Pregnant woman riding a tricycle kind carrying elderly accident how to found

Playback events: the morning of June 26, 2011, Yang driving without a license "Red Czech profit" electric tricycle, see two eighty or ninety year old woman on crutches, the old woman stopped her car, said good help to the car road, watching the old action inconvenience, she let the old man on the bus. The way the vehicle rollover, two old people falls to the trunk sitting on one of the old man, Li Cuifang (a pseudonym) after the hospital rescue invalid death. Yang in two people sent to the hospital, see the hospital and their contact, back home with fear. The investigation by public security organs, in court, Li Cuifang's family put forward medical expenses, funeral expenses death compensation totalling 9 yuan compensation claims. Yang expressed willingness to compensation, but their economic condition is poor, not get so much money. Showing the court pronouncement [according to the Urumqi evening news].

In this case, is a typical kind of thing to do, well intentioned people did not get good sad event. Yang said, "on the day, my sister to accompany me to go to the hospital to do a pregnancy test." Yang cried and said, he is Ningxia person, rental in meters east. On the same day, she drove home electric tricycle, in an alley, see two eighty or ninety year old woman on crutches, the old woman stopped her car, said good help to the car road, watching the old action inconvenience, she let the old man on the bus. "When we come to a crossroads, in front of several cars, in order to dodge I swerve, when the car suddenly turned, all fell to the ground." Yang said, see the elderly are injured, his sister did not pain, stopped a car and driver to let sister two people rushed to the hospital, her tricycle to hospital. The 85 year old Li Cuifang for rescue invalid death, 90 year old Chen Sufang (a pseudonym) the old man a slight injury. The testimony of Chen Sufang said, on the day of the accident, he and Li Cuifang had stopped Yang car, let her send a section of the road, the accident happened.

By Yang description can be seen, Yang is out of two elderly kind help, but, the two old man is active stopped Yang electric tricycle, request Yang Mouyun ride. After the incident, Yang actively took the injured man to the hospital, the hospital and the old families until after contact before leaving the hospital. Therefore, in this case, from a legal perspective, a, if the two elderly with full civil capacity, therefore, they volunteered to take Yang electric tricycle, should be responsible for their own behavior on a certain degree; two, if two men because of age or other reasons is to limit human behavior the capacity for civil, the guardian for incidents should bear the corresponding responsibility; three, from the Yang hand, she was not caused by subjective desire, the incident happened on the contrary, she is well intentioned help, therefore, from a legal perspective, should give this plot to take care of. And from the reasonable, Yang selflessly to help the old man, in the case of an accident, the old man died. Who do not want the occurrence of the accident, but the accident who also can not guarantee. Yang agreed to take the old man, old man in a car accident death, this is not the Yang's fault, therefore, should not let the yang to assume too much responsibility. Therefore, if convicted of Yang too much to bear liability, to act in the situation seems quite wrong.

The same case is not rare.

Case 1, 2010 May, Pingqiao town of Zhejiang province Tiantai County of a sell Tofu man Chen Yiqing, kindly with woman, but an accident, recently by the local court sentence, and compensation of 60000 yuan. The neighbors thought he was doing it "flies", should not let him feel, then launched a donation to help him through this.

Case two, August 13, 2011 morning 10 when make, Liu Shisheng woman driving a tricycle to neighboring Feidong County town shop to buy pig feed. On the way home suddenly found not far from the road on both near the high noon the next step by step moved hard, sharp eyed her soon recognized the 76 year old Li Jiazhen and granddaughter Xiao, and immediately speed to catch up, put them in a period, Li Jiazhen readily promised. "Walk, to a camber particularly large crossing, is a roundabout suddenly a young man riding a motorcycle was coming from the opposite direction, in order to avoid him, I smacked direction, head tilted too far, the car, turned over, all three of us were thrown out." Liu Shisheng recalled the scene at the time of the accident, still have a lingering fear. Just a moment, Liu Shisheng's leg was overturned body pressed firmly, Li Jiazhen and Xiao is dumped on the side of the road, the old lady hit the head bleeding. In panic, Liu Shisheng forgot his leg hurt, let crowded around the passers-by to her husband Li Daoyuan reported a letter, he should call 120, send her to hospital. Li Jiazhen brain hemorrhage, the next night will result in serious condition, and heart disease recurrence, lung infections and other symptoms, died. Load Li Jiazhen is well intentioned, did not think of good intentions were to do bad things. Guilty of Liu Shisheng and her husband agreed, "no matter how much money must be compensation"! But to their unexpected is, they has four times to send treatment fee, compensation fee had not sent out! Li Jiazhen was sent to the Feidong county hospital, Li Daoyuan immediately returned home from five thousand yuan for the cost of treatment, but the "send" by Li Jiazhen's daughter-in-law Li Xiaoxiang rebuffed on the spot. "Sister Liu this out of kindness to give my mother a section of the road, the accident was not her intention, and she was also injured, how can we want their money?" Both Liu Shisheng and Li Daoyuan how to insist on, Li Xiaoxiang and her husband refuses to accept the "compensation". "What others do is others, are we. People with my mother-in-law is pure kindness, to say the accident is not their responsibility, to money equal to deny this. We can't let good people to do good, but not good." Li Xiaoxiang said.

From the above two similar cases can be seen, in case one, the public on the events in the doer of good with lenient attitude; in the second case, the casualties families attitude towards others if different, the result is very different. If the victims families of well intentioned people think it is a good help, with understanding, then the event will both understand and help each other. If the victims families to well intentioned people think the other side is allowed to carry, which leads to the relatives of the dead, and should be compensation, just both will fall into the bitterness and pain.

In this case, the Li Cuifang family medical expenses, funeral expenses death compensation totalling 9 yuan compensation claims, insisting that, left Yang took the old man to the hospital, escape behavior. In this view, a Li Cuifang family, the medical expenses, funeral expenses, death compensation totalling 9 yuan's request for compensation is too high, more than Yang's compensation ability; two, Yang does not escape behavior. Yang is the old man to the hospital, afraid to leave the hospital.

At present, people in social life, often meet up of falls in the elderly, anti false accusations was knocked down and things like that. It is the most painful and chilling, no good deed goes unpunished, the hero is the flow of blood and tears. If the civil liability penalty Yang compensation than the mental and the actual bearing capacity, on the Yang, whether she will own the original well intentioned and helped the old man to regret?! The public face of such fine, if later met a similar appeal is find in helping others, or It's better to save trouble.?

The fundamental purpose of the law is to maintain the basic social fairness and justice. Therefore, to do good, in good faith for the purpose of saving people, should pass laws to safeguard their legitimate rights and interests. Only in this way, can the fairness, justice, human experience heart. The role of value guidance laws in order to get correct play. Of course, the role of law is limited, in life, people need to understand each other, mutual understanding, our life will be more harmonious. How to pronounce the case, people rub one's eyes and wait.

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