标题: Legal experts doubts [打印本页] 作者: 更好投入更换 时间: 2014-10-3 23:18 标题: Legal experts doubts In August 5th 3:19 or so, Nanjing Zhongshan North Road intersection Hubei major accident occurred. The traffic control department announced yesterday an accident finds that: "Infiniti" the driver drunk driving, speeding, running red lights, bear the main responsibility for the accident; truck driver ran a red light, bear secondary responsibility for the accident; passengers, pedestrians do not assume the responsibility for the accident. Currently, responsibility for the accident has been paid to the families of Confirmation party.
Source: Jiangsu Satellite TV
Nanjing Yangzi Evening News reporter Guo Yipeng correspondent Xuan pay
Video decryption
Two car parts flying slam Sparks
At 3:19 on August 5, 2012 or so, after Jiaomou drunk (blood alcohol content was tested for 188.4mg / 100ml) driver deliberately obscured license plate number A97G37 Su small car, speeding along Zhongshan North Road, from south to north to Hubei Road intersection, the intersection is being released left turn green signal from north to east, north to south Jiaomou break straight through a red signal intersection, the left front portion of his car and crashed into the south east along Hubei route to the intersection with a left turn through a red light signal in the middle, Driving high of a number of Soviet A166D6 ordinary light truck left rear, the car lost control after impact Su A97G37, taxiing to the northeast corner of the intersection and hit a pedestrian standing on the northeast corner of the intersection of Wu and the machine ends the non-isolated green islands and green the island's traffic signs, lights poles, causing the Soviet Union A97G37 two passengers fell out of the car, resulting in four deaths in road traffic accidents.
Finds out after the accident, the traffic control department of Nanjing also released the first video of the incident collision. Reporters saw, time is displayed as 3:19:36, when a blue truck slowly turn left onto the road by the Hubei Zhongshan North Road, just after a second, the truck driver found galloped to the "Infiniti" car, hit a knee-jerk right direction. May be because the other side of the speed is too fast, plus the truck is longer, simply can not avoid, cars severely hit the left rear truck. Instant impact, as red lights, the number of seconds left in the countdown 41 seconds, "Infiniti" clearly ran a red light, but because of the angle of the problem monitoring, truck ran a red light screen can not be displayed. Although only watch videos, can be friction when crashing out sparks flying everywhere parts shocking.
After five seconds,hogan sito ufficiale, all was quiet, people sighed with regret that the four young lives end.
Accident identified
Car driver responsible for the main responsibility for truck drivers times
Jiaomou drunken driving after speeding on city roads, through traffic lights controlled intersections when not indicated by the intersection, is the main cause of the accident in accordance with traffic lights; high of a driving a motor vehicle through traffic lights When controlled intersections, traffic lights did not follow instructions through the intersection,http://board.myhosting-germany.de/index.php?page=Thread&threadID=116664, is a secondary cause of the accident. According to "deal with the procedural requirements of road traffic accidents" Regulations "People's Republic of China on Road Traffic Safety Law Implementation Regulations" and related terms, Jiaomou bear the main responsibility for this accident, the high of a bear secondary responsibility for this accident. The passengers, pedestrians do not bear responsibility for this accident. The traffic control department reminded drivers again, emphasis traffic safety is everyone's duty, it is everyone's responsibility to comply with traffic regulations, is to respect themselves and others lives. For you and the safety of others, do not drink and drive, not speeding, not running red lights, please love life, law-abiding travelers, civilized travel. Nanjing Yangzi Evening News reporter Guo Yipeng correspondent Xuan pay
4:00 traffic control who answers questions
1
"Infiniti" speed how fast? How identified?
At that time the speed is 173 km / h,scarpe hogan outlet, by many estimates of the ultimate surveillance video
Incidents identified in the written "Infiniti" speeding, reporters from a traffic control person at that, then speed enough to have 173 km / h. "We analogy, with this speed run distance, from south to north central China Gate door, just a line." The source said, the shortest driving distance between these two points is 9.4 km, according to this speed, ran down only 3 minutes and 10 seconds,nike tn, it is amazing. So this is how to measure the speed out of it? "Just by the extent of the damage of the vehicle, the vehicle comes with the trip computer is not feasible." The source said, they are actually looking through multiple surveillance video, eventually locked the discovery "Infiniti" two points, then the image of moving difference between the estimates of the final speed.
2
How to determine the truck ran a red light?
Found three chain of evidence,air jordan pas cher, and ultimately the truck driver admitted
The source said that, in fact, after the accident, they basically locked truck ran a red light at that time, but the lack of evidence chain. "It was the first clue is the timing lights." The source said, they found through research in the collision that occurred segment, south to north direction when the red light 41 seconds left, turn left along the south east of Hubei route lights should also be a red light, turn left just north east is green. This alone is not enough clues, after all, there can not be excluded signal failure. "We investigated and found there was a taxi behind the van." The source said,louboutin pas cher, they quickly contacted the taxi driver, he confirmed the truck ran a red light. After merging two clues, and finally asked the truck driver a high, he also admitted that the red light of the facts. Three chain of evidence and ultimately determine the truck ran a red light.
3
The passengers, pedestrians why not bear responsibility?
They are not at fault, knowing that the car driver drunk driving laws have no clear statement
Confirming the accident, passengers and pedestrians do not bear responsibility, the person responded by saying that they are not at fault in the accident. "Passengers no violations in the accident, there is no fault, so do not take responsibility." The source said, although it was suggested that they also knew the driver drunk driving car, can this law does not require, but the accident and the occupant has no relevance. As a pedestrian, when he was standing at the northeast corner of the intersection, there is no impact on the accident, had become a victim,nike tn requin pas cher, naturally, without having to bear responsibility.
4
How bear primary and secondary liability?
Traffic control source said under normal circumstances, 70% of car drivers bear responsibility for truck drivers 3 percent
Primary and secondary responsibilities more general responsibilities, then the "Infiniti" the driver of the lorry drivers and how much each bear it? "Said Conventionally, seven, three open." The source said, "Infiniti" drivers assume Qi Cheng, truck drivers bear three. The source pointed out that, in fact, bear the loss counted together, that is, the death of four people in a car damage compensation and the total number, and then they each bear the responsibility for compensation.
Yangzi Evening News reporter Guo Yipeng
The families how to see?
Mr. Gao's father, lorry drivers:
Very worried about his son's mental condition
Yesterday afternoon, the Yangzi Evening News reporter found that the accident was published after the first time to contact the responsibility of driving the truck driver Mr. Gao's father. Over the phone, Mr. Gao father sounds low, but also slightly several more tearful voice, he said his son assume responsibility in the accident time and knowledge. "He has recently been a bad mood." Mr. Gao father told the Yangtze Evening News reporter, before the sun cheerful son, now home to a smiling face at all. Mr. Gao's father said, and now he is worried that his son's mental state, more often he does not understand, but I hope his son can quickly recover. Mr. Gao's home is located in the Yangtze River in Nanjing Hanzhong Gate Avenue and Avenue near the intersection of a row of bungalows. Yesterday, reporters once again came to Mr. Gao's residence, but the house remained closed the door, the door was locked. Upon learning of the accident results, Mr. Gao neighbor Wang said, Mr. Gao family income can feed their families on the good, not to talk about other people's money lost.
Ms. Ge mother killed passenger cars:
Two passenger finds no responsibility, be the point of comfort
The young lady who just turned 16 years old this year, Ge incident Infiniti sedan sat back, thrown out of the bus in the accident, but unfortunately perish. Miss Wang Ge mother still in tears. Ms. Wang said that the Internet just got a responsibility to the accident found the book, which clearly states the two children are not responsibilities. "In fact,http://learningnetwork.childrensfoodtrust.org.uk/login/index.php?item/create_form/1, talking about everything late, two children were not in the." Ms. Wang said, the responsibility identified at least shows the two children are innocent, but also be a little pleased. How do you want to look at the total family together.
Mr Wu pedestrians killed his wife:
Hope to sit down and talk as soon as the party responsible for
Yesterday afternoon, the Yangzi Evening News reporter was removed links to the pedestrian killed in an accident, Mr. Wu's wife Chan, she told reporters that her husband is a former pillar of the family,louboutin pas cher, and now he has gone away, the family suddenly empty again. "I have a child." Miss Chen expressed the hope that the responsible party can sit down and talk about as soon as possible. Mr. Wu's cousin Mr Wong also said they also heard Mr. Gao difficult family situation, and will consider, as appropriate.
Yangzi Evening News reporter quarter Yuxuan
Insurance claims expert
Total compensation of about 2.9 million yuan, pay high insurance paid 222 000
Infiniti drivers Jiaomou bear responsibility for 70% duty truck drivers bear responsibility for a 3 percent higher, specifically how to calculate compensation insurance? Yesterday, the reporter interviewed the insurance company claims specialist.
Jiangsu, a property insurance company claims department head Chen said that four people died in the accident, including the Infiniti car damage rear truck total loss and damage. Hence the need to estimate an overall amount,http://www.klonopinbuy.fora.pl/index.php?item/create_form/1, minus pay high insurance compensation, then in accordance with the ratio of 3: 7 by truck drivers high of a party (including commercial and personal insurance payment paid), and related civil heir Infiniti drivers Jiaomou commitment. "If a truck driver high-insured commercial auto insurance, they bear the responsibility for compensation from the insurance company after a part of the remaining portion borne by the high of a person. Jiaomou due to the Department of drunk driving, no insurance company commercial auto insurance payment,hogan outlet sito ufficiale, which requires commitment partially borne by the civil. "Chen said.
Subsequently, Chen probably estimated as follows: If the $ 600,http://tonydog518.lauraonline.net/read.php?tid=1486706,000 calculated in accordance with each person's death compensation, the amount of compensation totaled four deceased 240 million. Infiniti total loss is assumed to be 500,000 yuan. Truck rear car damage is estimated at several thousand dollars, paid the accident involved a total of about 2.9 million yuan.
In theory, the specific payment deduction steps are: first truck traffic compulsory insurance deductions paid 112,peuterey 2014,000 yuan (including 11 million for four of the death benefit, $ 2,000 for Infiniti car damage); after deducting Infiniti pay high insurance paid 11 million for the death benefit (due to drunk driving Infiniti driver system, this part of the first by the insurance companies to pay high insurance advance, after which they recover). After deducting pay high insurance payment needs there are about 2.68 million yuan compensation. According to this part 3: the proportion of seven commitments of approximately 800,000, and truck drivers high of a party,christian louboutin soldes, Infiniti Jiaomou party commitments of approximately 1.88 million.
This high of a bear 800 000, if its insured commercial car damage insurance, third party liability insurance, non-deductible insurance, the insurance company's first commercial payment deducted. "Generally speaking, the truck is about 20-30 million insured." Chen estimates ManDaManSuan can lose to 300,000 commercial auto insurance, then this high of a car accident may have personal compensation to 500,000.
While 1.88 million and pay high insurance advances 110,http://tonydog518.lauraonline.net/read.php?tid=1489787,000 Jiaomou side, add a total of about 2 million, may have to bear its related civil heir.
During the interview, Chen told reporters stressed that this is only infer that he carried out according to common sense and measure. "Roughly compensation logic so, the specific compensation standards and procedures, or to the two sides of the vehicle insurance company argument prevail."
Yangzi Evening News reporter Ma Yan
Legal experts doubts
Infiniti driver was killed, that he who is going to lose out?
Yesterday, police released the accident liability recognized Conclusion: Infiniti drivers bear the main responsibility for the accident, the truck driver negative secondary responsibility for the accident occurred, pedestrians and passengers irresponsible. The amount of compensation Infiniti drivers need to take the highest, only pedestrians and two passengers died compensation reached 1.26 million. Jiaomou accident also killed, he has grown, in accordance with the law, parents have no obligation to help him compensation, which he should bear the compensation from his estate. But Jiaomou just a 20 years old, not yet married young, before the accident to live together with their parents, unless there is room under the name of the car, otherwise they would not have too much personal heritage. So that the deceased can find a little comfort that Jiaomou father while also lost their loved ones, grief, but decided to bear up the responsibility for his son. Recently, an interview with reporters, he said that it would make the greatest possible compensation.
Police only mentioned the two responsible parties, other people can not responsibility?
There asks users: police only mentioned the two responsible parties,hogan sito ufficiale,http://www.zhukao5.com/forum.php?mod=viewthread&tid=766426, it means that other people do not have responsibility? Reporter interviewed Jiang Su Xidian Law Office lawyer Luo Lijun. Luo Lijun said that is not the case. Luo Lijun said that the traffic police to clarify who is responsible only for people directly responsible for the accident, for those not directly cause an accident, but the person at fault accident, will not be identified. But these "indirect responsibility" and should bear the liability and fault adapt. Case, the driver at the same table with the Infiniti drinking personnel, if there is "knowingly drunk driving but not discouraged" or "force drinks" fault behavior, the claim will be faced together with two pilots. However, this is after all just additional liability, according to the experience of Luo Lijun, and will not exceed 10%. In addition, staff have identified the same table drinking fault to the evidence,abercrombie france, the injured party to bear the burden of proof.
Compensation is not enough, then how to do?
If the responsible person can come up with compensation limited to, insufficient compensation for the loss of all the victims,http://www.minigamesparadise.com/activity/p/224823/, how to do? Luo Lijun said that priority should be compensation to pedestrians Wu, Wu for the accident because there is no responsibility, nor any fault in the accident,http://www.rochesterchess.com/forum/profile.php?id=19490, his family deserve priority claim.
Two Infiniti passengers may have to bear part of the responsibility themselves. First of all, they are free ride, the court will generally based on the principle of fairness appropriate to reduce the liability Infiniti driver. Secondly, if they know the driver has a lot of drinking, still take their car, that they set their own lives and safety of the expense, must bear some responsibility for the accident and his death.
Yangzi Evening News reporter Chen Shanshan