Small beautiful of a female passenger of Guangzhou (alias) did not fasten safety belt when taking a taxi, did not think of to traffic accident produces on the road, become 9 class to disable. What cannot think of more is, when claim for compensation, responsibili广州白云区江夏桑拿qt场ty just puts forward, this passenger did not fasten safety belt by the regulation so should oneself assume the responsibility of 30% . So,广州车陂那些巷子里的沐足 the safety belt that don’t have a department whether ought to do oneself assume partial responsibility? The bulletin weighs court of district of Guangzhou city white cloud today, careful of this courtyard near future writtened guarantee this has case of issue of liability of accident of motor vehicle traffic, traffic accident happens to cause 9 class to disable when small beautiful takes a taxi, because did not fasten safety belt,still assume due fault responsibility to the loss of oneself, scale is 5% .
Because the passenger did not fasten safety belt to encounter traffic accident to disable into 9 class
On December 17, 2017 5 when make, a Wei (alias) drive taxi of brand of name of A of another name for Guangdong Province carries small beautiful to reach Guangzhou city with the speed travel of 82.83km/h when a section of a highway of Bai Yun Ou Mou, left car head and the grab photograph that stop inside area of left driveway construction collide, on the right side of automobile body again with A mark (alias) driving small-sized minibus collides, cause small beautiful of attaint of two cars, grab and passenger to get hurt.
Via judicatory appraisal, small beautiful the 12nd thoracic vertebra smashs sexual fracture is bilateral accessory ” vertebra bend fracture ” , fixed operation is treated inside travel, form 9 class to disable; Left tibial platform smashs face of joint of sexual fracture drag in, after skill is being secured inside bolt of travel armor plate, activity of left knee joint suffers be restricted, the function is lost amount to 60 ％ above, ligament of the across before wrong sural character tears sexual fracture, left knee and outside damage of side deputy ligament, form 9 class to disable.
The policeman maintains unit of rental driver, construction to bear coequal responsibility
On January 23, 2018, policeman branch issue ” road transportation accident holds a book ” , maintain: A Weichao crosses speed limit to indicate highest speed per hour, did not press an operation normative safety drives, motor vehicle drives below the case that did not press compasses use safety belt in the passenger, the agree carries the coequal responsibility of the accident; Construction unit is handed in build a company to did not press a standard to come to place of distance of car direction safety to install apparent safe caution to indicate in construction location, yi Wei adopts preventive measure, the agree carries an accident coequal responsibility. Driver of small-sized minibus, grab and small beautiful are unaccountable.
In front courtyard careful, a W广州沐足论坛020langei of driver of view of passenger small beautiful, hand in the fault scale that builds a company to be respectively 50% . To this, driver A Wei expresses conse广州皇庭沐足桑拿上门靠谱吗ntient, hand in building a company to think small beautiful did not press a regulation 广州沐足店承包转让is safety belt, the agree carries the fault responsibility of 30% .
The court thinks the passenger did not fasten safety belt to bear 5% responsibility
Didn’t the passenger fasten safety belt whether bear duty?
The court thinks via cognizance, ” law of safety of transportation of road of People’s Republic of China ” fiftieth a regulation: When motor vehicle travel, drive person, take personnel to ought to use safety belt by the regulation.
The rental car configuration that small beautiful takes has safety belt, but its ignore the safety of oneself and did not use, bring about because postaccident is inertial bump bosom, fibula to be sent, the behavior that its were not safety belt increased his to suffer the dangerous sex of harm, put in certain unpremeditated crime, accordingly but the liability to pay compensation of extenuation infringer.
Because the harm of small beautiful is be caused by of reason of make trouble of the hair in taxi travel process, the accident responsibility that makes according to policeman branch is maintained, ji Awei and hand in the fault behavior that builds a company to be caused jointly, did not fasten the error behavior of safety belt considering small beautiful oneself, the court drinks Ding Xiaojuan is right of oneself damage assume the fault responsibility of 5% , a Wei, hand in build a company to assume the fault responsibility of 47.5% respectively. Taxi company makes car You Awei contract as the person that send a pa广州休闲会所全套2016ckage use, the part that should be not worth compensation to A Wei assumes additional liability to pay compensation.
The loss of small beautiful deducts insurance compensation and burden of its proper motion after 5% parts, add up to four hundred and ninety-nine thousand six hundred yuan,
Court of district of Guangzhou city white cloud adjudicates: A Wei recoups small beautiful loss one hundred and forty-nine thousand eight hundred yuan (do not include previous alre广州模特培训学校ady 100 thousand yuan of) of pay for sb and expect to be repaid later, taxi company loses additional liability to pay compensation partly to be not worth compensation;
Judge ● : The person that take did not fasten safety belt to although be opposite,get hurt the accident is unaccountable, also can get hurt to oneself assume due responsibility
Agency judge expresses, when traffic safety law set motor vehicle travel clearly, drive person, take personnel to ought to use safety belt by the regulation. Here drive include in front of by personnel driver and take staff, also include back row take staff, but the significance that back row takes a person to often can ignore department safety belt.
When accident of car happening traffic, if did not fasten safety belt,back row takes a person, may bump directly attack those who arrive in front to rely on the back of the chair to go up, serious him menace draws the life security that takes a person with in front of. Accordingly, take personnel to did not fasten safety belt to get hurt, although the happening to the accident is unaccountable, also can get hurt to oneself assume due responsibility.
The judge still expresses, investigation makes clear, the passenger that the back row in traffic accident was not safety belt is violent bump seat of in front of, can form huge concussion to the passenger of driver or in front of, the probability that makes they die in traffic accident increases about 5 times.
Additional, since March 1, 2019, guangzhou enables wisdom ” report alarm ” , use ” electronic police is caught pat + be on duty policeman go on a tour of inspection ” the kind that ties, treat only drive hatchet man machine, not be the behavior such as safety belt. So, no matter be in front of or back row, there should be safety belt unit on the car only, taking staff should be safety belt.
● knows much place: Do not fasten safety广州芳村海北发廊按摩 belt, how to punish?
1. basis law of road transportation safety, in freeway or city quick way travel, drive the person did not use safety belt by the regulation, fine 200 yuan, write down 2 minutes; 2. In freeway or city the road beyond quick way goes up when sailing, drive the person did not use safety belt by the regulation, fine 200 yuan; 3. Drive the person is in what motor vehicle drives below the case that takes personnel to did not use safety belt by the regulation, fine 200 yuan.