The big tree hit the front cover of the car, and the difference in the car was a few centimeters int

Mondo Cars Updated on 2024-02-20

Mr. Hu was sitting on a sofa in the living room, clutching a copy of the court's decision in his hand. The frowning brow and the helplessness in his eyes made one wonder what was going on behind the scenes.

Back one spring two years ago, Mr. Hu drove his private car to his father-in-law's house as agreed in advance, preparing to take him to the hospital for medical treatment. Just as he was driving to a certain village section of Provincial Highway 331, a loud noise suddenly came, which frightened him and eagerly stepped on the brakes.

Subconsciously, he looked ahead, and a thick plane tree fell from the sky and slammed into the front cover of his car. Mr. Hu was so frightened that he broke out in a cold sweat, and the pores of his whole body seemed to be frozen. He realized that if he drove a little faster, the huge tree would hit his own body sitting in the cab. This fact reminded him of his own family, would they be sad and tearful for themselves? Mr. Hu sat in the car for a long time before he came to his senses. After getting out of the car, he hurriedly called the police, and the traffic police quickly arrived at the scene.

After the accident, after ensuring Mr. Hu's safety, the rescue vehicle towed his car to a nearby auto repair shop for repairs. After a few days of repairs, the car was finally repaired. However, in order to get his car back on track, Mr. Hu had to pay 500 yuan for towing and 27,800 yuan for vehicle maintenance, a total of 2830,000 yuan. Mr. Hu did not argue about this, he felt that as long as his life was still alive, he could earn back these money and property.

However, when he found the accident liability certificate and the proof of payment for the car repair, hoping to claim compensation from the Highway Bureau, he encountered a series of troubles. The Highway Bureau said that the management of this section of the road does not belong to them, but falls under the jurisdiction of the Forestry Department. So, Mr. Hu had to go to the Forestry Bureau again, hoping to solve the problem. However, the staff of the Forestry Bureau told him that the management of this section of the road had nothing to do with them and that the town ** should be responsible.

Mr. Hu went to the town again, hoping to find a solution. However, the staff turned a deaf ear to his requests, treated him indifferently and dismissively, and told him that he should go to the local village committee to claim compensation. Mr. Hu's mood began to burn, he did not expect that this seemingly simple matter would turn into an endless game of getting rid of responsibility.

After coming to the village committee, Mr. Hu faced a new dilemma. Village committee staff claim that their jurisdiction is clearly demarcated, and that the jurisdiction of each section of the road should belong to the corresponding villager group. Therefore, Mr. Hu could only continue to reluctantly go to the villagers' group, hoping to find a solution.

However, what he awaited was an even more desperate answer. The villagers' group also ignored his requests, claiming that they were only responsible for the management and maintenance of their own villagers, and that Mr. Hu was not under their jurisdiction.

Mr. Hu stood in despair and helplessness, watching his rights being pushed around, and he felt that there was no point in continuing to run. And deep down, he couldn't accept such treatment. He decided to bring these evaders to justice, take them to court together, and let the court decide the question of attribution.

After a long litigation process, the court finally ordered the village committee to compensate Mr. Hu for economic losses such as towing fees and vehicle maintenance costs. However, Mr. Hu's claim for transportation expenses was denied.

Uncle Guo's view: Mr. Hu should be compensated.

1.Mr. Hu was driving a private car to his destination as agreed in advance, and he encountered an unavoidable accident on the way, which was obviously caused by the failure of the public facility (i.e. the plane tree). According to common sense, sycamore trees are planted and managed by the relevant departments, so the responsibility should be borne by the relevant departments.

2.Although the Highway Bureau, the Forestry Bureau, the town ** and the village committee all said that they had nothing to do with the matter, such a prevarication of responsibility is really unacceptable. Whether it is by administrative division or division of responsibilities, they should have a corresponding coordination mechanism to solve similar problems, rather than leaving them to other departments or organizations. Mr. Hu traveled to so many places and spent a lot of time and energy, which was obviously caused by their incompetence and perfunctory attitude.

3.The court ordered the village committee to compensate Mr. Hu for his economic losses in accordance with the law, which proved that Mr. Hu's request was reasonable. The economic loss is directly related to the cause of the accident, so Mr. Hu needs to be compensated accordingly.

Aunt Du's opinion: Mr. Hu cannot claim transportation expenses.

1.The sudden fall of a sycamore tree is an unexpected event that cannot be completely avoided and cannot be completely avoided, so there is no responsible party. Mr. Hu cannot pass on the loss of such an accident to others. He should be responsible for the cost of repairing and towing the car, which should have been borne by the owner.

2.Although the blame-shifting behavior of the relevant authorities is inappropriate, this does not mean that they are responsible for the accident. They simply provided information on the scope of the relevant jurisdiction, which Mr. Hu could use to continue to search for the responsible party instead of taking them directly to court.

3.The court only ordered the village committee to compensate Mr. Hu for economic losses, and rejected his claim for transportation expenses, indicating that the court also held that the transportation expenses had nothing to do with the direct cause of the accident. Mr. Hu's claim was too demanding and had no legal basis.

The legal issues involved in this case mainly include:

1.Law on Liability for Damages: According to Article 11 of the Law, a person who causes property losses to others due to illegal acts shall be liable for damages in accordance with the law. In this case, Mr. Hu was injured by the collapse of a tree on the highway, and the forestry department, the highway bureau, the town ** and the village committee should bear tort liability.

2.Administrative Responsibility Law: According to the provisions of Article 26 of the Law, administrative organs and their staff shall not violate the law, abuse their powers, derelict their duties, derelict their duties, and not suppress and frame them, and provide fair and efficient services to the people with thoughtfulness and enthusiasm. However, the staff member in this case clearly violated the above provisions, ignored Mr. Hu's request, shirked his responsibility, and should bear the corresponding administrative responsibility.

To sum up, for Mr. Hu, although he received some compensation in the court, he was denied the request for transportation expenses. This ending is still imperfect for him, but this case has also triggered people's thinking and discussion on the attribution of responsibility, and provided a reference for the handling of similar cases. After all, while safeguarding individual rights and interests, we also need to pay more attention to safeguarding public responsibility and social morality.

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