Traffic police law enforcement causes accidents, who will be held responsible

Mondo Social Updated on 2024-01-29

Fang Xinyan is a battle-hardened traffic policeman, and he skillfully directs traffic like a baton on the busy streets. This has always been his duty and mission, and he knows that his work is about everyone's safety and convenience. The wind and rain of the years did not make him retreat, and he has been persistently guarding this mission.

However, on such an ordinary day, a middle-aged woman in black suddenly appeared in his sight. She rode an electric car not only ran a red light, but also sped down the motorway like black lightning. This move not only violates traffic rules, but also poses a potential threat to the lives of yourself and others. Fang Xinyan reacted quickly and began to chase the woman without hesitation.

After a few seconds, he finally caught up with her, grabbing her handlebars at once. The woman's name is Zheng Chunxiao, and when she saw the arrival of the traffic police, she quickly showed a flattering smile, and claimed that she ran the red light only because she was in a hurry, and asked Fang Xinyan to let her go and promise not to foul in the future.

Fang Xinyan is well aware that urgency is not a reasonable reason to violate traffic rules, and regardless of the reason, ignoring traffic rules will bring potential safety hazards to pedestrians. Although he can understand Zheng Chunxiao's difficulties, he has always adhered to the principle of law enforcement. He calmly told Zheng Chunxiao that it was his responsibility to punish the violations, so as to serve as a warning and education. So, he issued a $50 ticket.

However, to Fang Xinyan's surprise, Zheng Chunxiao refused to accept the fine, and claimed that her man had just died, she had an elderly mother-in-law and three children, and the fifty yuan was her family's food money for a week, and she really had no money to pay the fine. Fang Xinyan was deeply sympathetic to the plight of the people at the bottom, but he made it clear to Zheng Chunxiao that this was not a reasonable reason for violating traffic rules, let alone an excuse to evade responsibility. He hoped that Zheng Chunxiao would cooperate with the traffic police's law enforcement work to prevent things from deteriorating further.

However, Zheng Chunxiao became more and more excited, and even insulted Fang Xinyan with insulting words. After repeated warnings, Fang Xinyan still refused to accept the fine, and had no choice but to seize her electric car. At this point, the situation was completely out of control.

Fang Xinyan stepped forward to try to seize Zheng Chunxiao's electric car, Zheng Chunxiao struggled desperately, and the two had a fierce conflict, which eventually caused Zheng Chunxiao to fall to the ground, fractured the left ulna and olecranon, and suffered some damage to his head, with a 10-level disability.

Zheng Chunxiao was furious and decided to protect his rights and interests through legal means. She sued Fang Xinyan's traffic police team to the court, demanding compensation for various losses totaling 162748 yuan for medical expenses and other losses. After trial, the court held that Zheng Chunxiao's fracture was directly related to Fang Xinyan's pressure on the ground, which constituted an infringement. However, in view of Zheng Chunxiao's fault in the development of the matter, the court finally ruled that the traffic police team should pay Zheng Chunxiao 83,302 yuan for various losses.

Uncle Fang's point of view: Fang Xinyan, as a traffic policeman, strictly enforces the law, and should punish those who violate traffic rules to maintain traffic order and public safety. His fine for Zheng Chunxiao was justified because ignoring traffic rules could have serious consequences. Although Zheng Chunxiao is facing difficulties, this is not a reason to be exempted from responsibility, the law is fair and just, and should not be treated exceptionally for personal reasons.

Grandma Wu's point of view: Fang Xinyan's treatment of Zheng Chunxiao was too harsh, and she was directly pressed down, causing her fractures and injuries, causing great physical and economic losses. Although Zheng Chunxiao violated traffic rules, Fang Xinyan, as a law enforcer, should be more cautious and calm, and seek a way to reconcile rather than use violence. The court's judgment also proved Fang Xinyan's fault, and the traffic police team should bear the medical expenses and other losses to make up for Zheng Chunxiao's losses.

Combined with the plot and actions involved in the story, the following are the corresponding relevant legal provisions:

1.Violations of traffic rules prompt traffic police to impose penalties for violations: Article 56 of the Road Traffic Safety Law.

2.The right to warn and fine drivers who violate traffic rules: Article 14 of the Traffic Police Regulations of the People's Republic of China.

3.The driver's violation of traffic rules and causing endangerment of the lives of others constitutes a tort: Article 40 of the Tort Liability Law.

4.In dealing with traffic violations, the traffic police can impound the vehicles suspected of violating the law: Article 67 of the Road Traffic Safety Law.

5.Article 70 of the Road Traffic Safety Law stipulates that the traffic police shall use the traffic law enforcement powers granted by the state in accordance with the law when performing their duties.

The above legal provisions provide a certain legal basis and adjudication reference for the acts and disputes involved in this story. In this case, the judgment rendered by the court was weighed and concluded based on the circumstances of the parties' conduct and the degree of their respective faults. At the same time, this case also reminds us that no matter what kind of predicament we are in, we cannot violate traffic rules for personal gain, because it involves the safety of everyone's life. As law enforcers, traffic police must stick to their duties and maintain traffic order and the safety of the people. As pedestrians and drivers, we must also earnestly fulfill our obligations and responsibilities to jointly maintain traffic safety and social order stability.

Related Pages