Why should pregnant women be responsible for not touching the induced labor car when they slip on an electric bicycle?

category:Society
 Why should pregnant women be responsible for not touching the induced labor car when they slip on an electric bicycle?


On September 20, 2018, Li Min, a pregnant woman, was driving an electric two-wheeled vehicle from east to west along Jiazhuang Town of Shanghe County to the entrance of a supermarket when she happened to turn left in a small car driven by Sun Daoquan (alias). Li Min was injured by a side slip and was sent to hospital for treatment because of his serious injury.

Wechat Public Number Map of Jinan Intermediate Court at the Instant of Accident

During hospitalization, pregnancy was terminated on the advice of doctors because of the need for various examinations and medications.

After the accident, Shanghe County Traffic Police issued a road traffic accident certificate, proving that the vehicle driven by Li Min at the time of the accident was identified as a motor vehicle, and Li Min did not obtain a motor vehicle driving license. After the accident site monitoring, the two vehicles did not contact. The traffic police team did not identify the responsibility for the accident. Because the other party did not compensate, Li Minyi filed a complaint to Shanghe County Peoples Court in Shandong Province, demanding Sun Daoquan and his insured property insurance company to compensate for medical expenses and mental losses of more than 74,000 yuan.

During the trial, Li Min believed that, first, Sun Daoquan should bear the main responsibility for the accident. Before the accident, Sun Daoquans electric two-wheeled vehicle was driving normally. Because Sun Daoquans vehicle suddenly turned around without any warning, Li Min suffered side slip injury due to emergency evacuation. Therefore, Sun Daoquan should take full responsibility for the accident. Li Min does not take responsibility for the accident.

Secondly, the cause of termination of pregnancy is also caused by the accident, and the cost of treatment should be paid by the defendant. After the accident, Li Min was sent to the local hospital for treatment. Because of his serious injury, he was transferred to Jinan Hospital for treatment on the same day. During hospitalization, the pregnancy was terminated on the advice of the doctor because of the need for various examinations and medication. Thirdly, solace money for mental damage should be demanded. As a result of this accident, it terminated pregnancy, causing great mental suffering, and demanded a loss of 50,000 yuan.

Sun Daoquan did not reply to Li Mins propositions. A property insurance company that insured by the insurance company maintains that both vehicles involved are motor vehicles. The turning position of our insured vehicles does not belong to the prohibited turning section, and there is no collision or contact between the two vehicles. The insurance company infers that Li Mins too fast speed or insufficient driving proficiency may be the cause of the accident. Since there was no collision, we do not believe that our insured vehicles should be liable for the accident.

Although Li Min had a doctors suggestion to terminate pregnancy, it was not the inevitable cost of the accident. Therefore, 30% of the cost should be deducted appropriately. Li Mins request for spiritual damage relief, combined with practice, lacks legal basis and is not recognized.

The Shanghe County Court, after hearing, believed that the surveillance video recorded at the time of the accident showed that the road was wet and slippery because of the rain. The vehicle driven by Daoquan before the accident was headed west, and the vehicle was parked on the north side of the road with its tail facing east and shun.

During Sun Daoquans left turn, the vehicle traveled slowly, but did not turn on the turning light. When the vehicle turned to the North-South direction, Li Min drove the vehicle from east to West rapidly, and in the process of avoidance, the right front of Sun Daoquans head slipped and fell.

Combined with the above evidence, the court held that the road surface was wet and slippery at the time of the accident. Sun Daoquans vehicle was not an emergency turn. Li Min drove two-wheeled electric vehicles at a faster speed. During the driving process, he did not pay attention to the observation of the vehicle in front of him. The main cause of the accident was the improper side slip when the vehicle in front turned, and he should bear the main responsibility for the accident.

Sun Daoquans driving speed when turning around is slower, but he has not turned on the turning light, nor paid attention to observe and avoid the normal traffic on the road, which is the secondary cause of the accident and should bear the secondary responsibility for the accident.

During the hospitalization period, Li Mins pre-treatment was mainly traumatic. Because she was pregnant at the time of the accident, many examinations and treatments in the treatment of trauma had certain effects on the fetus. After the doctors advice, she terminated the pregnancy. Therefore, the medical expenses paid by Li Min in the hospital (including the cost of induced labor) were causally related to the accident. Sun Daoquans insurance company should compensate within the scope of liability.

Concerning mental damage consolation. If the infringer causes damage to another person without causing serious consequences, the victim shall not generally support the claim for spiritual damage solace; if the infringer causes damage to another person and causes serious consequences, the infringer may be ordered to compensate the infringer for the corresponding spiritual damage solace at the request of the victim. The amount of compensation for spiritual damage consolation should be determined comprehensively according to the degree of fault of the infringer, the mode of infringement, the circumstances of infringement, the scope of influence and the ability to bear compensation liability. In judicial practice, the disability level of the victim after disability assessment is generally the first and important factor for the court to consider the spiritual damage consolation.

In this accident, although Li Mins condition was not assessed as disabled, Li Min was injured because of the accident. The treatment process had a certain impact on his fetus. After the doctors advice, induced labor operation was carried out, which caused great harm to his body and spirit. Considering the actual situation of the case, considering the degree of fault of both parties and the individual compensation standard of the infringer, the court decided to award the plaintiffs spiritual damage consolation at a discretion of 3000 yuan. To sum up, the losses that Li Min claimed were determined by the court according to law due to the accident should first be borne by the property insurance company within the limit of compulsory traffic insurance, and the insufficient part should be borne by the property insurance company in accordance with 40% of the commercial three risks. Accordingly, the court ruled that the property insurance company paid Li Min more than 28,000 yuan in various expenses. After the judgment, the two parties have not appealed and the judgment takes effect. Source: Responsible Editor of Observer Network: Qiao Jing_N6607

In this accident, although Li Mins condition was not assessed as disabled, Li Min was injured because of the accident. The treatment process had a certain impact on his fetus. After the doctors advice, induced labor operation was carried out, which caused great harm to his body and spirit. Considering the actual situation of the case, considering the degree of fault of both parties and the individual compensation standard of the infringer, the court decided to award the plaintiffs spiritual damage consolation at a discretion of 3000 yuan.

To sum up, the losses that Li Min claimed were determined by the court according to law due to the accident should first be borne by the property insurance company within the limit of compulsory traffic insurance, and the insufficient part should be borne by the property insurance company in accordance with 40% of the commercial three risks. Accordingly, the court ruled that the property insurance company paid Li Min more than 28,000 yuan in various expenses.

After the judgment, the two parties have not appealed and the judgment takes effect.