The electric vehicle is defective, whether the manufacturer is responsible for the traffic accident

  □ Wang Chengyan

  Limous riding an electric car collided with the truck that Zhangmou was driving, causing Limou to die on the spot. When the accident happened, the truck was overloaded and overspeeded. As determined by the traffic police brigade, Zhang took the primary responsibility and Li took the secondary responsibility. In addition, it has been identified that the maximum speed of the electric vehicle driven by Li Mou is 40km/h and the weight of the vehicle is 50kg, which is inconsistent with the manufacturer's instructions, and Li does not have a corresponding driving license, and he did not wear a helmet when the accident occurred. After trial by the court, Zhang and Li were equally responsible for the accident. The insurance company was liable for compensation within the limits of compulsory insurance and commercial insurance. The electric vehicle manufacturer was liable for 30% of Li’s own losses. So, if the electric vehicle itself has defects, should the manufacturer bear joint and several liability for the traffic accident?

  Question: How to determine the nature of the vehicle that Limou is driving an electric car?

  Answer: China’s Road Traffic Safety Law stipulates that non-motorized vehicles refer to vehicles driven by human or animal power and driving on the road, and although they are driven by power devices, the designed maximum speed per hour, the quality of empty vehicles, and the dimensions of the vehicles conform to the relevant national standards. Vehicles such as motorized wheelchairs and electric bicycles. According to the electric vehicle manual, the main technical parameters and performance indicators of the car are: maximum speed ≤20km/h, vehicle mass ≤40kg. But in fact, the actual technical parameters and performance indicators of the electric vehicle are inconsistent with the instructions, and do not meet the requirements of the "General Technical Conditions of Electric Bicycles". According to the relevant laws and regulations, the electric vehicle has defects and should belong to the category of motor vehicles.

  Q: Can the court change the division of responsibilities for a traffic accident certificate?

  A: In this case, Zhang’s driving a speeding and overloaded motor vehicle did not slow down at the intersection, and Li was driving a two-wheeled moped without a helmet and without a driving license. Both parties should be equally responsible for the accident. The traffic accident identification issued by the traffic management department of the public security organ serves as documentary evidence, and cannot be directly used as the basis for the referee, but can only be confirmed after a cross-examination review. If the evidence is sufficient to prove that the liability determination is inconsistent with the facts, the court may determine the liability based on the found facts.

  Q: Is there a causal relationship between defects in electric vehicles and traffic accidents?

  Answer: The electric vehicle driven by the deceased Lee exceeded the national standards for electric bicycles in terms of performance indicators. Compared with the electric vehicles that did not exceed the standard, the driving risk of the electric vehicle involved in the case increased significantly, which increased the probability of accidents and aggravated the accidents. The severity of the consequences. However, electric vehicle manufacturers did not truthfully explain the technical parameters and performance indicators of electric vehicles. There are defects in the use tips of electric vehicles. This defect is somewhat misleading to Li’s safe driving behavior, and the driving risk and the probability of accidents increase significantly. However, as an ordinary electric vehicle buyer, Li Mou also does not have the ability to distinguish whether the electric vehicle involved is a motor vehicle. Therefore, there is a certain causal relationship between the defect of the electric car involved in the case and the traffic accident.

  Q: To what extent should electric vehicle manufacturers bear liability for compensation?

  Answer: The quality of the involved electric vehicle is defective, and there is a certain causal relationship between the defect and the occurrence of a traffic accident. As a producer of the electric vehicle involved, the electric vehicle manufacturer should be liable for the personal damage suffered by Li when using the defective electric vehicle. Tort Liability. However, although the electric vehicle manufacturers did not truthfully explain the vehicle performance parameters, as a person with full civil capacity, when driving an electric vehicle, he did not fulfill his obligation to drive safely, and he also had a certain fault for the consequences of his own damage. Therefore, considering the quality defects of the electric car involved in the case and the effect of Li's driving behavior on the occurrence of the traffic accident and the division of responsibility in this case, the court ruled that the electric car manufacturer was liable for 30% of Li's own losses.

  (Author unit: People's Procuratorate of Quanshan District, Xuzhou City, Jiangsu Province)