Car owner's relatives and friends speak out about the "crushing riding child" incident: there was no time to dodge, and it is currently unclear whethe
On August 11th, the incident of a father in Hebei Province riding with his child and his child falling and being run over by an oncoming car has attracted a lot of attention. On August 13th, an insider told a reporter from Xiaoxiang Morning Post about the details of the incident, stating that the man who was crying beside the child in the video was the child's father, the child's age could not be determined, and the driver who hit the child was also a nearby villager. The incident occurred on a section of road that has not been completed and accepted, and is not open to traffic. This section is located near the right embankment of Nanjuma River in Jiaguang Township, Rongcheng County.
The relevant engineering bidding company told the Xiaoxiang Morning Post (reporting WeChat: xxcbcp) reporter that the project has been completed but has not yet been accepted, and whether vehicles are passing "cannot be said for sure, it is intermittent." The staff of Rongcheng County Transportation Bureau also said that the project has not been handed over, so they do not know the situation of the road section where the incident occurred.
△ Screenshot of the incident scene video
On the afternoon of August 13th, relatives and friends of the car driver involved in the accident told the Xiaoxiang Morning News reporter that while the car driver was driving that day, there were people riding on both sides. When the child riding on the opposite side fell, the car driver had no time to dodge. The child unfortunately passed away on the way to the hospital.
The relative and friend took a photo of the area near the incident site
The family and friends claimed that they were completely unaware of the impassable road section where the car driver would pass to work. There are no relevant signs on this road section, and there are many small cars and cyclists on the road.
The family and friend also claimed that after the incident, the traffic police had not issued a responsibility accident determination letter for a long time, stating that "the road where the incident occurred was not open and belongs to the jurisdiction of the criminal police." The criminal police brigade advised them to negotiate with the families of the deceased children first. But they are not clear about the responsibilities that both parties should bear; The other party's family members are emotionally agitated and have not yet been contacted. At present, the driver of the involved car is still at the county detention center.
The reporter from Xiaoxiang Morning Post also called the Rongcheng County Traffic Police Brigade again regarding the situation described by the relatives and friends. The staff stated that it was not convenient to inform them over the phone.
In response to some of the legal issues involved in the above-mentioned accident, Xiaoxiang Morning Post reporters also consulted Liu Kai, a lawyer from Beijing Zhongwen (Changsha) Law Firm.
1、 If this incident occurs on a normal road section, which parties should bear what responsibilities?
Liu Kai: The responsibility of a collision driver mainly depends on whether their behavior complies with traffic regulations. If the driver fails to maintain a safe distance, exceeds the speed limit, or causes an accident in other violation of traffic rules, the driver will bear primary or even full responsibility. If a driver is involved in an accident while driving normally and complying with traffic regulations, they may only bear partial responsibility, depending on whether there are other influencing factors.
According to Article 76 of China's Road Traffic Safety Law, if a motor vehicle is involved in a traffic accident causing personal injury or property damage, the insurance company shall compensate within the scope of the compulsory third-party liability insurance liability limit for the motor vehicle; The insufficient part shall be compensated according to the following provisions: If a traffic accident occurs between a motor vehicle and a non motor vehicle driver or pedestrian, and the non motor vehicle driver or pedestrian is not at fault, the motor vehicle shall bear the compensation liability; If there is evidence to prove that the non motor vehicle driver or pedestrian is at fault, the compensation liability of the motor vehicle party shall be appropriately reduced according to the degree of fault; If the motor vehicle is not at fault, it shall bear a compensation liability not exceeding 10%.
The losses caused by traffic accidents are intentionally caused by non motorized vehicle drivers or pedestrians colliding with motor vehicles, and the motor vehicle party is not liable for compensation.
Whether a child who is knocked down is at fault mainly depends on their specific behavior at the time of the accident. If a child is over 12 years old, follows traffic rules while riding, and their fall is due to non-human controllable factors (such as poor road conditions, accidents, etc.), then the child should not be considered at fault.
The guardian shall bear corresponding civil liability for damages caused to minors due to the guardian's failure to fulfill their guardianship duties. If the guardian leads a child under the age of 12 to ride on public roads, fails to provide the child with necessary safety equipment, or allows the child to ride alone on dangerous roads, the guardian may bear partial responsibility for failing to fulfill their guardianship responsibilities.
If the cycling event is organized by the cycling organizer and the organizer fails to fulfill their corresponding safety obligations, they may also be held partially responsible.
There are dotted lines on both sides of the road
2、 If this incident occurs on an unopened road section, what responsibilities do the above-mentioned parties need to bear? Does the engineering team need to be responsible?
Liu Kai: If the road section is clearly marked with no entry signs, roadblocks, etc., and the driver still enters the unopened road without authorization, resulting in an accident, the driver may be held primarily or entirely responsible.
Riding on unopened roads, children and their guardians may also be considered at fault.
If a child rides on an unopened road, especially if they fail to comply with safety regulations or enter an obviously unsafe section, the child may be considered at fault, but due to the special legal protection of minors, their responsibility is usually lighter.
Guardians have the responsibility to ensure that children are able to move around in a safe environment. If the guardian allows the child to ride on a road that is not open to traffic, especially knowing that the road section is unsafe, the guardian may be considered to have failed to fulfill their reasonable guardianship duties and thus bear certain responsibilities.
When organizing cycling activities on unopened roads, organizers should fully evaluate the safety of the roads. If the organizer fails to ensure that the event takes place in a safe environment, fails to inform participants of potential dangers, or fails to take necessary safety measures, it may be deemed negligence and may be held responsible accordingly.
In addition, if the incident section belongs to an unaccepted construction section, and the owner and construction party of the project have not set up sufficient roadblocks, warning signs, or closure measures on the unaccepted road, resulting in vehicles or pedestrians entering by mistake, the engineering party may be considered to have failed to fulfill its safety management responsibilities and thus bear greater responsibility. If the incident section belongs to the construction area and the construction party fails to take necessary safety measures or close the road in a timely manner, the construction party may be deemed to have committed safety management negligence and thus bear responsibility.
3、 Under normal circumstances, what traffic rules should cyclists pay attention to on the road?
Liu Kai: Road safety is no small matter. Cycling on public roads requires attention to following traffic rules to ensure the safety of oneself and others.
Firstly, comply with traffic signals and signs. Riders should follow the instructions of traffic signals, signs, and markings. For example, stopping at a red light, giving way when there is a pedestrian crossing signal, etc;
Secondly, maintain the lane. Riders should ride on designated lanes or bike lanes. If there is a dedicated bicycle lane on the road, priority should be given to its use;
Thirdly, safe driving speed. Riders should control their speed and avoid speeding or driving at speeds that do not comply with regulations, especially in areas with heavy traffic or complex road conditions;
Fourth, wear safety equipment. Riders should wear safety helmets and other protective equipment, especially in urban roads and complex traffic environments;
Fifth, do not occupy the motor vehicle lane. When riding on the motor vehicle lane, try to drive on the right side as much as possible to avoid occupying the main lane of the motor vehicle lane;
Sixth, pay attention to the surrounding traffic conditions. Riders should always pay attention to the traffic situation around them, especially at intersections, lane changes, turns, etc., to ensure safety;
Seventh, it is prohibited to ride under the influence of alcohol. Riders are not allowed to ride after drinking alcohol to avoid a decrease in judgment and reaction speed caused by the influence of alcohol.
Article 72 of the Implementation Regulations of China's Road Traffic Safety Law stipulates that driving bicycles or tricycles on the road must be at least 12 years old.
