Rental caravans traveling tire burst killing who take responsibility4 a family of three, 2 single woman, go rent a car from Nanjing to visit Lianyungang. Who would have thought way back will encounter mishaps--a rental car in Ning even a flat tire on the freeway, then lost control and overturned, officers 1 killed, 7 hurt on the bus. Police concluded that this was an accident, drivers, the passengers were not responsible. But family members of the deceased cannot be accepted, they think that man does not die in vain, at least four are held responsible for the accident, namely the trip sponsors, responsible for driving companion, car rental companies and their owners. After fruitless negotiations, family members of the deceased to court, to the above four claim the losses total more than 640,000 yuan.
Who would have thought
1 killed, 7 injured in
35 high is the self-driving tour sponsor. The early summer of 2009, high together with the Forum events, agreed to play in Lianyungang. Zhihou, high together with my colleagues and friends about this matter, several very interesting, want to take their families to. Finally, 4 families, 2 women who decided to participate in the trip, namely high family of three, three of friend Zhu Xiaowen, a friend three of Zhangjiang, three of Netizen Liu Juan, and small friends Liz and sue.
Return to crash, a flying car
How to get to, go to live, how to play, need to think ahead. Prior to departure, high together seeking the views of members. Public consultation agreed to rent a car to, which at that time.
So high to Nanjing, a car rental company rented a Gold Cup ordinary buses, rent 250 Yuan/day. The car approved for 10 passengers, he calculated that each adult has children sat on legs, basic enough. On July 17 of last year, they train in Jiangning, marching to the Lianyungang. Cost per adult paid 600 Yuan, said a lot of back fill less. After the Lianyungang, owing to lack of Seaview room, hotel. Have a great time in this, to the beach, also went to the mountain.
July 19, at 5 o'clock in the afternoon, a line of people content to drive back. Car is opened by Zhangjiang, Zhangjiang is an "old driver", driving a car for several years, driving experience is very rich, are also cautious, not touch alcohol. Starting from Lianyungang in Yue Wan, take you on the path to a better continuous high-speed, Zhangjiang opened slowly, around 100 kilometers per hour, not cut, not overtaking, leisurely drive. At this pace, of common sense that would be all right. But this time, an unexpected accident happened.
Smooth car suddenly tilted to one side, routes into an s-shape, then crashed into the railing overturned and rolled several times before stopping. Nearest the Zhu Xiaowen was thrown out of the door, head, oral bleeding, died. There are also 7 people were injured.
The curse right rear tire
The night of the incident and the next day, Zhangjiang memories twice to the police after the accident.
Zhangjiang said speed on dozens of kilometers, he hears the right rear wheel a drum sound, it now appears that it is the sound of tire, he held steady the steering wheel, trying to forward a distance to slow down, who knows the vehicle suddenly lost control and crashed into the guardrail and overturned at, rolling several times before stopping. The wreckage, he climbed out of the cab to the rescue, right rear tire burst as a whole, the right front tire is flat.
Police repeatedly asked the Zhangjiang ways after a flat tire, Zhangjiang answer.
"You find out what measures to take after a flat tire? "
"No measure has been taken, holding the steering wheel forward. "
"Why overturned in the slide? "
"The wreckage, I get off and find the right front tire is flat, (so that) direction lost control and rolled on the pavement. "
Zhangjiang not owners, police asked him if he had not checked the condition. Zhangjiang said before driving, he goes around the car in a circle, did not find any problems and tire wear after only a little serious, but the tread is normal, in his experience, this wear and tear should not affect normal traffic. From Lianyungang, before the return trip, he also looked at the condition, tires and other parts of what issues were found.
Li, Xiao Su, who told the police investigation said that when they didn't hear any sound, feel the body suddenly awry, routes into an s-shape, then overturned.
Lianyungang Expressway traffic Police Brigade of road traffic accident certificate dated August 6, 2009 shows that the cause of the accident is "the right rear tire", are traffic accidents, drivers Zhangjiang and passengers have no responsibility for the accident.
Family members of the deceased to claim 640,000
Zhu Xiaowen's wife Chen Li of sorrow, near-collapse three happily go on a journey, only to come back two, pillar of the family so gone!
Family members of the deceased:
None of the responsibility, people die in vain?
Chen Li cannot accept responsibility for the police certificate: "accident", none of the responsibility, don't people just died in vain, saying no?
Chen Li believes that at least four people (or unit) responsible for the death of her husband. A is car rental company, as vehicles of provides who, should guarantee vehicles is can security driving of, this company no do must of security obligations; II is this holiday of sponsors high, car is he rent of, he has on vehicles for security checks of obligations; three is driving people chapter strong, Police Brigade of survey report displayed, Zhangjiang in burst tire Hou no take emergency, but let car continues to driving, led accident occurred; four is owners, accident of Gold Cup brand bus is rental company from others hands bought of, Yet the transfer formalities, owner as beneficiary, the result has some liability for damage.
Chen Li believes that these four violations with Zhu Xiaowen's death there is a causal relationship. After the incident, several consultations with these individuals and units, but failed to reach a compensation agreement, to that end, she and her son, her husband's parents, the Quartet took the Court, claims the losses total more than 640,000 yuan.
We voluntarily, I am not the head of
February 11, 2010, ideology and the court hearing the case for the first time. Chen Li with her father-in-law appear. Original defendants have hired a lawyer. After the plaintiffs ' claims and reasons stated, the accused have an injustice.
"My client is not the head of travel, he had no security obligations! "High's lawyers said in a loud voice, rent a car to visit Lianyungang are decided in negotiations, is not organized, high relationship with the deceased are on a company holiday, not organization and relationship to the organization. In counsel's view, rent a car is the collective behavior, high just signed on behalf of everyone in with the car rental company, liability should not be imposed on him.
To prove that high is not in charge, the lawyer applied for Liu Juan, Liz, little Sue testified. Three people confirmed that Lianyungang is the result we discussed, including car hire, accommodation costs are we discussed the decision, high is not a "call Organizer".
I was helping to drive, no fault of
Zhangjiang of lawyer Court proposed four points defended views: "first, Zhangjiang is obligations help everyone drive, car Shang all are is beneficiaries, responsibility should total Dan; second, Zhangjiang of driving behavior not exists fault, police also finds this up accident is accident accident, with driver no relationship; third, this car Gold Cup bus is operating vehicles, car rental company will it for operating, apparently is not security also not reasonable of, car rental company constitute default; IV, plaintiffs think Zhangjiang of fault is burst tire Hou no take emergency, We met that the plaintiff in error, knows driving knows that, after the tire burst, the emergency brake is dangerous, Zhangjiang hold steady the steering wheel slowly glide is the right approach. "
Car hire company:
Car rental companies acknowledge the accident due to a flat tire, but believes that there are many kinds of causes of tire and may be related to weather and road conditions, may be related to driving standards, and is not necessarily the quality of the vehicle itself. "Our vehicles, they have tried to drive, vehicle inspection, have the ability to drive safely, opinion of the other tire related to vehicle quality, must come up with evidence. "
Car rental company noted that approved 10 passengers actually sit for 10 adults and 4 children, apparently overloaded.
Vehicles registered owner is not the leasing companies, but another unit. The units in the trial said, was their, but as early as a few years ago, has been sold to leasing companies, money already collected, cars delivered, didn't transfer procedures, the Unit believes that car had nothing to do with any disputes that may arise in the process. Car rental company agrees to this.
Car rental company
May escape liability
The judge, who asked not to be named: the present disclosure cases, sponsors and drivers should have no responsibility. High is since driving tour of Convenor and sponsors, not is what organizers, let he bear management and security guarantees obligations, is on he of demanding, not reasonable; Zhangjiang no obligations drive, he drive purely is obligations service, cannot because he drive on finds he has responsibility, unless he has fault only to Dan accountability (like driving has major fault); car rental company has no responsibility, to see vehicles itself has no quality problem. In addition, the vehicles ' non-commercial vehicles, car rental companies use it for trading, this is likely to be a fault of the car rental company, if there is no reasonable explanation, may escape liability. Overloading of who is to blame? Overloaded cars everyone knows, they have a certain responsibility.
Of course, this is just the inference made by the judges based on the merits of the present disclosure. On Wednesday, white court trial for the second time, if there is new evidence submitted to the Tribunal by the parties, concluded that there were more than likely to change.
No fault does not take responsibility
Nanjing University School of law Professor Chiu Heron wind: the case involves two kinds of legal relations, deceased and sponsor trips, driving people to help drive belongs to friendship, is a contractual relationship between the deceased and the car rental company, pending such a distinction.
Nothing to dispute a contractual relationship, as long as the identification of car rental companies have a breach, for example, does not provide a performance security vehicles, and so on, can be held accountable.
More contentious is friendship. The dead together with a group of people traveling, high as sponsors to help rent Zhangjiang having driving obligation to drive, high, chapter II relationship between the man and the dead, social dimensions of friendship each other there is no contract or legal relationship of rights and obligations. Law, friendship acts constitute an infringement, provided that the perpetrator of wrongdoing. If the actor was not at fault, even if it caused damage, the law should not be involved, that is to say, in acts of friendship through no fault of the parties, the victim completely lost.