After the college entrance examination
Some students will choose to go to summer jobs
In the event of a traffic accident at work
Who is responsible?
Case review
Defendant Yang is a graduate who just completed the general college entrance examination in 2023, and was temporarily employed by a defendant company to work as a summer job to distribute leaflets for the company. On June 17, 2023, after finishing work, Yang drove a two-wheeled electric vehicle on his way back to the company to clock in and out of work, and collided with pedestrian Cheng, causing a traffic accident in which Yang and Cheng were injured and the vehicle was damaged. The local traffic police brigade determined that Yang was fully responsible for the accident, and Cheng was not responsible for the accident.
After Cheng was injured, he was sent to the hospital for 23 days of hospitalization the next day, spending a total of more than 12,000 yuan in medical expenses. Later, after judicial appraisal, Cheng's missed work period was 120 days, the nursing period was 90 days (one person), the nutrition period was 90 days, the follow-up treatment fee was 10,000 yuan, and Cheng spent 1,587 yuan on the appraisal fee. After the accident, Yang paid 7,943.22 yuan in advance for Cheng's medical expenses. For the remaining losses suffered by Cheng, the two parties did not reach an agreement on compensation, and Cheng sued the court.
Heard by the courts
After trial, the Xingan County People's Court held that citizens' physical rights and property rights are protected by law. After the accident in this case, the responsibility determination made by the traffic police department was not improper. Plaintiff Cheng has the right to demand that the relevant responsible person bear the liability for compensation in accordance with the provisions of the law for the lawful losses he suffered.
The two-wheeled electric vehicle driven by the defendant Yang was not insured by any insurance, and Yang was fully responsible for the accident. Mr. Yang, a summer worker hired by the defendant's company, had an accident on his way back to the company after distributing leaflets to the company. Although the two-wheeled electric vehicle driven by Yang was not distributed by the company, Yang chose to ride his own electric vehicle considering that the destination of the leaflet distribution was far away from the company's road, which was not malicious, and the company had no evidence to prove that it had given Yang an instruction to prohibit driving at that time, so the defendant Yang's behavior when he drove back to the company to clock in and out of work after distributing the leaflets for the company still belonged to the scope of performing work tasks. The loss caused by Yang's driving should be borne by the defendant company as the employer.
After verification, the plaintiff Cheng suffered a total of more than 40,000 yuan. The court ruled that the defendant company should compensate Cheng for the above-mentioned losses totaling more than 40,000 yuan.
After graduation, I worked for a summer job
Security awareness should be raised
Strictly comply with relevant laws and regulations
Avoid traffic accidents
Employers
For student summer jobs
Safety education should be strengthened
Source: Jiangxi Court, Comprehensive Xingan Court