Mr. Wang suddenly fell ill while driving and collided with Mr. Zhang, who was riding a bicycle, causing Mr. Zhang to fall off the car and suffer multiple injuries to his body, and the medical expenses totaled more than 50,000 yuan. According to the traffic police department, the accident was a traffic accident, and neither party was responsible. However, the two parties had been unable to negotiate the amount of compensation, and Mr. Zhang sued Mr. Wang in court.
In this case, Mr. Zhang's injuries to the motor vehicle driven by Mr. Wang were accidental, and neither party was at fault in the accident. According to the law, if a traffic accident occurs between a motor vehicle and a non-motor vehicle driver or pedestrian, and the non-motor vehicle driver or pedestrian is not at fault, the motor vehicle party shall be liable for compensation. Therefore, the responsibility for the accident in this case should be borne by the motor vehicle party, i.e., Mr. Wang.
The legal basis is as follows:
Road Traffic Safety Law of the People's Republic of China
Article 76 Where a motor vehicle suffers from a traffic accident and causes damage to its body or property, the insurance company shall compensate within the limits of the liability limit of the compulsory third-party liability insurance for motor vehiclesThe insufficient part shall be liable for compensation in accordance with the following provisions:
2) In the event of a traffic accident between a motor vehicle and a non-motor vehicle driver or pedestrian, and the non-motor vehicle driver or pedestrian is not at fault, the motor vehicle shall be liable for compensation;If there is evidence to prove that the driver or pedestrian of the non-motor vehicle is at fault, the liability of the motor vehicle party shall be appropriately reduced according to the degree of fault;If the motor vehicle party is not at fault, it shall bear no more than 10% of the liability for compensation.
If the loss of a traffic accident is caused by a non-motor vehicle driver or pedestrian intentionally colliding with a motor vehicle, the motor vehicle party shall not be liable for compensation.
Civil Code of the People's Republic of China
Article 1166:Where the actor causes harm to the civil rights and interests of others, regardless of whether the actor is at fault or not, and the law provides that they shall bear tort liability, follow those provisions.
Article 1209 Where the owner, manager and user of a motor vehicle are not the same person due to leasing or borrowing, etc., and the damage caused by a traffic accident is the responsibility of one of the parties to the motor vehicle, the user of the motor vehicle shall be liable for compensationIf the owner or manager of the motor vehicle is at fault for the occurrence of the damage, he shall bear the corresponding liability for compensation.
Article 1213 Where damage is caused by a traffic accident involving a motor vehicle and is the responsibility of one of the parties to the motor vehicle, the insurer underwriting the compulsory motor vehicle insurance shall first compensate within the limits of the liability of the compulsory insurance;The shortfall shall be compensated by the insurer underwriting the commercial motor vehicle insurance in accordance with the provisions of the insurance contractIf it is still insufficient or has not taken out commercial insurance for motor vehicles, the infringer shall compensate for it.
Guogao reminds that the safety of pedestrians in road traffic is undoubtedly of paramount importance, and when both the driver and the pedestrian are at fault and injure the pedestrian, the provision that the motor vehicle bears full responsibility is more out of deep concern for the safety of pedestrians. However, it does not mean that in any case the motor vehicle must bear full responsibility, if the pedestrian runs a red light, crosses the road at will, does not follow the road, etc., in the event of an accident, it is necessary to bear the corresponding responsibility.