Recently, the Shanghai No. 1 Intermediate People's Court concluded a dispute over the "opening of the door to kill" of online car-hailing passengers
Passenger Xiaoyang called an online car-hailing car, approaching the destination, the online car-hailing car stopped at the intersection and waited for the traffic light, Xiaoyang suddenly proposed to the driver that he wanted to get out of the car. After the driver, Mr. Wang, agreed, Xiao Yang opened the right door from the back, and Xiao Li, who was riding a battery car, happened to pass by on the non-motorized lane, and was caught off guard by falling out with the car.
According to the judicial appraisal, Xiao Li's head injury constitutes a grade 8 disability, and traumatic epilepsy (moderate) constitutes a grade 6 disability.
According to the traffic police department, the driver Mr. Wang bears the main responsibility for the accident, the passenger Xiaoyang bears secondary responsibility, and the owner of the battery car, Xiao Li, is not responsible.
Xiao Li filed a lawsuit with the court, demanding that the insurance company compensate more than 1.67 million yuan for medical expenses, disability compensation and other expenses within the scope of compulsory traffic insurance and commercial insurance. The driver Mr. Wang shall bear 70% of the compensation liability, the passenger Xiaoyang shall bear 30% of the compensation liability, and the online car-hailing company shall bear the joint liability for compensation.
According to the investigation, the car driven by the driver, Mr. Wang, at the time of the incident, was registered with the DMV department for non-operation in nature, and was registered for family use at the time of insurance. At the time of the incident, Mr. Wang was engaged in online ride-hailing services, but did not inform the insurance company.
The ride-hailing company argued that it had a new type of partnership with the driver and could not interfere with the driver's insurance. Passenger Xiaoyang caused the injury of a third person due to his own reasons, which has nothing to do with the online ride-hailing company.
The insurance company believes that it should not be liable for compensation within the scope of commercial third-party insurance.
The court held that the owner, Mr. Wang, had known in advance that the change in the nature of the use of the vehicle would cause the insurance company to refuse compensation after the accident. It can be determined that the insurance company exempted the accident from compensation within the scope of commercial third-party insurance. The ride-hailing company should be held liable for its failure to fulfill its audit duties, resulting in the external operation of vehicles that should not be used for operation, resulting in personal injury, and the inability to settle claims through insurance in a timely manner after the accident. The ride-hailing driver did not stop at a suitable location and reminded passengers to pay attention to the oncoming traffic behind them when opening the door. Passenger Xiaoyang did not fulfill his obligation to observe and avoid danger.
The court finally ruled that the insurance company should compensate the victim 198,000 yuan within the liability limit of the compulsory traffic insurance. The online car-hailing driver assumed 70% responsibility for the accident and compensated the victim more than 821,000 yuan. The ride-hailing company shall be jointly and severally liable for the above-mentioned compensation of the driver. Passenger Xiaoyang bears 30% of the responsibility and compensates the victim more than 352,000 yuan.
For this result, netizens quarreled
Some people feel that the driver is wronged
There are also those who argue that the verdict is fair
More netizens reminded: Be careful when you get out of the car and open the door
Online car-hailing "open door killing" accident
Should the platform be a cover-up?
Li Dingsheng, a lawyer at Zhejiang Westlake Law Firm, believes that the relationship between online ride-hailing platforms and online ride-hailing drivers determines what responsibilities the platform and drivers bear. If the car driven by the driver is purchased by the online car-hailing platform, the driver is a full-time person recruited by the platform, subject to the supervision and management of the platform, and the platform will pay the driver. This is a typical labor relationship, and the online ride-hailing platform should be responsible for traffic accidents at work.
In this case, the driver's irregular driving behavior was the direct cause of the accident, and the ride-hailing company also violated its obligations under the law to prevent danger and ensure operational safety. Together, the two resulted in damages, so the court ordered the platform and the driver to be jointly and severally liable for damages.
Who is more responsible, the driver or the open-door passenger?
Mr. Li believes that from the perspective of law and economics, who can best control risks can avoid accidents with the minimum prevention cost. Drivers can completely prevent passengers from getting on and off the bus by locking the front and rear doors. It is also possible to park on roads with safe exit conditions, and remind passengers to pay attention to the vehicles in front and behind before getting off. In this case, the ride-hailing driver failed to fulfill his obligation to prevent, protect and remind passengers to get off the bus in a safe place, and there is no problem in assuming primary responsibility. Placing the driver primarily responsible will enhance the driver's duty of care and help prevent accidents.
Similar tragedies have happened before↓↓↓
"Open the door to kill" kills people
The driver was sentenced to nine months for a traffic offence
On the morning of August 19, 2022, in Rudong, Nantong, Jiangsu, Wu drove a car to his own store and parked the car in a parking space in front of the store. When she got out of the driver's seat, a battery car came from behind, hit the door that had just been opened, and the person and the car fell to the ground, and died on the day of hospitalization.
The Rudong traffic police determined that Wu was primarily responsible for the accident. The Rudong Court held that the "Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China" clearly stipulates that the vehicle shall not open the door and get on or off the person before it is stopped; Doors must not be opened or closed to obstruct the passage of other vehicles and pedestrians.
In this case, Mr. Wu violated the traffic and transportation management regulations by getting out of the car without paying attention, and arbitrarily opening the door to obstruct others from driving on the road and causing death, and assumed primary responsibility, which constituted the crime of causing a traffic accident in accordance with the law. In view of the fact that Wu had confessional circumstances and voluntarily pleaded guilty and accepted punishment, he could be given a lighter punishment and a lenient punishment as appropriate in accordance with the law, and finally the court sentenced Wu to 9 months in prison.
Source: Orange Persimmon Interactive City Express, Xiamen Daily
Editor: Dinghui
Review: Lin Wei
Supervisor: Zhang Hengfeng
Guess you follow
●The Propaganda Department of the Ningde Municipal Committee of the Communist Party of China on the professional skills interview plan for the open recruitment of staff in public institutions in the first half of 2024 of Ningde Radio and Television Station
●Excellent! Ningde, a young man, was selected!
● Just now! Fujian College Entrance Examination Essay Questions Announced! Can you write......
●The famous scene of Ningde College Entrance Examination is here!
Disclaimer:
If the content of the article involves copyright and other issues related to the content of the work (including but not limited to video, audio, pictures, text, etc.), please contact this official account within 30 days, and we will delete the content as soon as possible. This article is for reference only and does not constitute any investment or application advice.