[case]

In January 18, 2009, a driving the vehicle in a road, Dongfeng truck collided with Jiang Mou driving, some died on the spot. After the accident, the traffic police department as a busy road, the main liability accident; Jiang Mou driving vehicles do not meet the requirements, secondary liability accident. Jiangmou think a transport company own vehicles linked, should by the transport company compensation.

[comments]

In this case, Jiang and a transport company is usually said the link between. In daily life, It is often seen. private car company of affiliation. Because according to the law, the individual can not apply for a license to engage in freight or taxi operation, must be anchored in the operating company, be engaged in operation. In reality the affiliated party have been linked with the party is often the existence of a certain economic interests, affiliated party needs to be affiliated party qualification, affiliated with "management fees", "cost" and other forms from the affiliated party a certain economic benefits, both sides can fit in easily with the required. In line with the consistency of rights and obligations, having been linked units from the affiliated party to obtain economic benefits, it is natural to assume the liability of compensation for the accident loss. If the main power belongs to it, so the affiliated enterprise limited liability; but conversely, if be linked units actually control the vehicle and gets the main profit from, is between the two sides should bear joint and several liability.