Legal case (motor vehicle traffic accident liability dispute)

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‍Case:

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August 27, 2011 08:45 Xu, the defendant Wu driving their own anchored defendant Yuntai company operating Kawan K23289 vehicles along the direction of Chongqing to Chongqing, travel to the Xiamen-Chengdu Expressway 2193 km +100 meters section, Due to lack of observation and inadequate measures, resulting in the right side of the vehicle and the front of the vehicle in front of the fault parked in the road on the right side of the passenger and freight lane and the emergency lane between the owner of the owner of the car for the company's Yu BA9851 car left Car tail collision, resulting in Sichuan K23289 car on the staff of Luomou, Yanmou, Tongmou and other injuries, two cars damaged. December 8, 2012 the Court made (2012) Longquan Min Chu Zi No. 1540, the decision that the follow-up medical expenses of 23,000 yuan. July 26, 2013, the plaintiff after the injury was part of the internal fixation surgery, resulting in medical expenses 20872.60 yuan, there are still left part of the radius of the internal fixation without surgery. September 16, 2013, the plaintiff on the right side of the humeral head ischemic necrosis, identified by the Sichuan forensic identification, the follow-up treatment costs about 96,600 yuan. February 26, 2014, the plaintiff on the right side of the humeral head necrosis and the causal relationship between the accident and the degree of participation was identified, the identification of the right humeral head necrosis and the causal relationship between the traffic accident, its Participation of 100%, while the right ulnar radius of the internal fixation of the follow-up treatment fee for identification, identification of the right to see the right ulnar fixation about 9500 yuan. October 10, 2014, the plaintiff to stay in Chengdu First People's Hospital, on the right side of the femoral head necrosis and right foot ulnar fixation for treatment, is the urgent need for the corresponding medical expenses, so the plaintiff sued the court, requiring the defendant The first payment of medical expenses 106,100 yuan, litigation costs borne by the defendant.

It was also found that the plaintiff had applied to the Court before the prosecution, and the defendant China Ping An Property & Casualty Co., Ltd. Neijiang Branch had paid the first payment of 30,000 yuan (2012) Longquan Minzhi 1540 judgment. More than 2127.40 yuan. The defendant a transport company for the Sichuan K23289 vehicle in the defendant Ping An Finance and insurance company insured a limit of 200,000 yuan per passenger carrier liability insurance. The defendant a company for the Chongqing BA9851 vehicles in the Pacific Chongqing company insured a strong insurance (limit has been processed) and the limit of 500,000 yuan of commercial third party liability insurance, accidents occurred in the insurance period.

The fact that the original defendant's statement and the submissions submitted by the plaintiff, the hospitalization fee settlement notes, admission certificate, certificate of discharge and (2012) Longquan Min word 1540 verdict as evidence, the hospital is sufficient to identify.

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‍Case Analysis:

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The right to life and health of citizens shall be protected by law and shall be compensated according to law if the citizens are damaged by infringement. The defendant Wu Jinsong bear the main responsibility for the accident, Zhuo Yong bear the secondary responsibility of the accident, the plaintiff should be compensated for the loss.

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‍Case Result:

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The case of the plaintiff on the right side of the femoral head necrosis evidence that the traffic accident caused by the loss should be borne by the torturer. According to the traffic accident and the defendant's fault level, the defendant Wu and Zhuo a loss to the plaintiff by 7: 3 ratio. According to the plaintiff submitted the identification of submissions and the existing medical situation, the hospital temporarily confirmed the plaintiff temporary medical expenses 90,000 yuan for treatment until the plaintiff treatment after the end of the remaining losses, due to the Defendants Wu and Zhuo a driving vehicles in the defendant Pacific Insurance Company and the defendant Ping An company insured the corresponding insurance, which first by the two defendants to pay the insurance company to be the end of the plaintiff treatment after the end of the two insurance companies to pay the relevant costs and The defendant Wu and Zhuo a commitment should be re-dealt with. According to the above insurance limit, the defendant China Ping An Neijiang branch company to pay 63000 yuan (has to pay 30,000 yuan); defendants Pacific Chongqing branch to pay 27,000 yuan is appropriate.

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‍Related regulations:

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In accordance with the Law of the People's Republic of China on Tort Liability

Article 2 Whoever infringes upon the civil rights and interests shall bear tort liability in accordance with this Law.

The right to life, the right to life, the right of reputation, the right to reputation, the right to worship, the right to privacy, the right to marriage, the right of guardianship, the right of use, the right of security, the right of security, the copyright, the patent , Trademark exclusive right, discovery right, equity, inheritance and other personal and property rights.

Article 6 The perpetrator shall bear the tort liability for causing infringement of the civil rights and interests of others.

According to the law presumed that the perpetrator has a fault, the perpetrator can not prove that he is not wrong, should bear tort liability.

Article 11 Where two or more persons commit the same infringement, the infringement of each person is sufficient to cause all the damage, and the perpetrator shall be jointly and severally liable.

Article 48 If a motor vehicle is damaged by a traffic accident, it shall be liable for compensation in accordance with the relevant provisions of the Road Traffic Safety Law.

"People's Republic of China Road Traffic Safety Law"

Article 76 Where a motor vehicle causes a personal injury or property loss caused by a traffic accident, it shall be compensated by the insurance company within the limits of the compulsory liability of the third party liability of the motor vehicle. In the insufficient part, the liability shall be borne in accordance with the following provisions:

1. Traffic accidents between motor vehicles, by the fault of the party to bear the liability; both sides have fault, in accordance with the proportion of their respective responsibilities to share the fault.

2. motor vehicle and non-motor vehicle drivers, pedestrians between traffic accidents, non-motor vehicle drivers, pedestrians are not wrong, by the motor vehicle side of the liability; evidence that non-motor vehicle drivers, pedestrians have fault , According to the degree of fault appropriate to reduce the liability of one side of the motor vehicle; motor vehicle side is not wrong, bear not more than 10 percent of the liability.

The loss of traffic accidents is caused by non-motor vehicle drivers, pedestrians deliberately collided with motor vehicles, motor vehicle side is not liable for compensation.

"The Supreme People's Court on the trial of personal injury compensation cases applicable to the interpretation of a number of issues"

Article 17 Victims who suffer personal injury, expenses due to medical treatment expenses, and income due to loss of work, including medical expenses, loss of working time, care, transportation, accommodation, hospital food allowance, necessary nutrition , The indemnity should be compensated.

If the victim is disabled, the necessary expenses incurred in order to increase the need for life and the loss of income due to incapacity, including disability compensation, disability aids, the cost of living of the dependent, and the rehabilitation of the dependent Treatment of the actual occurrence of the necessary rehabilitation fees, care costs, follow-up treatment costs, compensation obligations should also be compensated.

The victim shall, in addition to the relevant expenses stipulated in the first paragraph of this Article, shall pay compensation for the expenses of the funeral expenses, the living expenses of the dependents, the compensation for the death and the expenses incurred by the relatives of the victims for the funeral expenses , Accommodation and loss of working days and other reasonable costs.

"Civil Procedure Law of the People's Republic of China"

Article 142 At the end of a court debate, a judgment shall be made in accordance with the law. Before the verdict can be mediation, but also can be mediation, mediation fails, it should be timely judgments.

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