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drive carefully to ensure the safety of vehicles bear the duty

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發表於 2015-7-15 16:54:46 | 只看該作者 回帖獎勵 |倒序瀏覽 |閱讀模式
Xiao Shu and Wei before hosting a wedding, ask a friend to drive his side of a minibus to them when the wedding car, the side of a immediately agreed. Unexpectedly change calamity wedding, wedding way a car accident caused one death and three injuries (small Rzeszow wife injured). This newly married couples sued to court for the side of a compensation for the loss of 72 million yuan of their injuries. Yesterday, the City Court disclosed that the hospital concluded second trial the case, the decision to drive people Fangmou Cheng Liu Cheng bear liability.

Accident: 1 dead 3 injured sentenced to 1 year and 4 months

Back in October 5, 2013 wedding day. Driving side of a small minibus carrying Rzeszow wife and two other relatives, her parents sailed from New Fuling District. Way a car accident, resulting in one death and three injuries.

After the traffic police department, we bear full responsibility for the accident . After the incident,Louboutin Baskets Femme,http://www.le2dao.com/forum.php?mod=viewthread&tid=179727, the side of a traffic accident has been sentenced to 1 year and 4 months.

After the little Rzeszow wife sued to court for compensation for the loss of their side of a wounded 72 million yuan. Side of a helper that their obligation is not liable for damages.

First instance: no compensation obligation helpers

Court of First Instance held that a party should be small comfort of your driving his minibus as a wedding car, is a friend to help conduct, the parties constitutes an obligation journeyman relationship. The results side of a journeyman arising out of acts by small Rzeszow wife enjoy, journeymen activities cause harm to civil liability, it should be borne by the help of workers. In this case, although the party has been a criminal punishment, but the small Rzeszow wife did not provide sufficient evidence to prove gross negligence on the side of a traffic accident, the side of a criminal punishment because of its "driving experience is not long, improper handling of the emergency." causing major consequences and traffic crime, not due to gross negligence penalties of the law, thus ruling rejected the claims of small Rzeszow wife.

After the verdict, small Rzeszow wife agreed upon in advance payment of 200 yuan fuel costs, and no time to prepare a 268 yuan red envelopes issued and constitute gross negligence by the side of a appeal, requesting the court commuted.

Second instance: gross negligence civil liability

Court upheld the review found that wedding organizers to help workers, according to the custom red envelopes, with the Department of auspicious meaning of the gift of friendship, not agreed on the price of labor, it can not be presumed the parties accordingly paid labor relations department. Even pay fuel costs for the owners,http://115.29.6.116/bbs/forum.php?mod=viewthread&tid=1166622, but also for the owner to arrange the transaction, the owner did not benefit, the two sides can not thus be presumed paid labor relations department. Therefore, there is no inappropriate First Instance found small comfort in a line with the obligations of journeyman relationship.

In this case,http://www.8liuxing.com/home.php?mod=spacecp&ac=blog&blogid=,Louboutin à Bout Ouvert, the side of a vehicle as the driver,http://pujindg.com/plus/feedback.php?aid=552,Louboutin Botte, drive carefully to ensure the safety of vehicles bear the duty, but the car in a traffic accident caused heavy consequences. The accident was not due to force majeure or mechanical failure caused by objective factors, according to the traffic police department made confirmation of responsibility, the side of a violation of China's "Road Traffic Safety Law" Article 22 "Motor vehicle drivers shall abide by road traffic safety laws and regulations, follow safe driving practices, civilized driving "provisions, which should bear full responsibility for the accident,http://www.justao.cn/bbs/home.php?mod=space&uid=83719, and the side of a traffic accident has been jailed due,Louboutin Talon Compensé, it should be the side of a finding of gross negligence for the accident has.

According to China's "Tort Liability Act,http://www.hongriyul.com/news/html/?189998.html," Article VI, paragraph "acts against the people due to the fault civil rights of others, shall bear tort liability" provisions, due to the fault caused by the side of a small Rzeszow wife were injured, according to the law should bear corresponding civil liability.

But the side of a worker as a help line to provide free assistance to small Rzeszow wife,Louboutin Escarpins, should be appropriate to reduce its liability, at the discretion of the side of a small Rzeszow wife bear 60% of the liability for damage caused by traffic accidents. In summary, the City Court quashing the Court of First Instance judgment,http://cunix.net/forum.php?mod=viewthread&tid=18369&fromuid=1861,  bear little Rzeszow 31.54 million yuan for the loss of his wife. (Text characters as a pseudonym)

Chongqing Evening News reporter Tang Zhongming

Correspondent Wang Li Guo Jinsheng

Bentley wedding car hit by a car when a friend who lost?

In April 2012 in Hangzhou West Lake District, the groom Zhao should invite friends Lee obligation to open their own Bentley when Zhuhun car. Results Escorting the way the car hit the median strip, repair spend 130,000 yuan.

Because Bentley car only insured to pay high insurance, no insurance commercial insurance,http://xtxybbs.com/home.php?mod=spacecp&ac=blog&blogid=, Lee Zhao claim compensation for car repairs. Zhao refused to pay, Lee had his court. After Judge mediation, Zhao agreed to compensate the other half of the losses. The judge said, according to the Tort Law and Personal Injury Compensation Judicial interpretation, Zhao should be compensated. According to City Express

(Original title: The bride and groom were injured shouting pay 720,000 yuan)

Edit: SN123
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