Small beautiful of Guangzhou female passenger (alias) did not fasten safety belt when taking a taxi, traffic accident produces on the road unexpectedly, become 9 class to disable. When claim for compensation, responsibility just puts forward, this passenger did not fasten safety belt by the regulation so should oneself assume the responsibility of 30% . So, the safety belt that don’t have a department whether ought to do oneself assume partial responsibility? 8 days of bulletins weigh court of district of Guangzhou city white cloud, 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 to assume due fault responsibility to the loss of oneself, scale is 5% . Did not fasten disaster of safety belt dispatch a vehicle to become disable
On Dec广州 全套电脑ember 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 with 82.83 kilometers / the speed travel of the hour reachs Guangzhou city 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.
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 ca广州水疗招聘总经理se 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 Wei 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 consentient, hand in building a company to think small beautiful did not press a regulation is safety belt, the agree carries the fault responsibility of 30% .
The court thinks the passenger bears 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 ou广州汇都国际水疗部长ght to use safety belt by the regulation.
The rental car configuration that small beautiful takes has safety belt,广州芳村金谷园桑拿 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 unpremedit广州沐足休闲娱乐场所ated 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 package 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,
Judge commentate case
Back row takes personnel to did not fasten safety belt
Him menace is mixed othe广州摄影模特r draw the security that take a person
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. 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 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.
Know much place
Do not fasten safety belt to will face these punishment
·According to law of road transportation safety, in freeway or city quick way travel, drive the person did not use safety belt by the regulation, fine 2广州按摩院00 yuan, write广州水疗中心会所哪家好 down 2 minutes;
·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;
·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.