Traffic accident caused by bus crash lawyer: drivers can be held liable for damages

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 Traffic accident caused by bus crash lawyer: drivers can be held liable for damages


There are 15 people on the bus.

A bus crashed into the Yangtze River at 10:8 a.m. on October 28 after a car collided with a bus at the Second Bridge of the Yangtze River in Wanzhou District, Chongqing, according to a circular received by the mass propaganda department No. 37.

After the accident, the site command organized more than 70 professional salvage vessels, frogman rescue team, underwater robots, cranes and other professional forces around the bus crash waters to carry out search and rescue work.

After investigation, 15 drivers were identified and 13 bodies of the victims were recovered and their identities confirmed.

At 23:28 on October 31st, the wrecking bus was pulled to shore.

The circular pointed out that the public security organs have collected more than 2300 hours of surveillance video and 220 pieces of traffic recorder video, arranged 160 vehicles before and after the incident, and investigated witnesses, drivers and passengers of vehicles around the scene, passengers of vehicles involved getting off in advance, relevant personnel of bus companies and related personnel. 32 people.

At 0.50 a.m. on October 31, after divers salvaged the vehicle logger and SD card, the data of SD card were successfully recovered by the public security organs, and the internal monitoring video of the vehicle was extracted before the accident.

The public security organs conducted a comprehensive survey of 36 stations along the route of No. 22 bus. By visiting four passengers who got off at the first two stops (Nanshan Crossing Station and Huilanta Station), it was confirmed that there was a female passenger with medium stature and light blue jeans inside the bus at that time. She had a quarrel with the driver because she missed the place to get off. After further investigation, the female passenger was Liu (48 years old, Wanzhou District).

Passengers missed the bus stop and quarreled with the driver.

According to the circular, the situation at the time of the incident was as follows:

At 5:1 a.m. on October 28, bus driver Ran Mou (male, 42 years old, Wanzhou District) left home to work. At 5:50, bus No. 22 departed from Wanda Plaza at the starting station and traveled normally along the route of No. 22 bus. When the incident occurred, ran a third train departure. 9:35, passengers Liu in dragon capital square four seasons Huacheng station get on the train, its destination is one home Museum Station.

Because of road maintenance, the No. 22 bus no longer runs through No.1 home library station. When driving to Nanbin Park Station, driver Ran Mou reminded the passengers of No. 1 Home Hall to get off at this station, Liu Mou did not get off. When the car continued on its way, Liu found that the vehicle had passed his destination station and asked to get off, but there was no bus stop and the driver Ran Mou did not stop.

At 10:3:32, Liu got up from his seat and went to the right back of Ranmou who was driving. He leaned on the armrest pillar beside Ranmou and criticized Ranmou. Ranmou turned to explain and argue with Liu many times. The dispute between the two sides escalated gradually, and each other had aggressive language.

At 10:8:49 seconds, when the vehicle traveled to 348 meters away from the south bridge head of Wanzhou Yangtze River Second Bridge, Liu Mou hit Ran Mou on the right side of his head with his mobile phone. At 10:8:50 seconds, Ran Mou released the steering wheel and hit Liu Mou on the neck with his right hand. Later, Liu again hit his shoulder with his cell phone. Ran ran with his right hand and grabbed Lius right upper arm.

At 10:8:51 seconds, Ran Mou took back his right hand and rushed to the left with his right hand (the speed of the vehicle was 51 kilometers per hour), causing the vehicle to lose control and deviate to the left to cross the central solid line. After colliding with the red car (the speed of the vehicle was 58 kilometers per hour), Ran Mou crashed into the river along the road and broke the barrier.

The bulletin indicated that there was no abnormality in the activity track of the driver in the first few days. The night before the accident, the driver Ran Mou had dinner with his parents, did not drink, and returned to his room at 21 oclock. His mental condition was normal. The weather was clear, the road was smooth, no potholes and obstacles, and the line of sight was good. After salvaging and landing, the vehicle was identified by the Judicial Appraisal Institute of Xindao Traffic Accident in Chongqing. The light signal, steering and braking of the vehicle were effective before the accident. The technical condition of the transmission and driving system was normal, and the factors causing the vehicle out of control due to the failure were eliminated.

The two person acts seriously endangering public safety and is suspected of committing a crime.

According to the fact of investigation, passenger Liu Mou had a quarrel with the driving bus driver Ran Mou in the process of taking the bus. He attacked the driving bus driver Ran Mou twice with his mobile phone, which endangered the driving safety of the vehicle and seriously endangered the driving safety of the vehicle.

Ran Mou, as a bus driver, had a quarrel with passenger Liu Mou while driving a bus. After being attacked by Liu Mou, he should realize that the act of retaliation and grabbing would seriously endanger the driving safety of the bus. However, he did not take effective measures to ensure the driving safety. He let the steering wheel open and retaliated against Liu Mou with his right hand, and then blocked Liu Mou with his right hand. The attack of Liu and the arrest of Liu Mou seriously violated the professional regulations of bus drivers.

The assault between passenger Liu Mou and driver Ran Mou caused the vehicle to run out of control and crashed into the river after colliding with a car moving normally opposite direction, causing heavy casualties. Therefore, the assault between passenger Liu Mou and driver Ran Mou has a causal relationship with the harmful consequences in the sense of criminal law. The acts of passenger Liu Mou and driver Ran Mou seriously endanger public safety and have violated the provisions of Article 115 of the Criminal Law and are suspected of committing a crime.

Lawyer: drivers can be held liable for civil damages.

According to the investigation report of Chongqing bus crashing into the river, the bus driver and passengers were assaulted each other, which violated the provisions of Article 115 of the Criminal Law and was suspected of committing a crime.

At noon, a person in the legal profession told Serious Case Unit 37 that drivers should not take dangerous measures to fight when driving. Drivers and passengers may be sentenced to fixed-term imprisonment of not less than three years and not more than ten years in accordance with the provisions of the Criminal Law, even if they do not cause such serious consequences. If a person has been seriously injured or died by dangerous means in this case, he or she will be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death penalty.

The crime of endangering public safety by dangerous means is a serious crime and the maximum penalty is death. In terms of criminal responsibility, Zheng Chuankai, director of the Criminal Legal Affairs Department of Anli Law Firm, explained that according to the relevant laws of our country, people who have died can not be retried and convicted and sentenced.

As for how to compensate for the loss of the family members of the deceased passengers, lawyer Zhao Hu of Zhongwen Law Firm believes that as the family members of the deceased passengers, the law provides two options, which can be used to claim rights and claim compensation for the loss:

Firstly, on the basis of the transport contract, the family members of other passengers in the bus ask the bus company to assume responsibility and compensate for the losses. Passengers buy tickets, get on the bus, and sign a transport contract with the bus company, the bus company has the obligation to transport passengers safely to the destination. In the process of loss of personal and property, the bus company should bear the liability of compensation.

Secondly, because of the infringement, the bus company and the relatives of passengers who have assaulted each other are required to bear the responsibility and compensate for the losses. The acts of bus drivers and passengers causing physical injury to other passengers and damaging the lives of other passengers are torts, which infringe on the personal rights and life rights of other passengers, and should bear tort liability. Bus drivers are duty-related acts, and their responsibilities should be borne by the bus company; although the passengers who have been fighting with the bus drivers have died, her family members should bear the corresponding liabilities within the scope of his inheritance.

Nine numbers

Review of bus crash

On the morning of 28, at 10 a.m. and 08 minutes, a bus crashed into the Yangtze River on the Second Yangtze River Bridge in Wanzhou, Chongqing. Chongqing police reported that after the preliminary accident scene adjustment, the bus suddenly crossed the central solid line in the course of driving, crashed into a car heading for normal driving, then rushed onto the roadside, broke the guardrail and fell into the river.

[15 people

In November 1st, police in Chongqing initially verified that there were 15 missing persons (including 1 bus drivers).

[3 elderly cards

Data collected by bus companies from the accident vehicles show that during the period from 9:52 to 9:59 on the 28th, a total of 8 passengers got on and swiped their cards, of which 3 were old peoples cards and the rest were ordinary cards.

[71 meters

According to the joint working group led by the Ministry of Emergency Management, on the afternoon of October 28, a multi-beam sonar was used by professional salvage vessels of the Chongqing Long-distance Marine Emergency Rescue Team and other units, and an object about 11 meters long and 3 meters wide was found. After underwater detection and positioning, it is determined that the bus falls into the Yangtze River, which is located in the upper reaches of the Second Bridge of the Yangtze River at about 28 meters, and the water depth is about 71 meters.

[70 rescue boats

29 days, 6 oclock, more than 70 ships carried out search and rescue around the bus falling into the river. At 13 oclock on that day, a floating crane with a capacity of 60 tons and experienced operators arrived at the scene.

[35 minutes

The bus is located 71 meters underwater (pressure is 8.5 times the standard atmospheric pressure), exceeding the general 60 meters air diving limit, requiring the use of professional helium and oxygen gas mix, slightly inadvertent divers will be life-threatening. In addition, the divers helium-oxygen diving operation in fresh water lasts for a maximum of 35 minutes, takes 5 to 6 hours to increase and reduce pressure, and takes 24 hours to rest after each operation.

[less than 2 square meters

Zhou Dongrong, captain of the rescue engineering fleet of Shanghai Salvage Bureau, Ministry of Transportation, introduced to the media that all deep-submergence equipment had arrived at the wharf by 23:00 on the 29th. According to the previous survey, the underwater environment is complex, including stones, steel structures, fishing nets and turbulent currents and other risk factors. The underwater visible range of divers is only 1-2 square meters. Diving operation is extremely difficult, and the overturning of buses is not clear. The structure of vehicles may be damaged. The specific situation needs to be further determined after the divers go underwater survey.

At 15:00 on the 30th, rescuers of Chongqing bus crash rescued the body of the 7th victim on a bus crashing into the Yangtze River at a depth of about 71m and 28m upstream of the Second Bridge of the Yangtze River. Two bodies of the victims were also found.

[86 hours] On the night of 31st, after four days of intensive search and rescue, the Wanzhou River-falling bus in Chongqing was salvaged as a whole. The whole rescue lasted for about 86 hours, from the bus falling into the river to salvaging the water. The source of this article: No. 37 editor in chief of case group: Yang Yi _NBJ10647

[86 hours

On the evening of 31 nights, after 4 days of intense search and rescue, the Chongqing Wanzhou Jiangjiang bus was salvaged entirely. The whole rescue lasted for about 86 hours, from the bus falling into the river to salvaging the water.