Weibo named "Tianjin Xu Yunhe" has attracted the attention of nearly 10,000 fans. /kloc-August 6, 0/6 "Helping others, but was wronged by 654.38+10,000 yuan. The court arbitrarily pronounced the gourd case. Where can I redress my grievances? "The post was reprinted by major forums.
What progress will the judgment of the second instance bring to the case?
Yesterday's court session was supposed to be at 3: 30 p.m., but Mrs. Wang entered the court at 3: 53 p.m. in a wheelchair accompanied by her relatives because of her excitement.
Mrs. Wang lost her temper several times in court.
At the trial site, he said that on the morning of June 65438+1October 2 1 2009, when he saw Mrs. Wang over the guardrail, the distance between the car and her was at least 30~40 meters. "I had already stepped on the brakes." The speed he described is about 30 to 35 miles per hour. "When I first saw her, she had not climbed over the guardrail and found that she was about 10 meters away from her when she fell."
After the incident, he drove the vehicle at a 45-degree angle and leaned against the left guardrail. It is said that there is obvious suspicion of emergency braking. Xu Yunhe explained: "Turning the steering wheel to the left is just a conscious action when I stop. I don't want to block the car behind me."
Xu Yunhe said that after getting off the bus, he first looked at whether the car door scratched the guardrail, and then went to the old lady and asked, "Are you all right? Where did you fall? " And he remembers very clearly that the first sentence of the old lady was "You will be happy when I die!"
When Mrs. Wang described the process of being hit at the trial site, she showed everyone the injured right leg and said it was hit below the knee. In court, Wang Xiuzhi lost his temper several times. She looked very weak and spent most of her time leaning on her daughter Wang Liping's shoulder.
Ms. Wang said in court that when the accident happened, she saw Xu Yunhe's car coming over the guardrail. It was fast at that time. "I took a few steps back, but I didn't dodge. After I was hit, I leaned forward and squatted in his car, and then fell backwards. " Mrs. Wang said that at that time, she was already stunned and only said, "Call the police in the pipeline!"
/kloc-at about 0: 00, the judge announced that the trial of the second instance was over, and then the trial of both parties was a "cross-examination" stage.
On the afternoon of August 20th, the reporter went to the place where the case happened two years ago. According to Xu Yunhe's dictation, he drove from south to north along Hongqi Road, Hongqiao District, Tianjin, and when he reached the Red Star Macalline Furniture Plaza, he found that Mrs. Wang crossed the central isolation guardrail from west to east and accidentally fell into the north-south motorway. Xu Yunhe immediately took braking measures and turned the steering wheel to the left. The vehicle stopped in front of Mrs. Wang and there was no contact between the two sides.
Court record
Tianjin Daily Hu Ran provides first-hand information.
Next, I will record the main points of the statements of both parties and the main points of the court's inquiry. Or the original purpose, objective description, try not to mix personal views. I hope netizens will comment after reading it.
1, Xu Yunhe and lawyer's point of view (Xu Yunhe, Xu Yunhe's father and lawyer * * * appeared in court): A. The judgment of Hongqiao Court is based on speculation, assuming that Xu Yunhe didn't hit anyone, this case is not a traffic accident. Mrs. Wang's injury was caused by herself and had nothing to do with Xu Yunhe. The fracture recovery is not ideal because she and her family did not actively treat it, which led to the delay of her illness. Mrs. Wang has three children, all of whom are self-employed and should have the strength to treat them.
2. and the lawyer's point of view (continued) C. Mrs. Wang's injury was caused by falling from the guardrail. D, this case has exceeded the statute of limitations. The retrospective limitation of personal injury is 1 year, that is to say, if no claim for compensation is made for more than one year, the injured party has no right to claim for compensation again, and the time of the crime, the time when Mrs. Wang was discharged from the hospital, and the documents of the traffic team all exceed 1 year. Hongqiao court should not hear the case, but not participate in the judgment.
3. Xu Yunhe thinks that since Mrs. Wang and her family didn't sue after the accident 1 year, it means that Mrs. Wang's family also thinks that this matter has nothing to do with Xu Yunhe.
4. Mrs. Wang's point of view (Mrs. Wang appeared in court with a lawyer accompanied by several family members in wheelchairs): A, traffic accidents don't have to be linked, as long as there is a fault or accident. Both admission records and traffic team records are called traffic accidents. B, hospital diagnosis, the attending physician said in the court investigation "according to age, illness, etc. He is less likely to fall. " And the wound is the right leg, in the same direction as the car.
5. Mrs. Wang's point of view (continued) C. Once a motor vehicle runs, it will inevitably have an impact on the surrounding environment. As can be seen from the picture, the vehicle almost hit the guardrail at an angle of 45 degrees. It can be seen that the situation at the scene is very dangerous. If you don't brake, it may be more serious. Mrs. Wang didn't trip herself, let alone be brave. If Yunhe drives away, it's a hit-and-run. How can you be brave when you fulfill your legal obligation to help?
6. Mrs. Wang's point of view (continued) D. Fault liability. First of all, the vehicles driven by Xu Yunhe are not covered by compulsory traffic insurance. The vehicle does not meet the road conditions and should be seized by the traffic police. Secondly, Xu Yunhe said that there was a big truck ahead, and he wanted to overtake into the first lane, but he suddenly met Mrs. Wang. His behavior violated the provisions of the traffic safety law, such as failing to observe the surrounding situation in time, losing consciousness, and failing to brake in time.
7. Mrs. Wang's point of view D. Second (continued). According to the regulations, unless Mrs. Wang, a pedestrian, deliberately caused it, the owner should bear the responsibility, but if it is the responsibility of the pedestrian, the responsibility of the owner can be appropriately reduced. Therefore, it is reasonable and legal to sentence Xu Yunhe to bear 40% responsibility.
8. Mrs. Wang's point of view. E, loss calculation. If Yunhe pays strong insurance, the insurance company will pay the highest compensation of 1 1 000 yuan, and he only needs to bear more 1, 400 yuan. However, so far, Mrs. Wang has not received any compensation, which is entirely caused by Xu Yunhe. You can't let Mrs. Wang pay for Xu Yunhe's illegal behavior.
9. Mrs. Wang's point of view. F, according to the law, the parties did not put forward the defense of limitation of action in the first instance, and the court can hear it directly. In the first instance, Xu Yunhe raised no objection, and the court of second instance may not support it.
Xu Yunhe once admitted to hitting someone?
"Xu Yunhe is lying." Wang Xiuzhi's daughter, Wang Liping, said, "If Xu Yunhe didn't admit to hitting people at first and promised to pay compensation, we would collect evidence at that time, whether it was witnesses on the scene or surveillance cameras on the roadside."
According to her introduction, after the incident, Mrs. Wang was taken to the hospital for treatment. The injuries were diagnosed as fractures of the right tibia and medial and lateral meniscus injuries of the right knee. The hospital suggested an operation, but because there was no money for the operation, she only lived for five days and was discharged. "We have judicial expertise, which proves that it constitutes an eight-level disability."
The reporter learned that because there were no valid witnesses and physical evidence that could restore the truth at that time, Mrs. Wang was sent to the People's Hospital before the traffic police arrived, which made the truth of the matter somewhat confusing. Did Xu Yunhe hit someone with his car, or did he stop to save people?
She said that Xu Yunhe had admitted that he had hit Mrs. Wang. "He also said that I would listen to the court's decision. If not, I will pay for the car. At that time, he also went to the hospital, and the hospital informed him to pay a deposit of 2000 yuan. He said that he only had 500 yuan with him and wanted to go back and borrow money, so we agreed. " Wang Liping said that Xu Yunhe could not be contacted for a month or two.
"We know that it was two or three months after the incident. The surveillance videos on both sides of the road can only save the contents of the month." She said.
But it is a completely different version in Xu Yunhe's mouth. "I am very kind and can help others." He said that he saw the old lady trip over the guardrail, took two steps and fell down. He stopped to help him at once, but he couldn't get up. He screamed "ouch! ouch!" as soon as he touched it. Without thinking much, he called 120 and called an ambulance.
I didn't expect the old lady to answer the phone, but she made him cold from head to toe. "I was hit by a car on the road ..." According to Xu Yunhe's dictation, many onlookers had come at this time and advised him to say, "Hurry up, or I will arrest you!" Later, when he saw more and more people onlookers, he called 1 10 to call the police.
Is it difficult to get the accident certificate?
According to Article 92 of the Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China, the traffic administrative department of the public security organ shall make a traffic accident determination within 10 days from the date of investigation. If inspection and appraisal are needed, a traffic accident confirmation shall be made within 5 days from the date when the inspection and appraisal results are determined.
The reporter saw in the Civil Judgment of Hongqiao District People's Court that the time for Tianjin Public Security Traffic Management Bureau to issue the traffic accident certificate was only June 165438+ 10/4. At this point, 25 days have passed since the incident.
Xu Yunhe said that the traffic police were forced to issue the traffic accident certificate because the family members insisted on it at that time. When he asked for it many times, the traffic police said that Wang's family came to make trouble every few days, which seriously affected their normal work. They also threatened to carry the old lady on a stretcher and put her in the team.
Wang Liping responded: "Is the old man dying or want money? How can you do such a thing regardless of the safety of the elderly? ! "
Xu Yunhe said that after the incident, Mrs. Wang's daughter also told him, "Take 80,000 things, and if you don't give them, find someone to get them for you."
In the Opinion of Traffic Accident Traces Appraisal issued by Tianjin Tiantong Judicial Appraisal Center, one item of "Analysis Description" said: "No contact trace was found on Tianjin HAK206 bus, so it is impossible to determine the contact part between the car and the human body."
"It's not about money."
According to the first-instance judgment of Hongqiao District People's Court, she was sentenced to bear 40% civil liability and compensate Mrs. Wang 108606.34 yuan, including 87454.8 yuan for disability compensation.
The reason for the judgment is that "it is not certain that the bus has contact with Mrs. Wang's body, nor can it be ruled out that the bus has no contact with Mrs. Wang. When the defendant found the plaintiff, it was only four or five meters. In this short distance, the plaintiff, as a pedestrian, suddenly found that the vehicle was coming towards him, which would inevitably lead to panic and confusion, and its fall to the ground would definitely be affected by oncoming vehicles. "
Xu Yunhe refused to accept the appeal, saying that he only wanted an innocence. "Even if I have to pay 65438+ million, I will fight the lawsuit to the end. I didn't hit anyone. There is no question of compensation. This is not a question of money at all. " Xu Yunhe said.
On October 2011August19th, Wang Liping released a picture of Xu Yunhe's car parking under the screen name of "Fact 009" in Weibo. From the picture, the left front of the vehicle driven by Xu Yunhe is close to the guardrail. Wang Liping asked, "Can I stop slowly like this? Driver's license in 2007! "
Netizen "Phoenix Wood invited commentator" thinks that from the parking space, it seems that he saw the unexpected situation ahead and instinctively hit the steering wheel to avoid danger. It can be seen from the degree of hitting the guardrail that the speed is not fast.
Public discussion
Dare to help others?
Xu Yunhe said that a net friend once told him the skill of "helping others". This netizen once drove home on a rainy night and saw an old man fall on the road, so he parked his car more than 200 meters away from the old man and walked over to help him.
Why do you choose wisely?
"Two months after the first-instance judgment, I really want to hate society. However, I gradually recovered my normal state of mind. " Xu Yunhe said, I still can't help it in the future, but I will definitely pay attention to the ways and means. "I think we should help others on the premise of protecting ourselves."
Wang, the driver who has been driving a taxi for more than ten years, said, "I drove into an alley the other day and saw an old lady lying on the ground, her hands spilled all over the floor." I hesitated for a long time and turned away. " She said that she was really not unsympathetic, but really afraid of being misunderstood. "Losing money is the second. The key is that I can't stand the stimulus and I don't have time to talk to them about these tangled things. "
"I can't say what's going on. Most people choose wisely. " Mr. Zhang, a citizen, said that in the past, everyone was afraid of people who "touched porcelain", but now everyone is far away from those in need on the road.
Stay alert
"If the evidence is insufficient, it is judged that the driver is responsible. Who dares to be brave in the future? " Zhou Ze, a lawyer of Beijing Wentian Law Firm, said that the main problem in this case should be the factual level, not the legal level. He believes that according to the Civil Procedure Law, there is a principle of "whoever advocates, who gives evidence", and the plaintiff and the old lady should produce sufficient evidence to prove that the defendant is guilty.
Lawyer Zhou admits that it is really difficult for the judge to make a judgment because of the lack of relevant evidence in this case. However, he stressed that if the driver is judged to bear legal responsibility under the condition of insufficient evidence, it will inevitably damage the social public moral system again.