Comics Yang Zhihong
front of the car parked in the open space on their own, who knows a child two years old quietly got into the body and the wall more than 20 centimeters between the gap. Before driving vehicle owners are not aware, unfortunately the baby was injured. In this case, family members are ineffective due care to bear the responsibility? Recently, the City, the second owner fully responsible for the court. Is this how the case?
children hiding in the dark was hit by a car
April 14 this year, Mr Yau driving a minibus back to the residence of Dalang Town, ready to take some of the goods back to the rental. As usual, he parked in front of a clearing. Side of the car close to a wall, just over 20 cm between the distance.
stop, Mr Yau found that about two years old next to a car in front of the children are playing alone on the open space, which Mr Yau did not care. About 10 minutes later, Mr Yau started driving back to the car from the house. Out of habit, before moving the vehicle, he looked around and found no abnormalities, then drove forward.
However, less than a meter when driving slowly, Mr Yau will feel a foreign body blocking the vehicle ahead, he hastened to get off the see what happens. This look can be incredible, had playing in front of the children two years old, but still lying on the side of the vehicle rear side,
mbt shoe sale, apparently hit by a car! Hear the cries of children, the children's mother quickly ran over, the baby with the crowd rushed to the hospital.
how to divide responsibility for the accident controversial
After the incident, Mr Yau is very remorseful, start the vehicle before he had also specifically examined the surrounding environment.
Fortunately, the child is out of danger, was diagnosed as pulmonary hemorrhage,
mbt shoe, rib fractures and multiple contusions. Children hospitalized in the hospital more than two months, a total cost of more than twenty thousand yuan in medical expenses. Mr Yau buy before the relevant Traffic Insurance, the insurance company to pay 1 million to the families of the remaining children paid 9508 yuan, Mr Yau paid 4,000 yuan.
traffic police departments through the scene, found Mr Yau bear full responsibility for the accident. Mr Yau disagree on this, he believes he is not illegal to drive timely rescue children after the accident. In addition, the families of children in custody on a major fault exists, it shall bear the full responsibility for the accident, for refusing to pay medical expenses. This year in May,
mbt shoes sale, children relatives sued to Dongguan City Second People's Court, Mr Yau told the court.
court sentenced the driver take full responsibility
court found that the site of the accident is the village where the open space accessible to residents of housing must pass through. Private open space is not a vehicle traveling the road, motor vehicle drivers in the parking lot or start the vehicle, it should be a high degree of attention, a comprehensive view of the vehicle surroundings,
mbt shoes outlet, avoid dangerous place. Injured in the accident two years less a child, do not have the ability to foresee the danger of a considerable, but usually also often play in the lot. For Mr Yau, the launch vehicle before the vehicle is not a comprehensive view of the surrounding circumstances, but not fully rule out the occurrence, safe and civilized driving in violation of the duty of care, should bear full responsibility for the accident.
Mr Yau guardian advocate significant fault, but did not provide evidence. According to traffic police inquiry transcripts shows that, when the accident occurred in front of children are at home playing on the ground, because the place is not vehicle-specific travel section,
mbt shoes, from an objective evaluation, the guardian has predicted that the environment suffered as a result of motor vehicle personal injury collision less likely, therefore, was a strict guardian of the child and the personal care necessary. Guardian of a child is always at the same time the line of sight or sound within the reception range, after the accident, the guardian immediately rushed to the scene of the accident, so there is no guardian of the custody of a major fault.
final court decision, the defendant must compensate the plaintiff for medical expenses Mr Yau 9508 yuan. Mr Yau did not appeal, this decision has taken effect.
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