Before you get off the bus,

Will you look at the road behind the car before you open the door?

A good habit,

Maybe we can avoid tragedy,

Save a fresh life.

Recently,

A taxi passenger in Changsha opened the door and got off without observation.

The door knocked down the electric motorcycle coming from the right rear,

Resulting in the death of the electric motorcycle driver.

In this regard,

Do taxi drivers and passengers need to take responsibility?

Furong District People's Court has tried such a case.

primary facts

2065438+At about 23: 00 on March 29th, 2008, Xia Mou, the driver of a taxi company in Changsha, picked up Zheng Mou in a taxi, drove from east to west along wuyi avenue, and illegally stopped at the front section of Zhongtian Square. When Zheng opened the right back door of the taxi to get off, he did not observe it, causing the door to collide with Ren, who was driving an electric motorcycle, causing Ren to fall to the ground and be injured, and died after being rescued. The traffic police department determined that Xia was fully responsible for the accident, Zheng was fully responsible for the accident, and Ren was not responsible.

▲ Monitoring screen at the time of the incident

After the incident, the taxi company signed a people's mediation agreement with Ren's family, and compensated Ren's family for various losses totaling 680,000 yuan. The taxi company and Zheng failed to negotiate whether to share the loss and how to share it, and appealed to the court for a referee.

court decision

The Furong District Court held in the first instance that this case was a road traffic accident compensation dispute. As drivers of taxi companies, Xia and Zheng committed traffic violations respectively, which led to traffic accidents. Therefore, the loss of the victim Ren should be borne by the taxi company and Zheng according to the size of the accident responsibility.

Xia has a big fault in illegal parking and should bear the main responsibility; When Zheng opened the car door, he did not fulfill his cautious obligation to pay attention to safety, and he was also at fault and should bear secondary responsibility.

Determine the responsibility of both parties as appropriate at 80%: 20%.

After mediation by the People's Mediation Committee, the taxi company paid compensation to the injured party in advance, so the taxi company has the right to recover the compensation it should bear according to law from the passengers. Judgment: Zheng paid the taxi company 1 1.2 million yuan. After the verdict was pronounced, Zheng refused to accept it and appealed. The second instance of Changsha Intermediate People's Court held that the facts were clear and the applicable law was correct, and the final judgment: the appeal was dismissed and the original judgment was upheld.

The judge reminded.

In daily life, cases of "willful" driving doors occur from time to time, and some passengers pay a heavy price for it.

"Drivers and passengers are obliged to abide by traffic safety regulations, which is worth learning from every traffic participant." The investigating judge said that in this case, if the taxi driver stops in accordance with the traffic regulations of "parking in the forward direction, the right side of the car body should not exceed 30 cm from the edge of the road", the tragedy can be completely avoided. At the same time, there is a provision in the traffic law that "opening and closing the door shall not hinder the passage of other vehicles and pedestrians". This passenger has just violated this rule. If she can observe the situation after getting off the bus before getting off, the accident can also be avoided.

In this case, the traffic police found that Zheng was fully responsible for the accident, so why was the taxi driver sentenced and Zheng was only a civil compensation? In this case, although the passenger Zheng did not fulfill his duty of safety care to open the car door, it was the same as the taxi driver's illegal parking and disembarkation, but compared with the other two, the behavior was obviously only a slight fault and did not have criminal condemnation. On the contrary, taxi drivers, as professional drivers, seriously violate the regulations and cause accidents, which is obviously gross negligence, so they should be criminally condemned. To sum up, although passenger Zheng should not be investigated for criminal responsibility in this case, his civil responsibility cannot be evaded.

Source: Furong District People's Court, xiaoxiang morning herald, Political Science and Law Channel.

Editor: Guo Na

Audit: Wu Xinchun and Xu Mei