What is going on with an elderly man riding a bicycle and falling, and the SUV driver is responsible for not touching it?
Recently, a septuagenarian in Hefei, Anhui Province, was riding an electric car on the road and accidentally fell when he encountered an SUV turning right in the opposite direction.
Although there was no direct contact between the two vehicles, the SUV was ultimately judged to be secondary responsibility by the traffic police. The handling of this traffic accident surprised many people, the driver stopped and got out of the car to help the old man up, and the traffic police's verdict made netizens think that such a punishment seemed unfair. Although the driver does not need to spend money, many netizens think that such a penalty is accused of favoring the elderly and deliberately holding the SUV owner responsible.
The elderly themselves ride an electric car is a retrograde, and they should bear the main responsibility, although the SUV did not contact the collision, why should it bear some responsibility?Here's a decryption of the group for you!
1. What is the basis for the traffic police to determine secondary responsibility?
According to Article 119 of the Road Traffic Safety Law of the People's Republic of China, the so-called "traffic accident" refers to the event of personal or property damage caused by the fault or accident of the vehicle on the roadTraffic accidents have no necessary relationship with whether a collision occurred: in other words, "contact, collision" is not a prerequisite for constituting a traffic accident and for liabilityAs long as it is proved that the old man was injured in this fall and has a causal relationship with the driving behavior of the SUV owner. SUV owners should be held accountable.
2. Why do SUV owners need to bear civil liability?
Article 182 of the Civil Code stipulates that if damage is caused by emergency avoidance, the person who caused the danger shall be liable.
Emergency avoidance refers to the act of rescuing others that harms the interests of others as a last resort for the sake of the public interest, the personal or other legitimate rights and interests of oneself or others from the danger that is occurring. In this case, although there was no direct contact between the two parties, such as scraping, collision or crushing, the elderly man was injured by falling and avoiding the SUV vehicle by taking emergency avoidance behavior, and the SUV owner should bear the corresponding compensation.
Implications of this case:In the event of a traffic accident, although there is no physical collision between the parties, it is also a form of traffic accidentContactless traffic accidents". No contact is not the same as no responsibilityAs long as the parties are at faultBehavior is present in traffic accidentsCausation, should bear the corresponding responsibility.
Therefore, when you encounter a traffic accident, as a victim, you must pay attention to the fact that it is not only the "contact collision" that causes your injury, but also the emergency avoidance situation. At this time, you have to take up the law to protect your own rights and interests!
4. Legal Terms:
Article 119 of the Road Traffic Safety Law of the People's Republic of China, the following terms in this Act have the meanings:
1) "Road" refers to highways, urban roads, and places that are within the jurisdiction of the unit but allow the passage of social motor vehicles, including squares, public parking lots, and other places used for public traffic.
2) "Vehicle" means motor vehicle and non-motor vehicle.
3) "Motor vehicle" refers to a wheeled vehicle that is driven or towed by a power unit and driven on the road for personnel or for transporting goods and carrying out special engineering operations.
4) "Non-motorized vehicles" refers to vehicles that are driven by human or animal power and driven on the road, as well as motorized wheelchairs, electric bicycles and other means of transportation for the disabled that are driven by power units but are designed to meet the top speed, empty mass, and external dimensions of the relevant national standards.
5) "Traffic accident" refers to the incident of personal or property damage caused by the fault or accident of the vehicle on the road.
Article 182 of the Civil Code of the People's Republic of China: Where damage is caused by emergency avoidance, the person who caused the danger shall be liable. The danger is caused by natural causes, and the emergency evacuator does not take responsibility or give appropriate compensation. Where the measures taken for emergency evacuation are improper or exceed the necessary limits, causing undue harm, the emergency evacuee shall bear appropriate civil liability.