The court reduced the liability of the "goodwill ride-along" driver.
Worker **" (reporter Liu Youting, correspondent Li Yuxin) The "hitchhiker" of the exam made an appointment to drive to the test, and accidentally had a car accident, and one person was seriously injured, who will be responsible? Recently, the Xiangzhou District People's Court of Zhuhai City, Guangdong Province (hereinafter referred to as the Xiangzhou Court) concluded a case of injury caused by a car accident caused by Zhuhai's first "good intentions ride", and ruled that the driver should pay compensation for medical expenses, disability compensation, and mental damages.28More than 710,000 yuan, and reduce the liability for compensation as appropriate.
The reporter learned that Wang Dawei, Shi Jinli and Chen Zhi were college classmates, and the three of them signed up for the same exam. Because the test center is outside the school and the distance is a little far, the three test "hitchhikers" plan to rent a car and drive to the test room. On the day of the exam, Wang Dawei drove his classmates to the examination room in a rented car. However, due to careless driving, the vehicle slammed into the lamppost on the way, injuring three persons in the vehicle and causing damage to the vehicle and the lamppost.
Due to his serious injuries, Chen Zhi was immediately sent to the hospital for treatment, and then went to many hospitals to continue**, spending a total of 41 medical expensesMore than 940,000 yuan. It was determined that after the operation, his skull and right eye constituted a Grade 10 disability.
In this traffic accident, the traffic police department issued a "Road Accident Identification Certificate", determining that the driver Wang Dawei did not drive safely in accordance with the operation specifications and assumed full responsibility for the accident. Chen Zhi believes that the driver should pay him a total of 59 medical expenses, disability compensation, and moral damagesMore than 260,000 yuan.
I was a free driver to pick up my classmates, which was a good intention. In the face of the claim, Wang Dawei believes that Chen Zhi's serious injuries are mainly caused by his own reasons. On the day of the accident, Chen Zhi sat in the back seat, played with his mobile phone as soon as he got into the car, and turned a deaf ear to the reminder to fasten his seat belt, before he was seriously injured.
So, who should "pay" for this accident? After trial, the Xiangzhou court held that Wang Dawei drove the vehicle based on the friendship between the three people, performed the affairs free of charge, and did not charge any additional fees to the classmates, so it should be determined that a goodwill relationship between the driver and the passenger was formed without clarifying the allocation of responsibilities in advance and there was a high risk in the act.
The court held that although the Road Accident Determination found that Wang Dawei was fully responsible for the accident, the determination of liability was not completely equivalent to civil legal liability. The degree of the actor's fault needs to be comprehensively determined in light of the actual circumstances of the case and on the basis of the principle of attribution of responsibility in civil litigation. In the case of Chen Zhi's injury, Wang Dawei was certainly at fault, but it was not intentional or grossly negligent, and Chen Zhi's claim that he bear full liability for compensation violated the principle of fairness in civil activities and consistency of rights and obligations.
The court held that, in accordance with the provisions of the Civil Code, Wang Dawei's liability for compensation should be reduced. Comprehensively considering the specific circumstances of the bona fide ride in this case, the facts of the accident, and Wang Dawei's behavior of taking part of the responsibility on his own initiative, etc., his liability for compensation was reduced by 40% as appropriate.
After accounting, Chen Zhi's losses caused by the personal injuries involved in the case totaled 54More than 690,000 yuan, deducting the part that has been settled by the insurance and the part that Wang Dawei has advanced, the court ruled that Wang Dawei also needs to pay medical expenses, disability compensation, mental damage compensation, etc.28More than 710,000 yuan. After the first-instance judgment, neither party appealed, and Wang Dawei took the initiative to fulfill his obligation to pay compensation.
*:Worker**.