Lao Zhang has a cousin in Maoba Town, Ziyang County. In February 2020, Lao Zhang drove a two-wheeled motorcycle to Maliu Town without obtaining a motor vehicle driving license, and picked up his cousin in the back of the car.

Basic case facts

Lao Zhang has a cousin in Maoba Town, Ziyang County. In February 2020, Lao Zhang drove a two-wheeled motorcycle to Maliu Town without obtaining a motor vehicle driving license, and picked up his cousin in the back of the car. . On the way, Lao Zhang accidentally collided with the truck driver Xiao Yang, causing a traffic accident in which Lao Zhang and Lao Zhang's cousin were injured to varying degrees. The traffic police brigade of Ziyang County Public Security Bureau determined that Lao Zhang’s cousin was not responsible for the accident. Xiao Yang bore 70% of the responsibility for the accident and Lao Zhang bore 30% of the responsibility for the accident. The insurance company has fulfilled 70% of the compensation liability on behalf of the truck driver Xiao Yang within the insurance coverage, and the remaining 30% of the compensation liability should be borne by Lao Zhang. Later, Lao Zhang’s cousin approached Lao Zhang to negotiate compensation. The two parties failed to reach an agreement, so they filed a lawsuit in Ziyang County Court.

Court ruling

The court held that Lao Zhang drove a vehicle to take his cousin for free. This behavior reflects the moral custom of helping and caring for each other in social life. It is conducive to the formation of a good social atmosphere and should be encouraged. However, in this case, Lao Zhang drove a motor vehicle and took his cousin on board without obtaining the qualification to drive a motor vehicle. His behavior should be found to be gross negligence. Therefore, Lao Zhang was ordered to compensate his cousin for various economic losses of more than 80,000 yuan.

The judge reminded

that the "good intention driver" clause appropriately reduces the responsibility of the driver with good intentions, which is conducive to encouraging others to help others, and is in line with the core values ​​of my country's socialism. However, if the perpetrator has intentional infringement or gross negligence, "good intentions" cannot be used as a reason for liability reduction. As a driver of a motor vehicle, you should always fulfill your obligation to pay attention to safety while driving. As a passenger, when riding in a vehicle, you should also pay attention to confirm the safety of the vehicle and improve your own safety awareness.

Legal article link

" Civil Code of the People's Republic of China " Article 1217

If a traffic accident involving a non-commercial motor vehicle causes damage to a passenger without compensation, and the liability of the party to the motor vehicle is attributable, its liability for compensation shall be reduced. , except where the motor vehicle user has intentional or gross negligence.

Article 76 of the " Road Traffic Safety Law of the People's Republic of China "

If a traffic accident involving a motor vehicle causes personal casualties or property losses, the insurance company shall pay compensation within the liability limit of the compulsory motor vehicle third party liability insurance Compensation; for the deficient part, the liability for compensation shall be borne in accordance with the following provisions:

(1) If a traffic accident occurs between motor vehicles, the party at fault shall bear the liability for compensation; if both parties are at fault, they shall share the liability in proportion to their respective faults.

(2) If a traffic accident occurs between a motor vehicle and a non-motor vehicle driver or pedestrian, and the non-motor vehicle driver or pedestrian is not at fault, the motor vehicle party shall bear the liability for compensation; there is evidence that the non-motor vehicle driver or pedestrian is at fault. If the driver is at fault, the liability of the motor vehicle party shall be appropriately reduced according to the degree of fault; if the motor vehicle party is not at fault, the liability for compensation shall not exceed 10%.

Traffic accident losses are caused by non-motor vehicle drivers and pedestrians intentionally colliding with motor vehicles, and the motor vehicle party is not liable for compensation.

Reprinted from: Shaanxi High Court

Source: Shijiazhuang Law Popularization