected can be partially executed.
After Tan's accident, people who lent him money to buy a car came to ask for arrears. Chen Xuefang had to return more than 90,000 yuan from the insurance company to others. In order to get a good price for the accident car, she spent more than 60 thousand yuan to repair it. After repairing the car, she found that the car in trouble was not easy to sell at all, and it was best to sell it for only 70 thousand yuan. "In fact, more than 200,000 cars have only been sold 1 10,000!"
Chen Xuefang's confusion does not stop there. In the judgment of Suxian District Court, she learned for the first time that when calculating the death compensation, the complaint written by the lawyer for her actually differed from the actual amount by more than 35,000 yuan. "I really don't understand why."
The reporter noticed that in the judgment of the Suxian District Court, there was such a statement when calculating the death compensation: "Tan was under 60 years old when he died, and his regular residence and main source of livelihood were in towns. Therefore, the calculation formula, standard and conclusion are: according to the location of the sued court, the per capita disposable income of urban residents in the previous year was 12293. 5 yuan/year *20 years =245870, because 544 originally applied for 2 10093. 4 yuan, so, press the application. "
"Now, the judgment has come into effect, and there is nothing I can do if I make a mistake," Chen Xuefang sighed. "My only hope now is to get this more than 200,000 back, as much as I want."
"The difficulty in implementation is not a matter of any place, but a matter of the whole province and even the whole country." The relevant staff of the Suxian District Court said that the implementation of the Tan case is not optimistic, mainly because the two parties may go out to work and can't find anyone. Basic deposit account of Fuchang Company has no money (it can't be found in other accounts).
Chen Xuefang doesn't know the way from Chaling to Chenzhou. How long will she have to walk? How much can she pay back the more than 200,000 yuan compensation for her husband's life? Young Chen Sihai didn't know what her future would be like without her father's childhood.