The latest statement from the driver involved in the death of a boy who fell off a bike while riding: 'I did not commit a crime, I am innocent.'
24 days after the incident, the death of a child who fell off a bike while riding in Rongcheng County, Baoding, Hebei Province is still fermenting.
The incident is heart wrenching: On August 11th, an 11 year old boy was riding with his father and a cycling team on a two-way road when he fell on the opposite lane and was later run over by a car. Despite rescue efforts, the boy passed away.
The picture shows a child riding a bike that has been crushed
After the incident, it sparked widespread discussion and attention in public opinion. Many netizens have pointed out that children under the age of 12 are not allowed to ride bicycles on public roads, which is a basic common sense. Father son cyclists lack safety awareness.
On September 3rd, the family of the driver involved told reporters that the driver Jiang had been arrested on suspicion of causing death due to negligence. The family said that after the incident, the driver Jiang was taken away by the police and has been detained in the Rongcheng County Detention Center in Xiong'an New District. Due to the fact that the road section where the incident occurred was not opened, the accident has been transferred to the police for handling.
The picture shows Jiang's arrest notice
The family of the driver involved expressed doubts about the case turning into a criminal case, saying, "The driver was so wronged. It was originally an accidental traffic accident and there was no time to react. Why did it turn into a criminal case
Does the father, as a guardian, fulfill his guardianship duties when a child is cycling, competing on the road, and under road age? Do drivers really have to bear all the responsibility alone?
On September 4th, Beijing Anjian Law Firm and the defense lawyer for the driver involved, Zhou Zhaocheng, gave an interview to a reporter from Xinmin Weekly. On the morning of August 28th, Zhou Zhaocheng met the driver involved, Jiang, at the Rongcheng County Detention Center. Jiang was puzzled by the accusation of negligence causing death.
Jiang thinks he is innocent. After the incident, he did not flee, but actively took responsibility. He was also deeply saddened by the unexpected death of his child, but he did not agree with the current charges, believing that it was an accident and that he did not commit a crime.
Zhou Zhaocheng believes that the occurrence of tragedy is not desirable by any party. In the division of responsibility in this case, should all factors be considered comprehensively? The most important point is that the determination of criminal responsibility should be carefully considered.
How to define negligence causing death
The reporter sorted out two controversial points in the entire incident.
One is how to define whether the behavior of the driver involved constitutes negligence causing death. As stated by the defense lawyer, whether the determination of criminal responsibility has been carefully considered; Secondly, should the driver involved bear full responsibility? Should the organizers of cycling, guardians of children, and highway management also bear corresponding responsibilities?
Lawyer Zhu Pingsheng from Shanghai Junyue Law Firm told Xinmin Weekly that from the perspective of the case itself, the subjective intention of the driver's behavior should be ruled out first. Based on the investigation by the public security organs, the driver did not do it intentionally.
According to the family of the driver involved, Jiang, the accident occurred. He said that a colleague was sitting in the back seat of the car at the time. According to the colleague, during the driving process, Jiang suddenly turned the steering wheel to the right and felt something pressing on it, causing the car to bounce. Jiang immediately stopped the car while saying 'something happened', got off the car to check, and dialed 110 and 120.
From the perspective of the colleague inside the car, and through the driving recorder, it can also be seen that Jiang was driving normally at that time, with people riding on both sides of the road. The child riding opposite was hit by a fellow cyclist's bicycle, then fell in front of the moving car and was crushed by the car. The driver has no time to react and avoid. The driving recorder of the involved car shows a speed of around 52km/h, while the bicycle's odometer displays a speed exceeding 37 kilometers per hour at one point.
The picture shows the moment when a child falls captured by the driving recorder
Zhu Pingsheng believes that from a factual perspective, if a child suddenly falls down and the driver has no time to react, the requirements for the driver are actually strict. If there is another possibility that the child has been lying on the ground for some time and the driver's negligence led to direct crushing, this nature is more serious. So, the second scenario is classified as a traffic accident crime, which is a legal requirement. If the local public security is concerned that the road may not be a road, it is reasonable to classify it as the crime of causing death due to negligence.
Zhou Zhaocheng relayed the views of the driver involved. The driver stated that he was driving the car normally and did not exceed the speed limit. At the time of the incident, he could not have foreseen a child riding in the opposite lane. So I am still deeply confused and innocent about being accused of a crime. And he stated that he did not flee after the incident, but chose to call the police and find a way to save the child as soon as possible. He also expressed understanding for the child's relatives forcing him to kneel down after the incident, as the child had unfortunately passed away.
Shouldn't the driver be solely responsible?
It is understood that the incident occurred on the right bank of Nanjuma River, located near Nanbackstage Village, Jiaguang Township, Rongcheng County. This section of the road has not been completed and accepted, and is not open to traffic. However, due to its convenience, many villagers choose to drive through this section to go to work. In addition, nearby villagers will take a walk on the embankment, and cyclists often choose this section of road.
The family stated that Jiang was completely unaware of the situation where traffic was not allowed on the road section where the incident occurred. That's the road that Jiang goes to work on. You can drive directly from the village to this section of road, and there are no signs on that road in their village. "The family said that this section of road has been repaired for two or three years, and there are also many cars passing through it normally.
The picture shows the current situation of the road section involved
The driver's family also stated that the child was indeed crushed and killed by Jiang, but is the person who knocked the child over and threw it into the car during the ride not responsible? Are the people who organize cycling not responsible? Is the management of the highway not responsible? Why is all responsibility now borne by the driver?
Jiang's defense lawyer Zhou Zhaocheng believes that the "intervention factors and causal relationships" worth considering in this case.
Does the father of a child who is under the age of 12 and is riding or competing on the road fulfill his guardianship duties as a guardian, and should the cycling organization bear corresponding responsibilities? Besides the driver, should the contracting and construction parties of the road also bear some responsibility for accidents? Should they be held responsible for their failure to organize timely acceptance and transfer management authority after completion, resulting in a management vacuum on the road?
Fu Jian, director of Henan Zejin Law Firm, analyzed that if the child is under 12 years old and the organizer of the cycling group or team is not aware, then the organizer has not fulfilled the obligation of reasonable review and should bear some responsibility. If a cycling group knowingly allows a child under the age of 12 to participate in cycling and causes an accident, the cycling group shall bear civil liability, including compensating the victim for their losses.
The deceased child was under the age of 12
Regarding the division of responsibilities and evidence collection. In terms of responsibility allocation, it is necessary to comprehensively collect evidence, including but not limited to on-site investigation records, surveillance videos, witness testimonies, vehicle inspection reports, etc., to clarify the specific reasons for the accident and the degree of fault of all parties involved. Especially for key factors such as the driving behavior, vehicle status, speeding, and violation of traffic rules of the driver involved, a detailed investigation should be conducted. At the same time, it should also be considered that the road section is in a special state of "completed but not delivered", and it is necessary to explore whether the construction party and the contracting party have fulfilled their corresponding safety management obligations, whether safety warning signs have been set up, and whether effective protective measures have been taken.
Fu Jian believes that in this case, if the car did not exceed the speed limit and necessary avoidance measures were taken, but still caused the accident due to uncontrollable reasons, its responsibility may be relatively reduced, but the specific division of responsibility needs to be comprehensively judged by relevant departments. Zhu Pingsheng stated that from the perspective of civil cases, regardless of whether the driver involved is fully responsible, primarily responsible, or not responsible, the driver is a primary obligor and the possibility of no responsibility is relatively small.
Regardless of whether they bear full or primary responsibility for traffic accidents, car owners may be liable for compensation in civil matters. According to relevant laws such as the Civil Code, car owners are required to pay death compensation, funeral expenses, and other related costs.
The picture shows a lawyer and Jiang's family
The family of the driver involved, Jiang, told reporters that the local authorities had organized mediation during this period, and their family had tried their best to gather 200000 yuan, hoping to compensate the deceased's family. However, the money was eventually refunded. "We have not been able to see the deceased's family, and we hope to apologize in person and do our best to make up for it
Jiang's defense lawyer Zhou Zhaocheng believes that the tragedy was not desirable by any party, and the above factors collectively led to the accident, with each intervening factor having a significant impact on the outcome of the death. Therefore, it is worth considering and exploring the existence of a "considerable causal relationship" in criminal law between the driver's behavior and the outcome of the child's death.
