Speeding, backseat loading, forcible overtaking, and driving without traffic lights are the main factors of traffic accidents caused by non-motor vehicles in recent years.
Wang Ying, a guest on this issue of the "I'll Help You" program, a national mediation expert, chief mediator of Shanghai, and full-time mediator of the Minhang District Traffic Accident Mediation Committee, once again reminded the public to drive non-motorized vehicles cautiously through a traffic accident caused by non-motor vehicle overtaking mediated recently.
Guest of this issue. 
He is a national mediation expert, the chief mediator of Shanghai, and a full-time mediator of the Minhang District Traffic Accident Mediation Committee.
Wang Ying. One day in June 2021, Xiao Zhang (pseudonym) was riding an electric car to rush to work, and when he saw Aunt Gao (pseudonym), who was driving normally next to him, was driving too slowly, Xiao Zhang accelerated to overtake Aunt Gao. But when overtaking, the right side of Xiao Zhang's electric car rubbed against the left side of Aunt Gao's electric car, causing Aunt Gao to be injured and fall to the ground, and the two cars pressed heavily on Aunt Gao's body.
After receiving the police, the traffic police rushed to the scene as soon as possible to deal with it, and called 120 ambulance to urgently send Aunt Gao to the hospital**. The doctor preliminarily diagnosed Aunt Gao with a fracture of the left femoral neck, a fracture of the distal right radius, and multiple fractures of the left foot.
Through the investigation and evidence collection of this accident and the analysis of the causes of the accident, it was determined that Xiao Zhang's behavior of driving an electric bicycle to obstruct the normal driving of the overtaken vehicle when overtaking the vehicle in front had a direct causal relationship with the accident, so Xiao Zhang assumed full responsibility for the accident, and Aunt Gao was not responsible.
After the incident, Aunt Gao was immediately admitted to the hospital for surgery**, during which she spent a total of more than 60,000 yuan in medical expenses and surgery fees, all of which were paid by Xiao Zhang. Aunt Gao has been recuperating at home after the operation, and the follow-up compensation has not been properly negotiated by the two parties.
In June 2023, after nearly two years of recuperation, Aunt Gao felt that her physical condition had not completely improved, and she could not go out to work, so she contacted Xiao Zhang's mother and came to the Minhang District Traffic Accident Mediation Committee for help and consultation on the follow-up ** and compensation plan.
Aunt Gao said that due to the traffic accident, she has been unable to walk and has pain in her left hip, and the doctor suggested that she should undergo a second surgery to replace the hip joint, hoping that Xiao Zhang can pay for the operation and reasonably compensate for her losses totaling 500,000 yuan.
Xiao Zhang's mother believes that the doctor had informed her at the first operation that Aunt Gao's family has inherited osteoporosis, and there is no guarantee that her symptoms will be completely relieved in the future after surgery, and that the hip replacement surgery is not necessarily related to the original traffic accident, and the high compensation of 500,000 yuan proposed by Aunt Gao is difficult for her to accept.
Wang Ying explained that the determination of the amount of compensation needs to be based on the injury, in accordance with the relevant national law "Civil Code of the People's Republic of China" Article 1179, if the infringement of another person's personal injury, he shall compensate for medical expenses, nursing expenses, nutrition expenses, transportation expenses, hospital meal subsidies and other reasonable expenses for ** and **, as well as the loss of income due to lost work. If the disability is caused, compensation shall also be made for the cost of disability living aids and disability compensation. If death is caused, funeral expenses and death compensation shall also be compensated. Now Aunt Gao's follow-up medical conditions are not clear, if the two parties cannot reach an agreement, they can first ** and do a disability appraisal, so as to clarify the final compensation result.
According to Wang Ying's suggestion, Aunt Gao was admitted to the hospital for left hip replacement surgery in September last year, and in December last year, she commissioned an appraisal agency to evaluate her injuries, and also analyzed and judged her participation in traffic accidents.
The judicial appraisal opinion clearly stated: the appraised person Gao Moumou suffered a fracture of the left femoral neck due to trauma, and suffered avascular necrosis of the left femoral head after surgery, and after joint prosthesis replacement again, he was assessed as a grade 9 disability; Fracture of the distal right radius and ulnar styloid process, after surgery**, the remaining wrist joint function is lost by more than 25%, and it is assessed as a grade 10 disability.
The identified person, Gao, had a pathological basis for avascular necrosis of the left femoral head (left femoral neck fracture), and imaging found avascular necrosis of the left femoral head about one year after the injury, which was consistent with the pathological development process; Secondly, according to the available materials, it cannot be proved that the identified person has other factors that can cause non-traumatic femoral head necrosis.
Based on this analysis, it is believed that there is a direct causal relationship between the avascular necrosis of the left femoral head of the appraised person Gao and the traffic accident that occurred in June 2021, and the trauma is a complete effect.
According to the conclusion of the judicial appraisal opinion, Wang Ying calculated a compensation plan for both parties: Xiao Zhang, the perpetrator, compensated the injured Aunt Gao more than 440,000 yuan at one time, deducting more than 60,000 yuan in advance, and actually compensated Aunt Gao 380,000 yuan.
Wang Ying reminded the general public that traffic accidents often occur in an instant, in order to create a good traffic environment for you and others, please abide by traffic rules, travel safely and cautiously.