Kindness to let others hitchhike, who is responsible for the accident?

Mondo Social Updated on 2024-03-04

Ms. Zhang and Ms. Wang are colleagues. One day after work, Ms. Zhang said that she had something to do and wanted Ms. Wang to ride an electric car to take her home from work, and Ms. Wang agreed.

Unexpectedly, due to the slippery road and the speed of the car, the car fell down, causing Ms. Zhang to be injured. After the incident, Ms. Zhang was sent to the hospital, and spent a total of more than 10,000 yuan on medical expenses, expenses and other expenses. Later, Ms. Zhang sued Ms. Wang to the court, demanding compensation for her medical expenses.

After the trial, the court held that the fact that Ms. Zhang suffered physical injuries while traveling by ** means was clear, the evidence was credible and sufficient, and her losses should be compensated. Ms. Wang, as the driver of the vehicle in which Ms. Zhang was riding, had a unilateral accident during the driving process, causing Ms. Zhang's bodily injury, so Ms. Wang should be liable for compensation.

However, in this case, Ms. Wang's goodwill to ride with Ms. Zhang is a bona fide ride in law. According to the law, if a traffic accident involving a non-operating motor vehicle causes damage to an uncompensated passenger, it should be the responsibility of the motor vehicle, and its liability for compensation should be reduced. In summary, Ms. Wang's liability for compensation can be appropriately reduced for Ms. Zhang's losses.

The legal basis is as follows:

Civil Code of the People's Republic of China

Article 1217 Where a traffic accident involving a non-operating motor vehicle causes damage to a passenger without compensation, and it is the responsibility of the motor vehicle party, its liability for compensation shall be reduced, except where the user of the motor vehicle is intentional or grossly negligent.

Tengye reminds that friends who often drive with friends must remind friends to fasten their seat belts and never overload and speed, if there is an accident, the consequences cannot be afforded. I hope everyone can drive safely and arrive safely on every trip.

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