Case synopsis:

2009Years4Month7Day7Point50In the city of Shanghai Changning District, Zhongshan West Road and Wuyi Road intersection, Zhang from the south to the north across the street, because of something and turned to walk. At this time, Yang driving motorcycle from Zhongshan Road, Wuyi Road driving, walking in the street suddenly Zhang hanging to the ground, and was traveling in the same direction (Buick car owners to xiaomou) right front wheel rolling upper extremity. After the accident, Zhang was sent to the Sixth People's Hospital, after the rescue invalid2009Years4Month8Day17When death; Zhang during the rescue xiaomou payment3Million fee, Yang also paid for1Million yuan.

The traffic police department to make "traffic accident" that: Zhang across the road and walk not after exhumation, street facilities, wrongdoing. Yang driving a motor vehicle in case of pedestrians improper disposal, also has fault, causing the accident is two people together, xiaomou no fault behavior in the accident. The main responsibility of negative secondary responsibility accident Zhang, Yang negative accident, xiaomou not negative accident responsibility.2009Years8Month7Day Zhang mother Zhu Yang, xiaomou to court, demand payment of the total loss430000Element.

After the court trial think, Zhang's death is a combination of the right front wheel rolling Buick driver for driving motorcycle Yang and Xiao two as a result of the behavior, Yang and xiaomou should be in proportion to bear the corresponding liabilities according to their size and the reason of negligence. The final court of First Instance judgement for Zhu Yang130000Yuan Zhu, xiaomou compensation32000Element. Both parties are subject to judgment, said not to appeal.

[] case analysisShanghai traffic accident lawyer  Xiao HaitaoLawyer

Xiao Haitao lawyer: some people may ask, that the responsibility of traffic police, xiaomou has no responsibility for the accident, then why should bear the responsibility for compensation?

Let's have a look "road traffic safety law" provisions of article seventy-sixth:"Motor vehicle traffic accidents caused casualties, property loss, the insurance company in motor vehicle compulsory third party liability insurance liability limits the scope of compensation; lack of parts, shall bear the liability for compensation in accordance with the following provisions:

(a) the traffic accidents between motor vehicles, by the party at fault shall bear the responsibility for compensation; if both parties are at fault, in accordance with their respective proportion of fault responsibility.

(two) motor vehicle and non motor vehicle traffic accidents, pedestrians, non motor vehicle drivers, pedestrians have no fault, the motor vehicle shall bear the responsibility for compensation; there is evidence of non motor vehicle drivers, pedestrians have fault, appropriate to reduce liability light motor vehicle party according to the degree of fault;The motor vehicle shall not at fault, shall bear the liability for compensation of not more than ten percent.

The losses of the traffic accident is a non motor vehicle drivers, pedestrians deliberately collision caused by motor vehicles, the motor vehicle shall not bear the liability of compensation."

    Xiaomou in this case driving causing death without fault; Zhang, Zhang did not mean to be crushed xiaomou driving car, so xiaomou to assume the liability of compensation does not exceed ten percent.  (Shanghai traffic accident lawyer  Xiao Haitao lawyer analysis)