On-the-spot visits to intersections have heavy traffic and no traffic lights.
In the video circulating on the Internet, the woman in white walked to a third of the zebra crossing and was hit by a taxi with her head down. A dozen passers-by passed by him without coming forward to help. In the meantime, the woman raised her head, indicating that she was not dead at this time.
Later, another car ran over the woman lying on the ground because she didn't see the road clearly.
According to local citizens telling the Legal Evening News reporter, the road section where the accident occurred was the intersection of a main road and a branch road in the village. The main road is four lanes wide and has a large traffic flow. There are many small restaurants along the branch road in the village, with little traffic. There are many passers-by, but there are no traffic lights.
Accountability: Further accountability can only be achieved after forensic identification.
Hu Ping, a lawyer of Jiarui Law Firm, said in an interview with the reporter of Legal Evening News that in this incident, judging whether driving forward constitutes a crime is mainly based on the forensic experts' appraisal conclusion on the cause of death. Accidents should be divided into the first accident in which the front car collided with people and the second accident in which the rear car collided with people. If the position and degree of injury in the collision of the preceding vehicle are directly related to the death of the victim, the driver of the preceding vehicle constitutes a criminal act and needs to bear criminal responsibility. However, if the second accident in which the rear car collided with a person was the cause of the victim's death, the rear car should bear the criminal responsibility for causing his death. Or forensic identification is that two accidents caused the death of the victim, and both cars need to bear criminal responsibility.
In terms of civil liability, the drivers of the two accidents should be liable for civil compensation if they can distinguish the specific parts and extent of the injuries caused by the two accidents before and after, and whether it is the direct cause of death. On the other hand, if it is impossible to distinguish the location and degree of injury, the cause of death is caused by the combination of injuries before and after the accident, and the drivers of the two cars bear joint civil liability for compensation. Drivers of two accidents can share the responsibility through internal agreements, such as litigation, which is generally fifty-fifty.
Zhumadian official said in the official bulletin that the case is currently under further investigation.
No traffic lights are not the culprit.
At present, netizens' hot discussion about the incident mainly focuses on who should be responsible for the woman's death except the driver. High beam lights that are turned on at will while driving? No traffic lights?
As you can see from the video, before the second car hit the woman, a car with high beam came from inside. Before the traffic police investigate clearly, we don't know whether this high beam car has affected the line of sight of the second car. Lawyer Hu Ping analyzed that if the line of sight of the second car is affected, the owner should bear the responsibility for the second car accident together with the driver of the second car.
According to the fifth paragraph of Article 48 of the Implementation Regulations of the Road Traffic Safety Law of the People's Republic of China, the low beam is used at a distance of 150 meters from the oncoming vehicle at night, and it is used when meeting with non-motor vehicles on narrow roads and bridges. If you find out the road conditions or the cars coming from the opposite lane, you should switch the high beam back to the low beam mode150m in advance.
In the video, the vehicle coming in front of the second car has been playing the high beam when passing through the road section within the video range, which obviously violates this regulation.
According to the statistics of the Ministry of Public Security, 30% to 40% of the traffic accidents occurred at night in China in 20 1 1 year. Some vehicles turn on the high beam at will, which will make the driver of the opposite vehicle instantly blind, or make him misjudge the speed and distance of the car that turns on the high beam at will. This increases the probability of traffic accidents.
Some netizens also accused that the lack of traffic lights at the intersection was also one of the chief culprits of the woman's death.
"Although there are no traffic lights, vehicles still need to be polite to pedestrians." Hu Ping, a lawyer, said that from the video, all vehicles passing on the right side of the road (near the dead) did not be polite to pedestrians, which was the root cause of the accident. According to the Road Traffic Safety Law, when a motor vehicle passes through a zebra crossing without signal light control, it must stop outside the zebra crossing. If a motor vehicle horns in front of the zebra crossing to urge or pedestrians and vehicles are in the zebra crossing, and pedestrians are in front of the motor vehicle, it is considered that pedestrians are impolite.