Net friendConsultation.In 2008 January, Wang neighbors Xiao Liu rode a motorcycle to the county office, let Liu for his company, so Wang riding a motorcycle laden with Xiao Liu went to the county, running to the luxury road a unit the door, suddenly from the unit of the hospital suddenly out of a black car, motorcycle knocked down, he was not injured, but Liu was injured, as the cost of treatment costs 30000 yuan, disability rating of nine. Since the car to escape, no one see car brand, the traffic police department has not been able to seize the vehicle. The traffic police brigade "issued by the traffic accident identification book" the conclusion is: the car accident escape, Xiao Liu without responsibility. Now, Liu family for the treatment of debt, asked Wang compensation, Wang said his license complete, without any responsibility, full responsibility for the loss shall be borne by the owners of small Liu escape. I would like to ask: if little Liu Qisu Wang, should be based on what grounds for prosecution? What is the legal basis?

    Reply.In this case, Wang is Xiao Liu invited to process small Liu went to the county in the traffic accident, in this activity, Xiao Wang is a voluntary helper, Liu is the beneficiary. In accordance with the provisions of compensation for personal injury, Wang Xiao Liu for the prosecution, as the beneficiary to certain economic compensation. Legal basis is: 1, the Supreme People's Court on the implementation of "of civil law of the people's Republic" opinion (Trial) "the provisions of Article 157" the parties have no fault to cause damage, but the party is compromised process activities in each other's interests or common interests in, and can be ordered to the other party or the beneficiary to certain economic compensation." 2, the Supreme People's court "on certain issues concerning the application of law in the trial of personal injury compensation case explanation" article fourteenth paragraph second: "help workers because of the infringement of the third party suffers from a personal injury, by the third party liability. Third persons cannot be determined or no compensation ability, can help workers by appropriate compensation." however, Wang must obtain prior evidence, prove Xiao Liu invited him to go. You can take audio, the way of obtaining the evidence.

     If Wang isAsk for a ride to the county to play or Wang although is to help Liu Qu work, but with no evidence, can not be proved to be helped, so, Wang Zuo Xiaoliu's motorcycle will become the "hitchhiking",That is a ride, ride.Wang asFree rider could ask Liu Chengdan some loss?

    Hitchhiking "Characteristic is, first, the Hitcher on other motor vehicle after the motor vehicle driver's consent, and is gratis; second, the motor vehicle is not on others for the Hitcher to operating or travel, but for his own purpose, objective and vehicle ride people driving purpose is just a coincidence, or just on the way. If the main operating or travel to the vehicle for their own purposes, in order to take the objective and at other travel, but also as a goodwill pick-up.

     According to the laws of our country, the formation of free service contract relationship between the free rider and driver, the owner of the vehicle, motor vehicle driver, vehicle all people as the carrier shall be liable to protect their personal and property safety during transport duty, good will pick-up by other vehicles, by no means a person willing to take risks, not that hitchhiker give up suffered a traffic accident damage claim right, the driver can not because the hitchhiker is a free ride to exempt their security obligations, and arbitrary set with kindness by the life, property at disregarding, hitchhiking can not be used as the driver and owner of exemption according to.

     Because of a traffic accident damages, should cause according to the division of the parties should bear the responsibility of traffic accidents, can be divided into the following two situations:

   First, if the rider injured is due to the motor vehicle driver's traffic accidents caused, motor vehicle drivers should bear the liability for damages, but generally not full compensation, the share of compensation according to the hitchhiker on traffic accidents is fault set. If a person without fault, most of the responsibility as the carrier vehicle driver must bear the traffic accident; if the rider is at fault, according to the degree of fault, the liability of the carrier is reduced; if there is a gross negligence or intentionally caused the loss is due to a man's own, motor vehicle drivers can disclaimer.
   Second, if the accident is due to the third party caused by vehicles, shall be made by the third party vehicle shall bear the liability for damages, the motor vehicle driver is not liable for damages, whether to need to bear the compensation responsibility, the law does not specify.

    Therefore, the small Wang Ruo isHitchhiking, its are injured by theThe third partyBridge trucks, Xiao Liu is not at fault.The court can consider the specific circumstancesXiao Liu, determined whether to pay some compensation from fair and successfully resolve the dispute angle.