After a gathering of classmates, 1 people were disabled and 8 party participants were paid.

category:Global
 After a gathering of classmates, 1 people were disabled and 8 party participants were paid.


In March of this year, Pu Mou proposed to hold a classmate, 8 students were invited to join and drink together. Then Yang took on PU and another two students to go home, a car accident occurred on the way and 4 injured in the car. After a judicial appraisal, Pu Mou was two disabled and remained in bed all his life. Pu Mou took all the students attending the meeting to court for compensation. The case ended with mediation: most of Yangs compensation was paid by the driver, and the rest of the participants also paid different degrees. According to the judge, students who drink together may be liable for compensation. Reporters interviewed the president of the Jianyang court traffic accident tribunal. He said that such incidents were crucial to see whether there was any fault in the joint drinkers. Event review The students were in a car accident All the attendees lost the money. In March this year, Pu Mou proposed to hold a student union and invited 8 students to attend. At the banquet, everyone has a different degree of drinking. At 3 a.m., four students left on their own. Yang drove the other three people home. When Yang drove to a section of the town of Bai temple in Yuechi County, due to improper operation, the vehicle was tumbling and 4 people were injured. Pu Mou was identified by judicial expertise to be two grade disability, and the other three were slightly injured. The accident was confirmed by the traffic police department. Yang was responsible for driving after drinking and was responsible for traffic accidents. The judge told the reporter, Pu Mou because of the accident in bed for life, will attend the banquet of the 8 students to court, in order to infringe on the right to health, the right to health for the students to compensate for the loss. In March 14th, the case was opened in the court of Yuechi. Finally, the original defendant reached the following agreement in court: after Yang had paid 34 thousand yuan for medical expenses and 6200 yuan for the appraisal fee, the defendants paid 390 thousand yuan to the plaintiff. Among them, Yang was paid 330 thousand yuan for drunk driving, and 15 thousand yuan was paid by Chen and Wu of the car, and the other students at the party were paid 7500 yuan each. The judge told the reporter that, although the case was settled by mediation, the amount of the final concrete compensation did not represent the share of the liability that the court should assume, but in theory, many parties had the liability for compensation. Because the students of the party know that Yangs drinking and driving have not been dissuaded, there is a certain fault, but the students in the car know that Yangs drunk driving is dangerous, still choose to take Yangs motor vehicle, without reminding, dissuading, and there is fault. Authoritative interpretation Does a co drink take responsibility Listen to the judge Reporters on the online referee found that the same cause of the dispute is not uncommon, in many judgments, the same to attend the banquet of the defendant, some are judged to be charged, some are not taken responsibility, different people to bear the same size of responsibility. Why is the result very different? Do people who do not drink or leave the liquor Bureau on the whole should also be held responsible? Can drunkenness avoid dissuade or drive? If a drunk traffic accident hurts a passer-by, can passers-by claim all the people involved in the feast? For this reason, Shui Xudong, the president of the road traffic accident trial court of the Jianyang court, said that the responsibility of the co - drinks was well known to the public, but whether the blame was to see if there was any fault. Will the 1 Wine Bureau sponsor a heavier burden? Chengdu Business Daily: does the sponsor of the liquor Bureau compare with other drinkers? Will the responsibility be heavier? Shui Xudong: the initiator of the wine bureau should pay more attention to the situation of the drunken people than the others, and should have more heavy duty, but the most important responsibility is the intoxication accident and the drunk driver. People who have accidental drunks and drunken driving vehicles have to take the most important responsibility. After all, they are full civil capacity persons, the risk of driving after drinking is greater, and even if the drinkers who drink together are responsible for compensation, the liability for compensation is not very large. 2 if a drinkers are fully discouraged and drunken drivers still drive, can liquor friends be exempt from liability? Chengdu Business Daily: if people who drink together do enough dissuade, but if the drunken person does not listen to dissuade or drive, can people who drink together can be exempted from responsibility? Shui Xudong: whether or not to assume liability for compensation is the key to judging whether there is any fault on the part of the participants. It is not just because of the banquet that it is found that there is a fault. If you know the other person to drink wine to drive, but not to persuade to indulge, then there is fault, if the full good faith, even if not to be persuaded, will not be identified as the existence of fault. In addition, it also depends on whether there is a causal relationship between the consequences and the fault, not the consequences of the damage and whether it is related to drinking, because even after a drunk driving accident, sometimes the cause of the accident may not be related to drinking. 3 do you have to take responsibility for not drinking or leaving halfway? Chengdu Business Daily: do people who do not have a drink or leave the liquor Bureau on the whole should also be held responsible? Shui Xudong: usually these people have no legal fault. They can be regarded as almost divorced from the liquor Bureau. They just participate in the party. However, if there is evidence that they frequently toast, or still require driving after the drink, they may be liable for damages. The key is not to drink without alcohol, but to pay attention to what kind of attitude it takes to drunken drivers. If there is no fault, it will not be liable for compensation. 4 is the Disclaimer signed before drinking? Chengdu Business Daily: before someone signed an exemption clause before drinking alcohol to avoid an accident after drinking, is this exemption valid? Shui Xudong: the disclaimer in case the wine is not responsible is not valid, because the partys duty of care can not be exempted from such an agreement. Even if such a statement is signed, it is necessary to see whether the party is in fault. Of course, it is a proof that if it is clear that he has not been advised to drink, that the drunks drink less, and that it is safe not to drive, it can be a proof, but it is not likely that in everyday life, it is unlikely to be done specifically, which does not conform to the Chinese habit of communication. 5 after a car accident, can passers-by be able to claim all the participants? Chengdu Business Daily: if drunk traffic accidents hurt passers-by, can passers-by take all the people involved in the liquor court and claim the courts support? Shui Xudong: a passer-by has the right to bring all the people involved in drinking to the court, and if there is a fault, and there is a causal relationship between the accident and the occurrence of the accident, such as encouraging the drunkard to drive or not to dissuade, the person involved in drinking may be responsible for the compensation for the fault. In general, compared with those who only attend the banquet, the wine friend of the drunken driver is more likely to be responsible for the fault, because going on the car is a proof of knowing that the other party is drunk without dissuading and not doing the basic hint.