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Intentionally causing death in a traffic accident
The next civil code stipulates that the damage is deliberately caused by the victim, and the perpetrator will not be liable.
Yangcheng Evening News reporter Dong Liu, correspondent Liu Ya
A 60-year-old man in Guangzhou sat on the side of the road for a long time and suddenly fell to the bottom of a normal truck and died on the spot. The family of the deceased sued the driver and the insurance company in court, claiming more than 160,000 yuan. Was it an accident or a suicide? How does the court decide the case?
The Baiyun District Court of Guangzhou City recently concluded the case. The court noted that the accident was caused by the deliberate conduct of the elderly man, who bears the corresponding legal responsibility for the damages caused by his own dangerous conduct. The court decided to dismiss the claims for compensation from the relatives of the elderly.
The driver was driving normally and the old man suddenly got under the car.
On the afternoon of September 26, 2019, when driver Xiaoding was driving a truck at a speed of 6.4 km / h to an intersection near Hengjiao 2nd Road, Baiyun District, Guangzhou, Chen, who was sitting next to the road, he suddenly got up and ran from the side of the road. He fell to the bottom of the right side of the truck, and as a result, the truck’s right rear wheel went over his head. Elder Chen died on the spot.
Video surveillance at the time of the incident showed that Old Man Chen was sitting on the side of the road at the intersection of the incident more than 30 minutes before the incident and had not left. After the front wheel of the truck passed, Old Chen suddenly stood up, stretched his hands forward, and jumped. He fell under the moving truck.
After the incident, Mr. Chen’s family filed a lawsuit in court, demanding that Xiaoding, the owner of the vehicle (i.e. Xiaoding’s employer), a logistics company and an insurance company that underwrites mandatory traffic insurance and a commercial insurance cover the damages.
There is a major dispute between the parties over whether Mr. Chen deliberately collided with a motor vehicle and caused a traffic accident.
Family members of Mr. Chen said that the old man was in a normal state of mind before the incident and that he had no other illnesses except rheumatism, family conflicts or abnormalities. Although the traffic police department determined that Mr. Chen was fully responsible for the accident, according to the relevant laws and regulations, if drivers and pedestrians who were not motorized vehicles were fully responsible for the accident, the rate of reduction of the accident Liability for compensation of the motor vehicle part should not exceed 80%, so the defendant must bear at least 20% of the liability for compensation, that is, compensation for various losses totaling more than 160,000 yuan.
The driver said he was driving Xiaoding according to traffic regulations at the time of the incident and had noticed that the old Chen was sitting on the road. For safety reasons, he took steps to slow down and drove slowly. Elder Chen suddenly got into the car as the car turned. Background. The logistics company also believes that old man Chen deliberately caused the traffic accident and the company has already paid 30,000 yuan to the family. The insurance company believes that Mr. Chen deliberately caused a traffic accident and the driver fulfilled his duty to drive safely and without fault. The insurance company should not be held liable.
The traffic police department issued a “Traffic Accident Acknowledgment Letter”, which determined that Elder Chen was fully responsible for the traffic accident, and Xiaoding was not responsible.
The court held that older people must bear the corresponding legal responsibilities
The Baiyun Court determined that there was a high possibility that Mr. Chen deliberately caused the traffic accident. Mr. Chen’s relatives did not give a reasonable explanation and explanation for his series of abnormal behaviors. The driver and the insurance company believed that Mr. Chen was suspected of deliberately creating the case. Involved in a traffic accident, the explanation is obviously more convincing and possible than that of Mr. Chen’s family.
The court held that, as an adult in full civilian capacity, Elder Chen must know that the roadside sitting behavior of a motor vehicle has a hidden danger of causing traffic accidents, and must be able to foresee a sudden rush to the background of a moving truck. It is highly dangerous, but it still performed the aforementioned series of behaviors. It can be seen that their subjective intention is to cause traffic accidents or allow traffic accidents to occur. His behavior has violated the provisions of the Road Safety Law and led to an irreparable personal life. At the same time as the damage, it also severely hampered the safety of road traffic.
Tort Law stipulates that the damage is deliberately caused by the victim, and the perpetrator will not be liable. The Road Safety Law also stipulates: “Losses in traffic accidents are caused by non-motor vehicle drivers or pedestrians deliberately colliding with a motor vehicle, and the motor vehicle part will not be liable for compensation.”
The court noted that the accident was caused by Mr. Chen’s deliberate behavior, and he should bear the corresponding legal responsibility for the damage caused by his own dangerous behavior. The court decided to dismiss the compensation claims of Mr. Chen’s family. After the verdict, all parties accepted the verdict and dismissed the lawsuit without appeal, and it is now effective.
The judge introduced that Article 174 of the Civil Code, which will enter into force on New Year’s Day 2021, stipulates: “The damage is deliberately caused by the victim, and the perpetrator will not be responsible.”
