Lawyer: the family members of the Chongqing bus crash victims can claim compensation from the bus company.

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 Lawyer: the family members of the Chongqing bus crash victims can claim compensation from the bus company.


Official notice said that the assault between passenger Liu Mou and driver Ran Mou had a causal relationship with the harmful consequences in the sense of criminal law. The acts of passenger Liu Mou and driver Ran Mou seriously endangered public safety. They had violated the provisions of Article 115 of the Criminal Law and were suspected of committing a crime.

Lawyer interpretation: who is the victims family to ask for compensation?

So, who is responsible for this incident? Who should the victims families ask for compensation? Do bus companies also have responsibilities? For this reason, justice Jun interviewed lawyers and came to see their interpretation.

1, who is responsible for this incident? Is it criminal or civil?

Lawyer Yang Wenzhan, Beijing Zhongdun Law Firm: There are both criminal and civil liabilities in this incident. Judging from the major cases reported at present, both bus drivers and female passengers constitute crimes of endangering public safety by dangerous means. Because female passengers beat the driver repeatedly, it is very easy to cause collision between the bus and other vehicles, thus causing traffic accidents. After the driver is attacked, he can stop and alarm, but he leaves the steering wheel with both hands and fights with female passengers in the process of bus driving, which constitutes a danger. The crime of endangering public safety.

Lawyer Wu Shizhu of Jiangsu Shengdian Law Firm: There are three main parties responsible, bus company, passenger Liu Mou and driver Ran Mou. Passenger Liu and driver ran certain criminal responsibility. However, according to the newly revised Article 16 of the Criminal Procedure Law, if a criminal suspect dies, he will no longer be held criminally responsible. As a carrier, a public transport company should bear civil liability.

2, who should the victims families ask for compensation? Can civil compensation be paid to the female passenger Lius family?

Lawyer Yang Wenzhan of Beijing Zhongdun Law Firm: From the point of view of the claim of the passengers family members, both parties responsible for the accident have civil liability. Because the bus driver is a duty, his civil liability is the responsibility of his company. Female passengers are jointly and severally liable for bus companies. But because she has died, if she is to be held liable, she can only claim compensation from her heirs within the scope of her inheritance.

Wu Shizhu, lawyer of Jiangsu holy law firm, can claim compensation from the bus company. Because it is most feasible for the families of the victims to claim compensation from the perspective of passenger insurance, the scope of compensation for traffic accidents, and the ability to assume responsibility. Of course, the state attaches great importance to it, and we also see that the relevant rehabilitation work has progressed in an orderly way.

3, what is the legal basis for the responsibility of the bus company?

Lawyer Wu Shizhu of Jiangsu Shengdian Law Firm: Firstly, as a carrier, the public transport company should bear the liability for damages for passengerscasualties in the course of transportation based on Article 302 of the Contract Law. In addition, according to Articles 34 and 48 of the Tort Liability Law, this incident caused the concurrence of liability for breach of contract and liability for tort due to the drivers behavior. The right holder can choose a way to exercise his rights. The most beneficial way to protect the right holder is tort liability.

Female passengers took the station to fight with the driver.

Incident date: October 28th

Place of incident: Yangtze River Second Bridge, Wanzhou District, Chongqing

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, Liu Mou hit Ran Mous right head with his right hand-held mobile phone when the car drove to 348 meters from the south bridge head of Wanzhou Second Yangtze River Bridge. 10 hours 8 minutes 50 seconds, ran a right hand to open the steering wheel to fight back, sideways swinging boxing Liu neck. 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. Fifteen fresh lives fade away, and the lessons are extremely painful. May the dead rest in peace and the living be alert. Source: Justice Network Author: Zhang Kailun Zhang Yi editor: Su Hong _NBJ9980

At 10:8:49 seconds, Liu Mou hit Ran Mous right head with his right hand-held mobile phone when the car drove to 348 meters from the south bridge head of Wanzhou Second Yangtze River Bridge.

10 hours 8 minutes 50 seconds, ran a right hand to open the steering wheel to fight back, sideways swinging boxing Liu neck. 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.

Fifteen fresh lives fade away.

The lesson was extremely painful.

May the dead rest in peace and the living be alert.