At 16:45 on the same day, when he reached 8 km+50 m from the X County Road in Libo County, the minivan drove off the right side of its driving road, causing the minivan to crash into the valley, causing the death of the driver Luo Mou and vehicle damage.
The top surface of the retaining wall is also not equipped with guardrails.
Article 128 of the Civil Code of the People’s Republic of China is linked to Article 1258 of the Civil Code of the People’s Republic of China.
The top surface of the new retaining wall is 1.5m higher than the original road.
The judge reminded that in life, accidents causing personal injury by road construction often occur.
In this case, the construction site of a highway construction company in Guizhou was a public road, and from the photos taken by the local public security and traffic police during the investigation of the traffic accident site, it can be seen that at the time of the accident, the construction of the accident section was not completed, the road surface was not leveled, the top surface of the retaining wall was not installed with guardrails, there was a large gap between the end of the retaining wall and the old road, and no barriers were placed, which had potential safety hazards.
A close relative of Luo Moumou believed that the construction unit at the place where the accident occurred did not set warning signs as required, did not take safety precautions, and was at fault, and should bear 30% of the responsibility for the accident, so he sued a Guizhou highway construction company to the Libo court for compensation of 345648 yuan.
If the constructor can prove that obvious signs have been set up and safety measures have been taken, and that the apparent degree of these signs and measures are sufficient and reliable enough to enable anyone to avoid damage with normal attention, he will not be liable.
After hearing, the court ruled that the constructor should bear the liability for infringement if the excavation, repair and installation of underground facilities in public places or roads, and the absence of obvious signs and safety measures caused damage to others.
In addition, everyone should drive carefully when encountering road construction while driving, pay attention to observation and avoidance, avoid accidents, take a caution on the road, and take a warm group home! Source: Libo Court.
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The new connecting line surface is 12m wide, which is a second-class highway.
Considering the cause of the accident in this case and the fault degree of both parties, the close relatives of the plaintiff Luo Moumou claimed that the defendant should bear 30% of the responsibility for the accident in this case, which was supported by the court.
The retaining wall on the left side of the new road LK1+000+LK1+080 is 80m long.
Recently, the People’s Court of Libo County held a public hearing to settle a dispute over personal injury compensation for the driver’s death due to the road builder’s failure to set up obvious signs and take safety measures as required.
One day, Luo Moumou drove a minivan from a town in Libo to the direction of Libo County.
According to the investigation and hearing of the court, County Road X and a highway in Libo meet at level crossing at LK0+100.
The outer side of the original road is widened by 4.5m.
The defendant, a highway construction company in Guizhou, denied that the section where the accident occurred was within the scope of its construction, and it was not obliged to set up warning signs and take safety measures, so it did not bear the liability for compensation.
Chinese law applies the principle of presumption of fault to the tort liability for damage caused by ground construction.
The backfill area is only backfilled with earth and stone, which has not been leveled.
There is a 3.5m wide abutment backfill area between the new and old subgrade.
Luo Moumou’s failure to fulfill his duty of safe and prudent driving when passing the accident section is the main reason for the accident, and he should bear the main responsibility for the accident.
If the excavation, repair and installation of underground facilities in a public place or on a road causes damage to others, and the constructor cannot prove that it has set up obvious signs and taken safety measures, it shall bear the liability for infringement.
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After the judgment of the first instance was made, neither party filed an appeal, the judgment has come into force, and the defendant has fulfilled all the compensation obligations after being urged by the court.
The road surface of the crossed County X is 7.5m wide, which is a third-class highway.
Basic case A highway construction company in Guizhou undertook a highway project in Libo County.
Therefore, it should be determined that the defendant was at fault for the occurrence of the accident in this case and should bear the corresponding tort liability.
At the same time, according to the relevant facts and legal provisions, the Libo court decided that the defendant should pay compensation for the death of five close relatives of Luo Moumou (including the living expenses of the dependants), funeral expenses and spiritual damage compensation totaling 333648 yuan.
In the litigation process of this case, the defendant, as the constructor of the accident section, also failed to provide evidence to prove that it had set up obvious signs and taken safety measures at the accident section, and that the apparent degree of these signs and measures were sufficient and reliable enough to enable anyone to take ordinary care to avoid damage.
If the inspection well and other underground facilities cause damage to others, and the manager cannot prove that he has performed his management duties, he shall bear the liability for infringement.
The defendant, a highway construction company in Guizhou, awarded compensation for the death of five close relatives of the victim Luo Moumou (including the living expenses of the dependants), funeral expenses, and spiritual damage compensation totaling 333648 yuan.
There is a large gap between the end of the retaining wall and the old road, and no barriers are placed.
The photos taken by the local public security and traffic police during the investigation of the traffic accident site show that the new retaining wall is higher than the original road surface of County X Road.
The construction unit should strengthen the safety management of the construction site, strictly carry out the construction at the approved road section and time, and set up obvious safety warning signs at a safe distance from the construction site in the direction of traffic, and take necessary protective measures to prevent accidents; After the completion of construction, the construction unit shall quickly remove the obstacles on the road, eliminate potential safety hazards, and ensure the smoothness of the road and the safety of personnel.
