Source: Poster News
Daily Network·Poster News Reporter Zhang Wen reported
Some time ago, two elderly people crossed the road through a red light in Pingxiang, Jiangxi Province. The motorcycle that was traveling straight was hit by emergency brakes and avoided them. The driver died on the spot after the rescue failed. The police determined that the motorcycle driver was speeding and was not in the rightmost lane, and neglected to observe the road conditions. When pedestrians passed through the crosswalk, they did not stop and give way in advance and operated improperly, they were mainly responsible for the accident. The two elderly people took secondary responsibility for running a red light and compensated the deceased's family 100,000 yuan respectively.
On-site surveillance video
The reporter learned that the above accident occurred on August 4 this year, and the motorcycle driver was a woman in her 30s. According to surveillance video, at the time of the incident, two pedestrians crossed the zebra crossing with objects in their hands, and the traffic lights on the zebra crossing were red. At this time, a motorcycle driving under the green light fell while braking suddenly, but did not hit the two pedestrians.
After staying for a few seconds, two pedestrians running the red light did not step forward to check the driver's injuries, but left directly. Later, passersby found that the driver was injured and called 120 emergency number. It is reported that the driver died on the spot after failed rescue efforts.
Zhang Peng, the captain of the accident squadron of Anyuan Brigade of Pingxiang Traffic Police Detachment, said in an interview with local media that pedestrians did not follow the instructions of the signal light when crossing the crosswalk, and there was a very obvious illegal act. After investigation, evidence collection and consultation, on August 30, Anyuan Traffic Police Brigade issued a "Traffic Accident Responsibility Determination" to determine that the motorcycle driver was mainly responsible for the accident, while the two pedestrians failed to comply with the traffic lights and assumed the secondary responsibility for the accident. After the "Traffic Accident Responsibility Determination" was issued, under the communication of the traffic police, the two pedestrians finally paid 100,000 yuan in death compensation to the family of the deceased.
After the incident fermented on the Internet, it caused heated discussion among many netizens. Some netizens believe that motorcycle drivers passed away because they avoided the elderly who ran the red light, so the elderly who ran the red light should bear the main responsibility. However, some netizens believe that motorcycles are speeding and not driving in the far right lane, so they should bear the main responsibility.
Lawyer Zhang Fashui, director of Shandong Face Law Firm, said that under normal circumstances, motor vehicles are the stronger side in terms of road traffic, while pedestrians are the relatively weak side. Once an accident occurs, the harm caused by the motor vehicle side is often greater. Therefore, the legal requirements for the motor vehicle are stricter, which makes it bear more safety precautions. As stipulated in Article 47 of the Road Traffic Safety Law, motor vehicles should slow down when passing through crosswalks; when pedestrians are passing through crosswalks, they should stop and give way. When a motor vehicle passes through a road without traffic signals, it should avoid it when pedestrians cross the road.
In the above traffic accident, the motorcycle driver was speeding and did not drive on the far right. As a motor vehicle driver, when passing through an intersection, you should also carefully observe, slow down and drive safely to prevent accidents. Zhang Fashui believes that the responsibility determination of the traffic police department is objective and fair.
Secretary of Shandong Xiangtian Law Firm Zhang Shuai also said that the problem of determining the responsibility for the accident is not big. First of all, motor vehicles must fulfill their obligations to pay more attention to than non-motor vehicles and pedestrians during driving. Secondly, motorcycle speeding and other situations in this case exist objectively. In this case, if the motorcycle fails to speed as required and pedestrians run red lights, both parties are at fault. However, when attributing to the responsibility of motor vehicles, the principle of no fault is applied, and the fault of one pedestrian is only a condition to reduce the responsibility of one motor vehicle.
According to Article 76, Paragraph 1, Paragraph 2 and Paragraph 2 of the Road Traffic Safety Law, if a traffic accident occurs between a motor vehicle and a non-motor vehicle driver or pedestrian, the motor vehicle party shall bear the responsibility; however, if there is evidence to prove that the non-motor vehicle driver or pedestrian violates road traffic safety laws and regulations and the motor vehicle driver has taken necessary disposal measures, the responsibility of the motor vehicle party shall be reduced.
: The two pedestrians who ran a red light did not check the driver's injuries but left directly. Zhang Fashui believed that because the incident happened suddenly and the motorcycle driver did not hit two pedestrians, the two pedestrians may think that the accident had nothing to do with it, so it was impossible to determine that the two pedestrians had the subjective intention of escaping. Zhang Shuai also said that it is difficult for pedestrians to be considered as escaping, but there is evidence that treatment is delayed due to the reasons, so pedestrians need to bear compensation liability for the part of the expanded losses.
Editor: Shi Hui
Review: Ding Houqin
This article comes from [Poster News] and only represents the author's views. The national party media information public platform provides information release and dissemination services.
ID: jrtt
