According to @ Xinyu traffic police released the news: October 28, 2018 at 16:58 Xu, Yushui District in Xinyu City Jingkai Avenue, a traffic accident occurred. Driver Yuan Mou drives a small car, driving along the road from south to North (Liangshan Town to Xinyu City) direction, rider Zhong Mou (13 years old) will stretch out the roof of the skylight, when the vehicle to Liangshan Town 800 Bridge Village Weiliyuan Village Road section, through the road high bar, Zhong Mous body and high bar. The collision happened, causing the clock to die on the spot. After the accident, the traffic police detachment of the Xinyu Municipal Public Security Bureau rushed to the scene for processing. At present, the accident is still under investigation.
Video heat transfer, netizens are talking about one after another. Modern Express reporter interviewed a number of law experts, they all think that this is not a traffic accident. The rear car is not legally liable, but there is a moral obligation to remind the front car. The main responsibility is the 13 year old driver and his guardian. In addition, drivers should do their best to remind drivers that they can not extend their duties outside the window.
Focus 1: Witness the whole process of the rear car while shooting, while talking in the car, did not remind the front car, should be responsible?
Xiao Zesheng, a professor of law at Nanjing University and a doctoral advisor, believes that, legally, the rear passenger has no obligation to remind the front passenger. The rear driver and the front car have no contractual relationship, no other relationship, shouldnt be responsible, the video did not stimulate him, to make things happen. From a moral point of view, he should remind the former driver to pay attention to driving safety, but he did not remind, there is no legal fault.
Professor Qu Hongming, a professor of law at Nanjing Normal University and a doctoral advisor, also believes that the rear car is only a moral obligation to remind the front car of potential safety hazards. But because there is no affiliation with the front car, there is no legal liability.
Focus two, can the childrens family claim compensation from the highway management department?
Professor Chun Hongming believes that in this incident, whether the highway management department setting the ceiling pole is responsible depends on whether the ceiling pole is in conformity with the requirements and whether the warning signs are installed in place. If there is no violation of the regulations, there is no need to assume responsibility. The main responsibility lies with the childs guardian.
Focus three, is the driver suspected of causing traffic casualties?
Xiao Zesheng believes that this is not a traffic accident. It is not the accident caused by traffic participants illegal behavior. From the current situation, the driver himself did not violate the rules, and did not collide with other traffic participants.
Xiao Zesheng told Modern Express that the relationship between other people in the car and the 13-year-old passenger was the key to determining responsibility. The child may be playful, but has his guardian been reminded? Did the driver do any duty when he saw the high bar? He believed that the main responsibility was the 13 year old bus driver and his guardian.
Net friend beside you: the rhythm of death! Cant the driver see? The driver of the rear truck is also having problems and deliberate evidence. Is it murder? Forgive me, Conan has seen too much.
Xu Zhengyue evergreen never carved Xie: Can take a video, then how can the rear car not desperately chase to stop the car before it? There are still many ways to stop the emergency, too immoral! Later on, the baby bear, Dads asshole, is too sad.
Netizen HAPV: is the video on the back of the car patted down? In the beat, after the after the car is aware of the front of the limited height, the front is the high railings, will die.
Netizens calm down... : The skylight opens is for you to breathe, not for you to sit on and stick out, this is the basic knowledge of driving, I do not know how the video of the boys parents driving license test out. Netizens fate: Although everyone has a heart of pity, if I was the driver of the rear car the first time I must think of ways to remind the front car, but this idea is estimated to be instantaneous, because if the event was stopped, but did not prevent the tragedy, then the rear car is inextricably linked with this matter! Netizens fart is sweet but not mustard: There is no need to blame the rear car for inaction, because if it had not been for the tragedy now, I think the people in the front car might not have obeyed the advice at all. We can only hope that this incident will give some warning to future people. Source: Modern Express writer: Cai Mengying editor in charge: Shi Jianlei _NBJ11331
Netizens fate: Although everyone has a heart of pity, if I was the driver of the rear car the first time I must think of ways to remind the front car, but this idea is estimated to be instantaneous, because if the event was stopped, but did not prevent the tragedy, then the rear car is inextricably linked with this matter!
Netizens fart is sweet but not mustard: There is no need to blame the rear car for inaction, because if it had not been for the tragedy now, I think the people in the front car might not have obeyed the advice at all. We can only hope that this incident will give some warning to future people.