Basic Facts
Ye and Zhong ate and drank together. After the meal, Ye took the initiative to take the car driven by Zhong to have a midnight snack even though he knew that Zhong was drunk. Ye was injured after the car collided with a large truck driven by Rao. The traffic police department determined that Zhong and Rao were equally responsible for the accident, but Ye was not responsible.
After meridian treatment, his right face and right eye were identified as level nine and level ten disabilities respectively. Ye filed a lawsuit with the court, requiring the party responsible for the traffic accident to compensate for his losses and to compensate him for more than 330,000 yuan in medical expenses, lost work expenses, nursing expenses, etc. During the lawsuit, Zhong believed that Ye knew that he was drunk but still rode in the vehicle he drove. Although he was not responsible for the traffic accident, he was clearly at fault for the consequences of the accident and should share the responsibility.
Judgment Result
According to the effective judgment of Shaoguan Intermediate Court, the amount of loss caused by the traffic accident in this case was 297,251.34 yuan, taking into account compulsory traffic insurance, commercial third party liability insurance and the tortfeasor in the traffic accident. The liability was determined to be Zhong’s compensation of 1.31.526.67 yuan. In the identification of traffic accidents, although Ye is not responsible for the occurrence of the traffic accident, according to Article 26 of the Tort Liability Law of the People's Republic of China, "If the infringed party is also at fault for the occurrence of the damage, the tortfeasor's liability can be reduced." "Responsibility", Ye knew that Zhong was still driving the vehicle while drunk, and the consequences of his behavior were foreseeable, but his laziness or credulity could have been avoided. Ye was at fault for causing his personal injury. Accordingly, the court reduced Zhong’s liability for compensation by RMB 1,000 as appropriate and ordered Zhong to compensate Ye by RMB 1,21,526.27.
Typical significance
Drunk driving greatly increases the possibility and danger of traffic accidents, which has been widely recognized by the public. If a passenger knows that the driver is driving under the influence while still riding, and a traffic accident causes injuries to himself, the passenger is also at fault and can appropriately reduce the liability of the driver of the vehicle in which he or she is riding.
In social interactions, when a driver is found to be engaging in dangerous driving behaviors such as drunk driving, he or she must not only take risks in the vehicle he or she is driving, but also discourage dangerous driving behaviors to reduce the occurrence or damage of traffic accidents. expand. This is also the responsibility and obligation of every citizen for the personal and property safety of themselves and others in social life.
Legal basis: Article 1179 of the "Civil Law of the People's Republic of China" Who infringes upon others and causes personal injury shall compensate for reasonable expenses for treatment and rehabilitation such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospitalization food subsidies, etc. , and reduced income due to absenteeism.
If disability is caused, the cost of assistive devices and disability compensation shall also be paid; if death is caused, funeral expenses and death compensation shall also be paid.
Article 133 of the "Criminal Law of the People's Republic of China" Whoever violates traffic regulations and thereby causes a major accident, causing serious injury or death or causing heavy losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or Criminal detention; anyone who escapes after a traffic accident or has other particularly serious circumstances shall be sentenced to a fixed-term imprisonment of not less than three years but not more than seven years; if his escape causes death, he shall be sentenced to a fixed-term imprisonment of not less than seven years.
The Supreme People's Court's explanation on several issues concerning the specific application of law in the trial of criminal cases related to traffic accidents.
Article 2 If a traffic accident occurs under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention:
(1) One person dies or three or more people are seriously injured, and The person responsible for the accident shall be fully or mainly responsible for the accident;
(2) An accident in which three or more people die shall bear equal responsibility; If the total or main liability is more than 300,000 yuan, it is impossible to compensate.
If a traffic accident causes serious injuries to one or more people, who is fully or mainly responsible for the accident, and falls under any of the following circumstances, he will be convicted and punished for the crime of traffic accident:
(1) After drinking or taking drugs Driving a motor vehicle;
(2) Driving a motor vehicle without driving qualifications;
(3) Driving a motor vehicle knowing that the safety devices are incomplete or the safety components are malfunctioning;
(4) Knowingly driving an unlicensed or scrapped motor vehicle;
(5) Driving with a serious overload;
(6) To evade legal prosecution , who fled the scene of the accident.