The traffic police to deal with accidents inertial thinking death driver wronged

In 2009 04 months 12 days Chinese youth daily [07:52BigIn theSmall[]Print]The existing 30 comments

In October 28, 2008, Inner Mongolia, Baotou City, with two deaths caused by the accident. Issued by the traffic police brigade, "traffic accident" think, speeding driver and road condition observation is not enough, are the direct causes of traffic accidents. But after two months, issued by the Fujian branch of the judicial identification center of "judicial appraisal report" think, the accident vehicle rear axle in a moving vehicle, its sudden rupture accident.

The results of the traffic police accident and third party judicial identification results, is not accidental. Traffic accident cases Xiang Lu Inner Mongolia law firm Ren Xinhua lawyers acting for many years. He thinks, at present the traffic police department serious traffic accident in the treatment of an inertial thinking -- the first consideration is whether the driver drunk driving, speeding and rarely consider the accident vehicle itself, the existence of hidden dangers, the driver suffered unrighted wrong.

Is speeding, or rear axle fracture?

The identification results of two different, caused the dead Wu Yaohua (car) daughter Wu Liying on the question of the traffic accidents.

Wu Liying's mother is the only survivor, the traffic accident she recalled: the accident happened very suddenly, she rides the Toyota overbearing in automobile running suddenly "sound with", then the car to the right a sink, her from the left seat swung to the right, the instinct of her tightly of the seat, with the "Tom, Tom, Tom" a loud noise, the car turned over.

When Wu Liying's mother climbed out of the car window, driver and her husband Wu Yaohua had died.

After the accident, the Baotou Municipal Public Security Bureau Traffic Police Detachment, battalion of the traffic police, measuring and drawing the running track drawing vehicle accident last, first braking trace up to 27 meters, then shift sliding down 25 meters long, then the slip traces dragged 13 meters.

In December 9, 2008, the traffic police brigade according to the identification authentication center of Baotou Municipal Public Security Bureau police detachment and technical inspection of the accident vehicle inspection, issued "the traffic accident report".

Confirmation: the driver on the road from south to north of overspeed speed of 117.9 km / hour driving. Due to the road conditions were not enough, in the corner, the vehicle to the right-hand side of the road, turned to the road in the East, resulting in two deaths, the damage to the vehicle traffic accident. According to relevant laws and regulations, a causal relationship between the driver behavior and the accident, is the direct cause of the accident, all liability accident.

Wu Liying questioned "traffic accident" no mention of "fracture accident of vehicle rear axle is caused overturn reason causal relationship", then consulted Shanghai Automotive Engineers and local car repair engineer, the engineer thought fracture accident vehicle rear axle is abnormal.

In the proved to have a certain basis of their doubts, Wu Liying put forward the request to the traffic police department review. But the Baotou Municipal Public Security Bureau Traffic Police Detachment issued a "traffic accident review decision is inadmissible".

Wu Liying insisted that occurs in the moment, behind the car crash accident, there must be an important reason is the traffic police department ignored.

In December 22, 2008, Wu Liying commissioned by the judicial authentication institutions -- Fujian Zhongke Judicial Identification Center for identification of vehicle accidents.

Fujian Zhongke judicial identification center engineers made a careful analysis of the traffic police department survey map, site map, as well as the vehicle on the road braking traces and photographs of the scene, and the scene of the accident for the exploration of the accident vehicle, the technical inspection.

In December 29, 2008, Fujian branch of the judicial identification center issued identification, the identification result is: "the accident vehicle steering system, the driving and braking system working properly. The accident vehicle rear axle with the vehicle itself burst fracture caused by losing control of the vehicle to the right over the rolling accident."

The traffic police department authorized expert, why shouldn't leak leakage content?

"Breaking the vehicle rear axle in the former, the accident occurred in the later, traffic accident is the fracture of rear axle lead to losing control of the vehicle and the driver, accident responsibility and independent." Judicial identification center of Fujian branch of senior engineer involved in the identification of the accident will be Jianping, with ABS device appears in the car, driving the brake marks 27.6 meters is not a normal phenomenon.

Baotou City Public Security Bureau police detachment of technical inspection and Identification Center Engineer Jia Liru said, the identification results of the center's conclusions and the Fujian branch of the judicial identification center is not in contradiction, because in the traffic police brigade of the authentication, is running speed and collision traces Toyota overbearing SUV before the accident occurred, and no principal body of vehicle accidents were technical inspection and identification.

Jia Liru and the Damao County Traffic Police Battalion Qiao Yongming, have recognized the vehicle rear axle in the car before fracture facts.

Traffic accident cases Xiang Lu Inner Mongolia law firm Ren Xinhua lawyers acting for many years. He thinks, the traffic police in dealing with traffic accidents, often considered to be man-made causes the driver caused traffic accidents, rarely consider the vehicle itself, the existence of hidden dangers.

"In the traffic accident, traffic police brigade is missing, were identified, the fracture accident of vehicle rear axle and why? This is they habitually think speeding is the direct causes of traffic accidents, therefore in identification of accidents, omission of fracture of automotive rear axle is the cause of traffic accident."

Ren Xinhua said, this omission, as a result, is the driver should bear direct responsibility, and in fact, the accident with the driver's operation there is no causal relationship.

"Road traffic safety law" article twenty-first the operability is not strong

According to an industry insider, serious traffic accidents have occurred in 5% is the potential safety problems caused by the automobile itself, but "the people's Republic of China Road Traffic Safety Law" twenty-first stipulation: the driver before driving a motor vehicle on road, it shall carefully examine the motor vehicle safety technical performance; shall not drive a motor vehicle safety facilities are incomplete or the parts are not in conformity with the technical standards, safety. Based on this, the traffic police department serious traffic accident in treatment is rarely consider the car itself is a problem.

Wu Liying accident vehicles have hidden safety problems, in consultation with the accident the traffic police department staff, was asked: "don't you know that driving a safety car is illegal?" Wu Liying wondered: "the car is obviously abnormal, the driver can see, who can see the broken rear axle hidden?"

Ren Xinhua said, "the people's Republic of China Road Traffic Safety Law" article twenty-first the operability is not strong, because usually the driver could not check out whether there is a security vehicle. Besides, for their own safety, the driver can not be driving safety dangers on the road. He thinks, if the vehicle with safety and traffic accidents, let the driver responsible is not scientific. Reporter Li Yubo