Birthdays have become the death days of friends, and who is responsible for accidents after the part

Mondo Social Updated on 2024-02-26

It is true that we are lifelong friends and will try our best to help, but you have to pay more than 1 million, to be honest, the pressure is too great, the man died unexpectedly after a dinner, and his wife asked for millions in compensation, August 9, 2023 is Ah Jian's (pseudonym), according to the old rules, he and his friends who work together in the truck company have dinner and drink together to celebrate. Ah Kin's colleague Da Keung (not his real name) also came to the party with his two sons. During this time, Daqiang drank.

Three or four bottles of beer. At around 10 o'clock that night, Lao Fang (pseudonym) and Xiaofeng (pseudonym), who also came to the dinner, received a notice of temporary work, and the dinner ended in a hurry. Before leaving, Daqiang asked Xiaofeng for the electric car key, ready to send the child home first. On the way back to his residence on Xiaofeng's electric car, Daqiang suddenly heard his mobile phone ringing. He hit the curb when he was about to take out his mobile phone to answer, causing damage to the electric car, injuring two children, and Daqiang himself fell into a coma on the spot due to a head injury. After being sent to the hospital, Daqiang died after rescue efforts failed. The pillars of the family have fallen, and Daqiang's family can't accept this fact. In the opinion of Daqiang's wife Xiao Yun (pseudonym), the friends at the dinner knew that Daqiang had drunk and had two underage children, but no one took strong measures to prevent him from riding an electric car home, which led to the tragedy, and they should be responsible for Daqiang's accident.

As a result, Xiao Yun, Da Qiang's parents and two sons were the plaintiffs, and the five people who drank together with Da Qiang that night were sued to the court. The five defendants were required to compensate the plaintiff for death compensation, living expenses of dependents, funeral expenses, and solatium for mental damages, totaling more than 120 yuan. It was the friend's failure to dissuade him or his wife's delay in signing the death that caused the death of the defendant, who was willing to give some help. But for Xiao Yun's proposal of more than 1.2 million compensation, they felt unreasonable. Because they feel that they have fulfilled their obligations as co-drinkers and should not bear the responsibility for Daqiang's death.

Xiaofeng has the best relationship with Da Qiang, and he is Da Qiang's apprentice. He recalled that Daqiang asked him for the electric car key many times at the wine table, and even wanted to forcibly ride away after the wine party. Xiaofeng said that he rejected Daqiang's request. Ah Kin, the organizer of the party, also mentioned that his wife offered to help Daqiang take a taxi, and Daqiang agreed. However, because he went back to the house to clean up after the party, he didn't know what happened after Daqiang left.

In addition, Lao Tang (pseudonym), who attended the party together, added that Da Qiang's alcohol consumption has always been good, so on the surface, Da Qiang was not different from his usual state that night. But from the time they ate to the time Da Qiang rode on an electric car and left, they always discouraged Da Qiang from drinking and riding a bicycle after drinking, but Da Qiang insisted on it. The five defendants also said that after learning of Daqiang's accident, they rushed to the hospital as soon as possible to pay for his medical expenses. After that, they also helped to advance Daqiang's funeral expenses of 50,000 yuan. However, since Daqiang is dead, there is no evidence to prove the fulfilment of the defendant's alleged duty of dissuasion. At the same time, the five defendants believe that Xiao Yun is also responsible for Daqiang's death. It turned out that after Daqiang was taken to the hospital, he needed emergency surgery due to a serious head injury. But because Daqiang's two sons were still minors and there were no other family members at the scene, Ah Jian's wife had to go to Xiao Yun to sign for his operation. But Xiaoyun not only refused to go to the hospital slowly, but also refused to sign after arriving at the hospital, which made Daqiang delay the best rescue period and led to his final death.

The co-drinker bears the corresponding responsibility to reject the plaintiff's other claims, and the facts are really as the five defendants said, is Xiao Yun also responsible for Daqiang's death? Xiao Yun explained that she and her husband have a good relationship, and there is no reason not to save them. The reason why she was not in a hurry to go to the hospital was because the defendant told her at that time that Daqiang was fine. After arriving at the hospital, the hospital only provided her with a notice and did not ask her to sign it.

In this regard, Judge Zhang Yan went to the hospital for a field visit and learned from Daqiang's attending doctor that because the defendants were not Daqiang's family members, the doctor had no right or obligation to inform them of the specific situation of the patients, which led to the defendant's incorrect information about Xiaoyun. After Xiao Yun rushed to the hospital, Daqiang was still under observation, so Xiao Yun was never notified that she needed to come immediately to sign for the operation. Daqiang also died of cardiac arrest while waiting for the reexamination, which had nothing to do with Xiao Yun. On December 19, 2023, the Chuanshan District People's Court of Suining City, Sichuan Province determined in accordance with the law that the deceased Daqiang in this case should bear the main responsibility for the accident caused by driving a vehicle while drunk.

The five defendants failed to fulfill their obligations to remind, care for, and escort after drinking together with the deceased Daqiang. Therefore, Xiaofeng, who lent the electric car to Daqiang, and Ah Jian, the organizer of the dinner, should each bear 4% of the responsibility and compensate 40,446 respectively72 yuan and 39759$18. The other co-drinkers shall bear 1% of the liability, each shall compensate more than 2,000 yuan, and the plaintiff's other claims shall be rejected. After the judgment, none of the original defendants appealed, and the judgment is now in effect. Law popularization time Q1: In this case, Xiao Yun sued several friends who had dinner and drank with Da Qiang to court, so what kind of responsibility should they bear? A1: First of all, it is necessary to distinguish the main responsibility of the deceased himself, such as 90%, or even 95%. Co-drinkers may bear % or even 10%. But in reality, everyone's fault is not the same. In this case, the organizers of the party have been emphasizing helping to take a taxi, but they have not put it in place and have not effectively dissuaded it. The deceased's apprentice, Xiao Feng, not only did not succeed in dissuading him, but also provided an electric bicycle. Therefore, we believe that these two may have a relatively higher degree of fault in terms of circumstances. Although the other three co-drinkers did not strongly dissuade them, the degree of fault may have been relatively minor. Q2: What if you really encounter such a situation, for example, a few friends have dinner and drink together, and one of them wants to drive away after drinking, or ride an electric bicycle or a shared bicycle, and the co-drinker can't persuade him? A2: You can help him get a taxi, escort him home, stay with him for a while, or notify his family. In fact, this exhortation should be done in a way and in a way. Our ultimate goal is not to have any damage to our friends and relatives who have been drinking. We have also set relatively clear obligations in law for conduct. For example, in the process of drinking, you should not try to persuade and punish alcohol. After drinking, it is necessary to observe the physical condition of the drinker, discourage drunk driving, and if you feel unwell, you may need to send to the hospital in time and provide other care and other assistance obligations, so that we who are happy to have dinner together can also go home safely. **CCTV Today's Statement.

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