Zhang driving freight cars and has been docked is repairing Wang driving vehicles collided, resulting in Zhang staff car Zhang San died on the spot, after the police identified, Wang and Zhang were negative equal responsibility for the accident responsibility, Zhang Sanwu, in the traffic police organization and coordination, Wang Mou to Zhang San compensation to families of 14 million yuan, the Zhang San family to Wang Mou to compensation and claim compensation to Zhang, Zhang does not agree, after the prosecution to the court, whether Zhang on the death of Zhang San shall bear the compensation, if the compensation, how compensation?

   I think, Zhang should be liable for the death of Zhang San. Zhang San's death is the result of Zhang and Wang's common behavior, by the behavior of shared responsibility. According to the Supreme People's court "on hearing personal injury compensation case applicable legal interpretation" in third of the second paragraph of "more than two people have no joint intent or negligence, but separately commit several acts indirectly with the same damage, they shall bear their corresponding compensation liabilities according to size or negligence cause proportion." In this case, accident identification single that Zhang and Wang bear equal responsibility for the accident, so it should be according to the "interpretation of personal injury compensation" 17 to 29 compensation project established to determine all Zhang San's loss, all Zhang San's compensation by Wang insurance company first in the limits of liability for compensation. The vehicle compulsory insurance scope of compensation after Zhang and Wang, exceed a part to undertake according to relative responsibility, namely Zhang compensation should be carried out in accordance with the proportion of 50%.

   The case with Zhang San the day before the accident was hired to Zhang and Zhang somewhere, is actually the relationship between employers and employees, but in the process of litigation, Zhang does not recognize the employment of three, Zhang San had no evidence to prove its identity, finally a three on the same passenger identity on Zhang's car hurt filed tort litigation,Requirements for fault vehicle owner Zhang bear corresponding civil liability.This and thePassengers traveling by passenger vehicles, traffic accidents between passenger vehicle accidents or other vehicles, so that passengers suffered lossesIs different. According to the "contract law" to explain 122nd and 302 of contract law, in the establishment of passenger transport contract relationshipThe victim can only be car party liability for breach of contract and according to the basis of passenger transport contract relationshipTort lawThe relationship between the tort law tort to choose one, and cannot claim the two rights. The selection is made in the proceedings, in the first instance court before and alter the litigant request, the people's court shall permit.