01 Judgment gist According to Article 119 of the Road Traffic Safety Law of the People’s Republic of China, “traffic accident” refers to the event of personal injury or property loss caused by vehicles’ fault or accident on the road, and “road” refers to roads, urban roads and places that allow social motor vehicles to pass though they are under the jurisdiction of units, including squares, public parking lots and other places used for public passage.
The author has been focusing on the research of road traffic accident cases for a long time.
In the first instance, it was not improper to identify the place where the accident occurred as a road and the accident in this case as a traffic accident.
Injury participation cannot mitigate or exempt the insurance liability! ◆ Litigation Practice of Traffic Accident Cases 10 If the driver of the insurance vehicle escapes without a license, the insurance company will not be exempted from liability! ◆ Litigation Practice of Traffic Accident Cases 11 If the victim died not due to a traffic accident after being disabled in a traffic accident, can his close relatives claim disability compensation as the plaintiff? ◆ Whether the court supports the traffic accident case litigation practice No.
Through sorting out the basic case, summing up the focus of controversy, and studying the judicial opinions, the author makes a legal assessment of this type of typical cases in order to provide legal help and promote the correct implementation of the law.
The existing evidence cannot prove that the site is a closed area where social vehicles are prohibited from passing.
Later, the defendant Dong dialed 120, and the plaintiff was sent to the 960th Hospital of the Joint Support Force of the Chinese People’s Liberation Army for treatment.
After the accident, the defendant, Dong, paid the plaintiff 170000.00 yuan, and the defendant, a property insurance company, paid the plaintiff 10000.00 yuan.
The accident involved in the case occurred on the construction site of the industrial and trade zone.
Review in the past ◆ Litigation Practice of Traffic Accident Cases 1.
02 Case index: Yucheng People’s Court (2021) Lu 1482 Min Chu No.
The article uses the relevant judicial documents of the road traffic accident cases in Dezhou City, which are published on the China Judicial Documents Network, as the case study materials.
This article is an original article by the author.
04 Is the accident involved in the focus case a traffic accident? The court held that according to Article 119 of the Road Traffic Safety Law of the People’s Republic of China, “‘roads’ refer to roads, urban roads and places that are under the jurisdiction of units but allow social motor vehicles to pass, including squares, public parking lots and other places used for public passage.’ Traffic accidents’ refer to cases of personal injury or property loss caused by vehicles’ fault or accident on the road.” In this case, the place where the accident occurred in Ju Town Industrial and Trade Zone of Yucheng City is not a place where vehicles and the public are not allowed to pass, which belongs to the category of roads.
Dong drove a vehicle that failed to fulfill his safety care obligations, causing the vehicle glass to overturn and injuring Wu who passed by, which should be a dispute over compensation for personal injury in motor vehicle traffic accidents, and should be handled in accordance with the relevant laws and regulations on compensation for personal injury in traffic accidents.
The perpetrator does not form a labor relationship with the employer, and the court still judges the employer to bear the liability of tort substitution! ◆ Litigation Practice of Traffic Accident Cases 8 After the employer assumes the liability for tort substitution, it can claim compensation from the tort staff! ◆ Litigation Practice of Traffic Accident Cases 9.
2455 03 Basic case ×××× When the truck was driving at the construction site of Ju Town Industrial and Trade Zone, Yucheng City, the glass on the truck was overturned due to the bumpy road and injured the plaintiff Wu who was walking along the road.
1233 Dezhou Intermediate People’s Court (2021) Lu 14 Min Zhong No.
On July 18, the defendant, Mr.
The accident identification letter was deemed as the same responsibility, but the court decided to bear the compensation liability according to 80% of the total! ◆ Litigation Practice of Traffic Accident Cases 2.
Dong also drove vehicles on the site at the time of the crime, it can be determined that the industrial and trade zone belongs to the category of roads that allow social vehicles to pass.
Dong, reported the case to the insurance company and called 110.
12, the loss of depreciation of accident vehicles? ◆ Litigation Practice of Traffic Accident Cases 13 If the rear car collides with the front car that has been stopped due to a traffic accident, the court will make a judgment that the rear car should compensate the front car for all the vehicle losses..
Vehicle involved Lu N-H ×××× The accident occurred during the insurance period when the defendant’s property insurance company simultaneously insured motor vehicle traffic compulsory insurance and 1 million yuan commercial tripartite insurance without deductible.
In combination with the fact that Mr.
According to Article 119 of the Road Traffic Safety Law of the People’s Republic of China, “‘roads’ refer to roads, urban roads and places that are under the jurisdiction of units but allow social motor vehicles to pass, including squares, public parking lots and other places for public passage”.
06 Case Evaluation This case involves the determination of the nature of personal injury caused by vehicles on the construction site.
High school students suffer from traffic accidents and claim compensation for “suspension loss”! ◆ Litigation Practice of Traffic Accident Cases 3 The accident identification document identified the electric vehicle as a non motor vehicle, and the application for identification of the attribute of electric vehicle in the lawsuit was not approved by the court! ◆ Litigation Practice of Traffic Accident Cases 4 The traffic accident victim has been investigated for criminal responsibility, and claims for emotional damages, and the court has awarded compensation! ◆ Litigation Practice of Traffic Accident Cases 5 Traffic accidents cause multiple disabilities, so determine the disability compensation index! ◆ Litigation Practice of Traffic Accident Cases The appraisal fee paid by the victim shall be borne by the insurance company according to the court decision! ◆ Litigation Practice of Traffic Accident Cases 7.
This accident conforms to the constitutive requirements of traffic accidents, and it is not improper to identify it as a traffic accident.
On July 20, the police station of Ju Town in Yucheng issued the Police Release Certificate.
The insured vehicle Lu N-H is allowed at the site where the accident occurred ×××× The appellant did not submit evidence to prove that the construction site was closed to public vehicles.
