Reflections on a battery car motorcycle accident

    The parties to tell me such a rare accident: car motorcycle battery. Ride electric bicycle injuries, riding a motorcycle to death. Accident: car battery side wear mainly responsible Road, negative secondary responsibility motorcycle. The motorcycle did not buy any insurance. The accident was the car battery side is on the way to work, a unit that has no objection injury.

   Battery car party renewed accident of administrative reconsideration, the reconsideration can change the identification results may not know, this does not make the discussion. We hereby put forward the following several problems:

   Problem a: Motorcycle families of victims can sue the car battery unit? Because of the accident when the car battery is on the way to work. If the motorcycle, so the families of the victims get compensation will be guaranteed.

   Question two: non motor vehicle and hit the responsibility proportion and how to share?

   This is a tragic incident. It should be said that the two sides are victims. The motorcycle did not buy insurance, accident car battery may face not to motorcycle claim, because this incident motorcycle main dead. But because of its belong to inductrial injury, the unit can take responsibility for the. The focus of the problem all of a sudden fall in the motorcycle families of the victims.

   First of all, its claim to the car battery party litigation may not have results. This is because, although the car battery to bear the main responsibility for the accident, but the other requirements of the counterclaim is responsible for her accident. And, because the car belonging to the non motor vehicles, in accordance with the law, the damages caused by motorcycle party shall bear all liabilities in insurance liability limit, beyond the part just by sharing the responsibility. And, the exceeding part, motorcycle party although bear secondary liability but also bear 40%. So, this lets a person think of such a problem: Motorcycle party can claim damages to the car side of the unit?

   People don't think. Employees on the way to work, the traffic accident can be borne by the unit responsibility not clearly defined. On the way to work and perform their duties behavior is a difference. Workers in the work path by accident can be thought of as industrial injury regulations. But on the way to work, the damage caused by the units need to assume responsibility for the basis cannot be found. The Supreme Court judicial interpretation of personal injury compensation "employees engaged in employment activities in the course of the damage caused by the employer responsibility", apparently with the car battery is not hiring units, and on the way to work, also can not be forcibly identified as "engaged in employment activities".

   As for the non motor vehicle and hit the proportional share of responsibility, I personally think that is not 6:4, but should be 7:3.