Riding accident injuries can claim for compensation?

[case]

In May 7, 2007, Zhao driving a minivan out of work, on the way encountered an acquaintance Wang for a ride home, Zhao by Wang strongly request to let it ride. The way Zhao van and Tian driving vehicles collided Wang injured. Traffic accident responsibility confirmation that, Zhao bear full liability for the traffic accident, Tian Wang no responsibility, no responsibility. In Wang injured and costs, Zhao refuses to compensate, Wang and Zhao went to court, seeking compensation for medical expenses and other related expenses.

Result.

The court trial think, Zhao allow Wang hitchhiking, between the two sides has been formed with kindness by relationship. On the way, Zhao and others traffic accidents causing injury and Wang, Zhao bear full liability for the traffic accident, shall bear tort liability. But because Wang Mou that truck should not be manned and urged the ride, itself also has some fault, should be appropriate to reduce the civil liability of zhao. The judgment, Zhao bear the liability for traffic accident 60%, Wang Mou shall bear the liability for compensation in traffic accident 40%.

Analysis [lawyer]

This invention relates to a motor vehicle damage compensation legal system of hitchhiking problem. The so-called hitchhiking, refers to the driver kindness and free invitation, allowing others to take the vehicle behavior. Hitchhiking and paid by different, when passengers who paid by others on vehicles and in the process because of traffic accident personal injury or property loss, passengers who can choose to tort compensation can also choose a breach of contract claim for compensation. Motor vehicle is not free riders ride to ride for profit, but to motorists to driving, objective and motor vehicle passenger travel purpose is just a coincidence, or just on the way. Kindness with the two sides by did not constitute a passenger transport contract. Because the contract required the parties reached agreement, while hitchhiking of motor vehicle drivers are often based on the relatives, friends and given rider help gratis, and did not take the passenger transportation contract, also without effect on law, so the passenger transportation contract and not established.

But attention is required, a special greeting the customers or others and profit of motor vehicles, even free ride, do not ride, do not belong to the same courtesy by. At the same time, a fellow passenger on the same courtesy shall be subject to the motor vehicle driver's consent, not by consent, not hitchhiking.

Hitchhiking case traffic accidents cause injury by people, whether the motor vehicle driver shall bear civil liability for compensation, depending on different situations: first, if the accident is due to other vehicles caused by other vehicles, shall bear the liability for damages, motor vehicle driver is not liable for damages. Second, if the accident is due to taking good will pick-up of the motor vehicle driver unilaterally caused by vehicle drivers, as the subject of civil compensation, civil liability. Third, if the accident is due to other vehicles and on motor vehicle liability caused by the other parties, the driver of a vehicle and a vehicle drivers constitute joint tort. A party may request the joint tortfeasors shall bear the liability for compensation, but to take the vehicle driver claims for second cases. Fourth, if with kindness by being aware of the driver has been drinking, no driver's license required by, or abetting the speeding driver, with a ban on passenger vehicles, etc., with kindness by people with negligence, contributory negligence can constitute the subject, thus the civil liability for compensation to reduce or waive the driver or vehicle all people.

"On the relevant issues concerning the application of law in the trial of personal injury compensation cases the interpretation of the Supreme People's court" article second: "the victim to the same occurrence or expansion of the damage of intentional, negligence, in accordance with the" general principles of civil law "in article 131st, liability may be mitigated or exempted compensation obligor. But the infringer willfully or through gross negligence causing damage, the victim only ordinary negligence, the compensation obligor'compensation liability does not reduce. Application of the general principles of the civil law "106th" the provisions of the third paragraph of the establishment of the compensation obligor'compensation liability, the victim has gross negligence, the liability for compensation can reduce the obligor to compensation." In this case, Wang Zhao injury is caused by violation of safety regulations, therefore, the court ruling civil liability Zhao bear 60% is in accordance with the law.

[tip] lawyer

Hitchhiking is common in our daily life, in the driver looks just as a friend to help, take the people also tend to think of just ask a friend to help. So, a person because of hitchhiking accident suffers from a personal injury or property loss (especially by a vehicle driver's responsibility of traffic accidents caused by driver), that should not take the compensation for travel, people tend to accept the bad luck, his own money to bear the loss, but even if is free ride, ride the rights and interests of the people is also receive legal protection. A person can according to traffic accident responsibility is different, clear the main compensation, bear the liability for infringement of rights