Villagers piled used sand and gravel on the road for building houses and failed to set up warning signs or fulfill the obligation to notify pedestrians. As a result, a drunk man drove his motorcycle into a pile of sand at night and fell. He fell into a roadside ditch and drowned. As a result, a special traffic accident liability compensation case occurred.
On February 10, the Wancheng District Court of Nanyang City, Henan Province heard a traffic accident liability dispute case in accordance with the law. The court ruled that the Transportation Bureau and Shadui People *** and the relatives of the deceased should compensate for funeral expenses, living expenses, and spiritual comfort. The total amount of gold *** is more than 45,000 yuan.
Drunk driving hit a pile of sand on the roadside
Overturned and fell into the water and died
At about 23:00 on the evening of February 23, 2012, a young man from Guanzhuang Township, Wancheng District, Nanyang City Zhao Ningx, drunk and unlicensed, drove an unlicensed two-wheeled motorcycle along Nanyang City XX. The road was traveling from south to north. When it reached the house of villager road xx, it hit road xx. There was a large pile of sand used for building houses on the west side of the road. Zhao was injured and fell into the Baitong Canal river and drowned. .
On March 7, 2012, the Sixth Brigade of Nanyang Public Security Traffic Police Detachment conducted a detailed investigation into the road traffic accident and determined that the deceased Zhao Ning Be responsible.
According to the investigation, Nanyang City Wancheng District Transportation Bureau is responsible for daily maintenance, cleaning and other management responsibilities for this road section. The deceased Zhao Ningx and the young woman Jiang xx did not go through the marriage formalities in March 2012 and married and lived together according to rural customs. Zhao Ningx drowned in a traffic accident. Jiang xx was 7 months pregnant and gave birth to her child on May 2, 2012. A girl named Zhao Xiyun.
Sued three parties for compensation
The defendant claimed that he was not responsible
After the incident, the deceased Zhao Ningx’s father Zhao c, mother Li cfang, and wife Jiang xx , believed that the sand dump yard, Nanyang Canal Water Conservancy Management Bureau, Nanyang Yuhekou Irrigation District Management Bureau, and Nanyang Wancheng District Transportation Bureau were all responsible for the accident. The Wancheng District Transportation Bureau was responsible and should bear the liability for compensation to the relatives of the deceased, so they requested compensation from the three parties, but they were rejected.
On October 20, 2012, Zhao C, Li C Fang, Jiang xx and their daughter Zhao X Yun, with the help of Liu Dshun, a lawyer at the Guanzhuang Town Legal Service Office in Wancheng District, Nanyang City, transferred Nanyang City Wancheng District Highway Section XX and Nanyang City Wancheng District Yahekou Irrigation District Management Bureau went to court, demanding that Nanyang City Wancheng District Yahekou Irrigation District Management Bureau bear compensation liability for the deceased. The district administration brought the lawsuit to Wancheng District Court. Request the court to order the three defendants to jointly and severally compensate the plaintiff for death compensation of 13,208.6 yuan, funeral expenses of 15,151.5 yuan, living expenses of dependents of 38,879.55 yuan, and mental damage consolation of 50,000 yuan. The above expenses are calculated as 150,000 yuan based on the ratio of 70; the litigation fees are calculated by The defendant bears the responsibility.
During the trial, the defendant Lu xx argued to the court that he should not be liable for compensation for the death of Zhao Ningx due to a traffic accident because the sand pile did not affect the passage of the deceased Zhao and Zhao Ningx died of drowning. , there is no causal relationship between the sand pile and Zhao Ningx’s death.
"The Nanyang Wancheng District Transportation Bureau argued that it was wrong for the plaintiff to sue the bureau as the subject of the lawsuit. The ownership and management rights of the road section do not belong to the Transportation Bureau, nor do they belong to the secondary units under the Transportation Bureau. The Wancheng District Rural Highway Management Office should dismiss the case and return it to the plaintiff to sue. The main responsibility for the accident lies with the victim himself, who caused the accident by driving an unlicensed motorcycle under the influence of alcohol. The Bureau should not be liable for damages.
The defendant Nanyang Yahekou Irrigation District Administration argued that the bureau had no fault and was not a direct infringer, and that according to Wancheng District government documents and the agreement between Yahekou Bureau and Wancheng District Transportation Bureau, the bureau had The road section has no management obligations and also requested the court to dismiss the plaintiff’s lawsuit against the Duck Irrigation Bureau.
The court clarified the responsibilities of all parties
The two defendants each bear 10% of the responsibility
On February 10, the Wancheng District Court of Nanyang City held a public hearing and held that: the machine Motor vehicle drivers are obliged to drive safely while the vehicle is in motion and treat this case with caution. The victim, Zhao Ningx, was drunk and had not obtained a motor vehicle driving certificate. He drove an unlicensed two-wheeled motorcycle in the Baitong Canal and fell to a pile of sand on the road. He fell into the canal and drowned. His own safety was threatened. Indulging yourself and obviously failing to fulfill your duty of safety care should bear the main responsibility for your own damage.
The defendant xx Road violated road management regulations and built sand piles on the road without authorization for non-traffic operations, causing safety hazards to others; the defendant Nanyang City Wancheng District Transportation Bureau is responsible for the daily maintenance and management of this road section As a result, the defendant illegally piled sand piles at xx section of the road for about five days but failed to perform the notice to clear it, and failed to ensure the safety and smooth flow of the road section. Failure to fulfill management obligations and fail to ensure road safety and smoothness, resulting in continued safety hazards, according to Article 10 of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Road Traffic Accident Damage Compensation Cases" If the party concerned requests the perpetrator to bear compensation liability due to behaviors such as stacking, dumping, and throwing objects that obstruct traffic, resulting in traffic accident damage, the people's court shall support it.
Road managers cannot prove that they have fulfilled their obligations such as cleaning, protection, and warning in accordance with laws, regulations, rules, national standards, industry standards, or local standards, and they should bear corresponding liability for compensation. Defendant Road xx also The defendant, Nanyang City Wancheng District Transportation Bureau, should bear certain liability for compensation to the plaintiff. At the same time, according to Article 3, paragraph 2, of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases", "Two or more persons do not have the same intention or the same fault, but the number of their respective acts shall "If two acts indirectly combine to cause the same damage, each shall bear corresponding liability for compensation according to the magnitude of the fault or the proportion of the cause." The victim Zhao Ningx was drunk himself. The victim Zhao Ningx's behavior of being drunk, unqualified to drive, and driving a motor vehicle without a license was a major fault, while the defendant XX's pile of sand and soil on XX Road and the Nanyang Wancheng District Transportation Bureau's failure to notify the management of the removal of the sand pile were general negligence. Bear responsibility for accidents in accordance with the law. Based on the degree of fault of the plaintiff and the cause of the accident, the court determined that the plaintiff should bear 80% of the liability, and the defendant XX Road and the defendant Nanyang Wancheng District Transportation Bureau should bear 10% of the liability for compensation to the plaintiff. The defendant, Wancheng District Traffic Bureau, has no management rights over the accident road section and is not the tortfeasor of the accident in this case, so it is not liable for compensation to the plaintiff. The plaintiff requested death compensation of 132,080.6 yuan, and the victim’s daughter, Zhao Yueyun, was raised until she was 18 years old, with each parent bearing half of the obligation. The court supported the total of 38,879.55 yuan.
The plaintiff’s request for the defendant to compensate for mental damages of 50,000 yuan was based on comprehensive factors such as the mental pain caused by the victim’s death to the plaintiff, the victim’s own fault, and the defendant’s ability to compensate. According to the Supreme People’s Court’s “On According to Article 18 of the Interpretation of Several Issues Concerning the Application of Law in the Trial of Personal Damage Compensation Cases and Article 10 of the Supreme People's Court's Interpretation of Several Issues Concerning the Determination of Liability for Compensation for Mental Damage in Civil Torts, the court supported the plaintiff's mental damage consolation payment of 8,000 yuan. . Mental comfort payment of 8,000 yuan.
In response to this case, Nanyang Senior Judge Li Jingyue said that Article 106, Paragraph 2, of the General Principles of the Political and Civil Law of the People's Republic of China stipulates: "Citizens and legal persons who infringe upon the state or collective rights due to their faults" Those who infringe upon the property or person of others shall bear civil liability." In this case, the Transportation Bureau is responsible for the daily maintenance, cleaning, desilting and other management obligations of the roadway. However, in this case, the hidden danger of unauthorized piles of sand for 5 days was not discovered and eliminated by the administrator. For this reason, the court ruled that it was correct for the Transportation Bureau and the sand dumper to pay equal compensation. ()
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