The bus traffic accident compensation

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---- The bus traffic accident compensation  (http://www.122cn.com/dbbs/dispbbs.asp? Boardid=10&id=4775)

-- Author: Cai Cai
-- Release date: 2006-5-12 21:04:49

-- The bus traffic accident compensation
Everybody is good! My mother in April 5th this year after the morning night bus ride home, sitting in the last row seat on the bus, on the way, because of poor road conditions and driver drives too fast, the vehicle jumping down, my mother was very ill waist. By my father and the bus driver together will my mother sent to people's Hospital, X ray and CT, my mother first section second lumbar compression fracture. Traffic police brigade came to the hospital to understand the situation, that the accident no fault of the parties, belongs to the traffic accident. At present, my mother has left the hospital, the doctor suggested to continue training for about three months at home. I would like to ask the traffic police team: this traffic accident identified whether reasonable? No fault of the parties, but take my mother medical costs and delays, who should bear the cost? We have presented a mediation application to the traffic police team, but we should take economic compensation to the other party by what standards. On the other, my mother would belong to inductrial injury? (added: my mother is 51 years old, had osteoporosis, but in the pre injury all operations are normal) thank you!

-- Authors: the man in the wind
-- Release date: 2006-5-13 2:19:40

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The traffic accident identification is reasonable?

"Traffic accident handling procedures" second these Provisions shall be applicable to the processing of vehicles on the road because of fault or accident caused personal injury or property damage accident. So the qualitative incident is reasonable.

No fault of the parties, medical expenses and loss of working time, cost of treatment who should bear the cost?

I think this accident is not "no fault of the parties", and should be your mother no fault.

According to the "contract law" article 302nd carrier shall be liable for damages in passenger transport in the process of casualties, but caused casualties is attributable to the passenger's own health or the carrier casualties except passenger intentionally, gross negligence.
Your mother buses in the ride, and the carrier (bus company) formed a passenger service contract. The carrier is obliged to timely, safe delivery to your mother, but in the operation, the driver ignored safety (due to poor road conditions and driver drives too fast, causing the vehicle jumping down) that your mother was injured, the injury consequence occurred carrier should assume full liability.

Though your mother "had osteoporosis, but in the pre injury all operations are normal", this is not caused by the direct cause of injuries, so there is no gross negligence, it can not reduce the liability of the bus company.

Since your mother no fault, so the bus company should bear all the cost of damages.

Take economic compensation to each other based on what criteria?

"The Supreme People's Court on the trial of personal injury compensation case applicable laws such as dry issues of interpretation"

Whether to belong to inductrial injury?

National "industrial injury insurance regulations" article14The workers have one of the following cases, should be identified as work-related injuries:

,,,,,,,,,

(six) on their way to work by motor vehicle accidents.

,,,,,,,,,,

Your mother's condition in accordance with the provisions of the above terms, so belong to inductrial injury.

More than personal opinion, for reference only.

-- Author: traffic network
-- Release date: 2006-5-13 9:22:35

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Totally agree.

One, it is the traffic accident, no question about it, but for the traffic police team as an accident, I have different views. The accident, which is not the intent or negligence and an accident, is unpredictable, and should be the parties to exercise reasonable care and unpredictable. The landlord of the traffic accident, a bus driver knows bad road conditions (and should be very aware of the road, the bus driver should be several times a day to and from this road), should take the corresponding measures, slow speed slow, ensure the safety of the passengers in the car; but the bus driver failed to notice a duty of reasonable, not very good at road conditions, did not slow down, resulting in injuries to passengers, in the traffic accident, the driver is at fault, shall bear all liability accident. So, I think, the matter should not be characterized as an accident.

Two, the bus company shall bear all the liabilities for compensation.

This point upstairs has said very clearly, regardless of the traffic accident is an accident, or negligence, accident, the passengers and bus companies are in transit transport contract relationship, not due to my passengers injured passengers, the carrier (bus company) shall bear all the liabilities for compensation.

-- Author: gj471027
-- Release date: 2006-5-13 12:13:00

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Is the driver of the car was caused by the fault of the accident, she made that traffic accident, really be rather baffling.

-- Author: Shao Wen
-- Release date: 2006-5-17 22:51:41

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Support the Starling opinion

-- Author: David
-- Release date: 2006-5-19 10:38:35

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If the car is the driver's fault, it is from the bus company liability, or by the drivers themselves compensation?

-- Author: Shao Wen
-- Release date: 2006-5-22 8:21:50

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Shared

-- Author: mrzhong
-- Release date: 2006-5-29 20:14:14

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This should make compensation for the company

-- Author: traffic network
-- Release date: 2006-5-30 22:06:16

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If the car is the driver's fault, it is from the bus company liability, or by the drivers themselves compensation?

It should be borne by the bus company, because the driver is the act of duty, to the unit shall bear the responsibility for compensation.