Attention residents of the airport area.
Always wear a helmet when traveling.
Remember!Remember!Remember!
"Don't be left to chance."
Case Study
Chen was driving a small car and collided with Gong, who was riding a two-wheeled electric vehicle but not wearing a helmet, resulting in Gong's injury, and the responsibility for the accident was determined that Chen was fully responsible for the accident, and Gong was not responsible.
After the accident, Gong was sent to the hospital for treatment, and it was determined that Gong was injured in a traffic accident and suffered a head injury, resulting in left lower limb paralysis, and he was hospitalized for more than 90 days, and the medical expenses alone cost more than 280,000 yuan.
Later, Gong went to the court to sue Chen and the insurance company of the accident vehicle, demanding compensation for various losses totaling more than 560,000 yuan.
Verdict
After trial, the court held that citizens' right to health was protected by law, and that plaintiff Gong was injured in the accident and that his lawful losses should be supported.
In this case, although the determination of the accident stated that "Chen bears all the responsibility for the accident and Gong is not responsible", the determination of accident liability cannot be equated with the allocation of responsibility in civil tort compensation, and the degree of fault of the actor should be comprehensively determined in light of the actual situation and in accordance with the principle of attribution of responsibility in civil litigation.
Gong was riding an electric carNot wearing a helmetAlthough it does not affect the determination of liability for the traffic accident, the main part of Gong's injuries in this accident has a direct and significant impact on the degree of his injuries in the head, so the Lushan County Court decided that Gong should bear 10% of his losses, and the insurance company shall pay 10% of his losses within the limit of compulsory traffic insurance, and Gong shall bear 10% of the insufficient part, and the remaining part shall be compensated by the insurance company to Gong within the limit of commercial third-party insurance.
Popularization of law class
Although not wearing a helmet does not affect the division and determination of responsibility for traffic accidents, it does not mean that the driver does not need to be liable for the consequences of the damage.
Article 1173 of the Civil Code of the People's Republic of China stipulates that if the infringed party is at fault for the occurrence or expansion of the same damage, the liability of the infringer may be reduced. Therefore, in a traffic accident, the victim who does not wear a helmet is also liable for civil liability. It is hoped that the general public will also abide by road traffic safety regulations when riding electric vehicles, travel safely and civilly.