In today's headlines@头条帮忙 received feedback from user Mr. Yuan that his 6-year-old son was unfortunately run over and killed by a truck at the beginning of this year, although he was later paid by insurance, and the driver who caused the accident was also detained for negligence causing death, but the platform believes that it only exists as a freight intermediary information matchmaking role and is not responsible.
A 6-year-old toddler was playing in front of his store and was run over to death by a cargo puller after falling
Five months have passed since the incident, but the cruel reality of losing the child has made it difficult for Mr. Yuan's family to get out of the pain.
Mr. Yuan, a user of Toutiao, runs a store in a village in Yuanshan Street, Longgang District, Shenzhen, and his 6-year-old son is the only child.
Mr. Yuan's 6-year-old son Photo courtesy of the interviewee
However, the accident on January 30 ruined the family's original happiness. "At that time, we were preparing to take our children home for the Chinese New Year." Mr. Yuan painfully recalled that the incident happened at about 10:30 a.m. that day, when the adults were busy, and his 6-year-old son and a child next door were playing in the open space outside the store. ”
Mr. Yuan said that at the time of the incident, the child accidentally fell in front of a parked truck while playing, but unfortunately, at that juncture, the driver started the vehicle when he got into the car and did not find the child on the ground in front of the car, resulting in the tragedy.
Hearing the news, Mr. Yuan quickly rushed to the scene and desperately picked up his son and sent him to the hospital, but the cruel thing is that after some rescue, the doctor declared the child dead. "After the driver found out that something was wrong, he got out of the car and picked up the child, but he should have found that the injury was serious and put it back on the ground." Mr. Yuan said that in addition to running over his children, the accident also injured the children of the neighbors.
The vehicle involved in the accident Photo courtesy of the interviewee
The identification of the cause of death by the local police showed that the deceased Yuan Moumou died of severe head injury caused by blunt force on the head (which can be formed by a vehicle).
The tragedy happened at the door of the store, and the family could not face it, and the children's grandparents were in their 70s and fell ill due to excessive sadness. The storefront, which had been in operation for 6 or 7 years, could no longer be operated, and the family lost its only source of income.
The traffic police determined that the driver was fully responsible and was transferred to the procuratorate for negligence causing death
According to Mr. Yuan, after the incident, the local traffic police department and the police station intervened, and the traffic police department determined that the driver was fully responsible, and the public security organ opened a criminal case.
Mr. Yuan failed to obtain the official accident responsibility determination letter from the traffic police department, but the police handling the case of the traffic police department also informed the identification of the accident, "They said that with reference to the opinions on the division of responsibility for traffic accidents, the driver who caused the accident did not check around the car according to the regulations before getting into the car, and did not find that the existing danger was the direct cause, so he was fully responsible." Mr. Yuan said that the traffic police told him that he had submitted a letter of opinion on the division of responsibilities to the police station, and that he could find them if he was involved in civil litigation or court needs in the future.
"The Public Security Bureau opened a criminal case and transferred it to the procuratorate for prosecution." Mr. Yuan said. According to the notice of procedural rights and obligations of the juvenile victim issued by the Shenzhen Longgang District People's Procuratorate received by Mr. Yuan, the case of criminal suspect Tan X suspected of negligence causing death has been transferred to the Shenzhen Municipal Public Security Bureau Longgang Branch for review and prosecution.
The insurance company paid 1.18 million yuan, and the relatives wanted to hold the platform accountable
After the accident, Mr. Yuan and the parents of another injured child jointly applied for insurance compensation, and under the coordination of the local government department, Mr. Yuan was compensated 1181455 yuan, "According to the law, the death compensation in Shenzhen is about 1.7 million yuan, but the car insurance of the accident car is 1 million yuan, and the compulsory traffic insurance is 200,000 yuan, and the insurance can only pay more than 1.18 million yuan." Mr. Yuan said that the local petition department suggested that he go to the platform to further protect his rights.
"The relevant functional departments came forward to coordinate the negotiation with the company, but the other party had a very tough attitude, saying that they were not responsible." Mr. Yuan said that he had also called the customer service of the truck, and the staff said that the relationship between them and the trucker was only a loose relationship with the information provided, so there was no responsibility.
In early June, Mr. Yuan reported to the Transportation Bureau of Futian District, Shenzhen, where the company was registered, that the other party had replied in writing to accept the matter, and had not yet given any handling opinions.
Mr. Yuan believes that the trucks are all sprayed with eye-catching trucking logos, which are obviously the proprietary vehicles of the trucking platform, so in addition to the vehicle insurance compensation, the platform should also compensate the remaining compensation according to the Shenzhen death compensation standard. In addition, the loss of the child is irreparable for the mental suffering of the whole family, and the company is required to pay humanitarian compensation.
Lala has pledged "assistance" and the transport department has stepped in to coordinate
On June 28, a reporter from Huashang Daily Gale News contacted the local Heao Police Station, and the police said that the case had been transferred to the procuratorate for prosecution, and it was inconvenient to respond more.
"We have a cooperative relationship with the driver, that is, the user has a car demand, and we give the information to the driver." The customer service of Lala said that before the platform drivers joined, the local branches would contact the drivers for a training session. The customer service staff said that he could not respond to the accident that occurred on January 30, leaving the contact information of the reporter and saying that someone would respond. As of press time, the reporter has not received a response.
On June 28, under the organization of the local government department, the platform had an interview with Mr. Yuan. In the meantime, the staff of Lala still emphasized that the relationship between them and the drivers and users is only the matching relationship of freight information, and only provides a guarantee and assistance to the driver or the goods, and if the third party is not within the assistance of the platform, the driver is responsible for such a thing in accordance with the regulations and legal definitions. At the same time, he said that he was deeply sympathetic to the plight of Mr. Yuan's family, "If the insurance cannot fully pay and the driver is unable to pay, the person concerned can apply for an assistance from the platform." ”
A staff member of the Futian District Transportation Bureau said in an interview with reporters that the bureau had indeed accepted the matter and that the relevant processing was ongoing. He said that according to the platform, they are indeed in an intermediary information matchmaking relationship. Regarding the party's question that the cargo lala body has a conspicuous "cargo lala" logo, but the platform only admits that it is a loose cooperative relationship, the staff member said that the bureau has also discussed this many times. "For platforms like Lala, we will have an appointment every month, and we will put forward some requirements for them at the meeting."
Lawyer's statement: If the platform is found to have failed to fulfill its security obligations, it shall be liable for compensation
According to public information, on May 9, a young child was run over and killed by a child in a community in Luohu District, Shenzhen.
Zhao Liangshan, a senior partner of Shaanxi Hengda Law Firm and a well-known public interest lawyer, believes that the cargo pulling platform, as an e-commerce platform for the intermediary introduction of freight resources, has the obligation to ensure that the transportation services provided to freight users meet the requirements of personal and property safety in accordance with the relevant provisions of the E-commerce Law. However, whether the cargo pulling platform is responsible in the car accident cannot be generalized and depends on the specific situation. Of course, the cargo pulling platform can't be pushed away.
Zhao Liangshan said that according to Article 13 of the E-Commerce Law, the goods sold or services provided by e-commerce operators shall meet the requirements for protecting personal and property safety and environmental protection requirements. Paragraph 2 of Article 38 of the Law stipulates that if an e-commerce platform fails to fulfill its obligation to ensure the safety of consumers, causing harm to consumers, it shall bear corresponding liability in accordance with the law. and the first paragraph of Article 30 of the Law, which stipulates that e-commerce platform operators shall take technical measures and other necessary measures to ensure their network security and stable operation. It can be seen that whether the platform has fulfilled its safety and security obligations is a decisive factor in examining whether the platform is responsible.
What is a security obligation? Zhao Liangshan said, for example, does the cargo pulling platform fulfill the corresponding audit obligations for the compliance operation and other specific links in the process of registered driver transportation? Does the platform provide monitoring of the corresponding technical measures for the entire transportation process? When the registered driver does not require the freight user to fasten the seat belt and deviates from the navigation many times, has the cargo pulling platform taken the necessary technical measures or other necessary measures to correct it? If the platform fails to fulfill the above obligations, it shall be deemed to have failed to fulfill the security obligations and shall be liable for compensation. Specifically, in this case, whether the platform is responsible or not needs to be combined with the relevant case facts to disclose information and judge the complete facts of the case before it can be concluded.
Zhao Liangshan said that the Ministry of Communications and the State Administration of Taxation have promulgated and implemented the "Interim Measures for the Operation and Management of Road Cargo Transport on Online Platforms", which only regulates the operation of operators to rely on the Internet platform to integrate and allocate transportation resources, sign transportation contracts with shippers as carriers, entrust actual carriers to complete road cargo transportation, and assume the responsibility of carriers for road cargo transport business activities, but does not regulate the behavior of providing information intermediary and transaction matching services only for shippers and actual carriers. This shows that there are still deficiencies and loopholes in the supervision and mechanism of freight platforms, which is one of the important reasons why freight platforms fail to adopt very strict safety management measures like online ride-hailing platforms, and this is also the reason why the public has high complaints about the lack of responsibility for freight platforms. Therefore, the follow-up is still to be filled by the legislative department to fill this legal gap and strengthen the supervision of freight platforms.
Huashang Daily Gale News reporter He Nan editor Li Zhi
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