The old man died after riding a bicycle and hitting a person. There is no money to compensate the victim for "nothing can be done with him"?
Lawyers: You can claim according to law before applying for judicial assistance
Li Yan still finds it hard to accept the fact that her father died suddenly.
Although his father is 82 years old, he is healthy, cheerful and optimistic.
Half a month ago, the old man died after being hit by a bicycle on his way out to buy vegetables.
The traffic police in Pengxi, Sichuan once released information that at 8:41 on September 11, Luo was on a bicycle on Shubei Middle Road, Pengxi County, when he knocked down a pedestrian who was crossing the road, and Li died on the same day. .
After the incident, Li Yan learned from the police that the perpetrator Luo was 67 years old, financially unable to compensate, and had a variety of diseases including severe hypertension. "There is no way to take him."
On September 23, Li Yan told the Chengdu Commercial Daily-Red Star News reporter that she had consulted a lawyer and decided to take judicial means to defend her rights.
"It doesn't matter whether you can get compensation or whether the perpetrators will be punished. What I want is legal justice and a formal apology."
What happened: He was injured and killed by hitting a pedestrian by bicycle
The accident happened suddenly, and many nearby shop operators said that they had not seen the incident.
Sister Li, who runs a daily grocery store across the street, recalled that when she saw someone watching, she knew that there was an accident. “The old man was lying on the ground and the perpetrator wanted to help him up, but everyone was discouraged from him.
"I saw the old man sitting up, thinking it was not a big deal." A salesperson at a supermarket next door told reporters that the ambulance and the traffic police came to the scene soon after the incident. Later, I heard that the old man was not rescued.
On September 21, the official Weibo of the Pengxi Traffic Police released a message: On September 11, Luo rode a bicycle from the south gate of Chicheng Town, Pengxi County to Shubeixia Road.
At 8:41 on the same day, when driving to the opposite of Meier Supermarket on Shubei Middle Road, Chicheng Town, Pengxi County, Li knocked down a pedestrian who was crossing the road and injured him. Li died on the same day after being rescued by Suining Central Hospital. .
The reporter noticed on the spot that the incident occurred on a main road in the urban area of Pengxi County.
Along the riding direction of the perpetrator is a downhill road of about 100 meters.
Surveillance video showed that Luo, who was cyclist, did not take the non-motorized lane, and the victim walked onto the motorized lane.
On the afternoon of September 23, the reporter visited the surrounding area and found the victim’s relative, Ms. Li. According to him, the victim was his uncle, who was 82 years old this year.
"The old man is in good health and has a cheerful personality. He originally had a house in Chengdu, but he has been living alone in Pengxi over the years." Ms. Li told reporters not long ago that the old man said that he would live in a nursing home in another five years.
Ms. Li said that on the morning of the incident, the old man was going to buy groceries. When passing by Ms. Li’s store, he went into the store and chatted a few words. Then he went to the vegetable market diagonally across the road. The examination revealed a brain hemorrhage, but no rescue was eventually made."
The victim’s daughter Li Yan told reporters that because he could not worry about his father living alone, his family had suggested that he hire a nanny and even supported him in finding a wife, but the father insisted that he could take care of himself.
Facing difficulties:
The perpetrator is unable to compensate and suffers from illness
Li Yan got the accident certificate from the traffic police department and learned about the perpetrators.
Li Yan told the Red Star reporter that Luo bears the primary responsibility and his father bears the secondary responsibility.
According to the compensation standard, the other party should compensate more than 140,000 yuan.
But she also learned from the police that the 67-year-old Luo had a poor family and had an adopted daughter who was unable to compensate and suffered from various diseases.
On the afternoon of September 23, the reporter found Luo's rental house on the outskirts of the city about 1 kilometer from the scene of the accident.
This is an old brick house, and there are 5 other tenants who rent together in this house.
According to his neighbor, Luo usually lives by growing vegetables.
He opened up two plots of land, one behind the rented house and the other a few kilometers away with a foster daughter's house.
On the afternoon of September 23, Luo and his wife worked in the grounds of the foster daughter's house and did not go home until about 6 in the evening.
Luo told reporters that he used to be a stonemason and has started to grow vegetables for sale in the past two years. The two plots of land together are less than one acre.
On the day of the incident, he happened to pick more than 10 kilograms of vegetables from the land of his adopted daughter's family, and put them on the back rack of the bicycle to take them back to the city for sale. As a result, there was an accident on the road.
Luo said that the police took him to the hospital for a physical examination on the second day of the incident and confirmed that he was ill.
At the door of his rental house, he also took out the medicine in the drawer to confirm that he had severe hypertension and other diseases.
He bought that bicycle a few years ago, and neighbors said that because of inconvenience, he has repeatedly witnessed him fall while riding.
Luo told reporters that after renting a house in the city for more than 10 years, the house in his hometown has collapsed and is unable to live.
In Zhenfu Village, Mingfeng Town, Pengxi County, the reporter visited Luo's hometown and found that Luo did not go home for many years. There were weeds around his old house, the roof had collapsed, and only a few low walls remained.
In Zhenfu Village, a number of villagers confirmed that Luo had a difficult life, had injured his leg, had a "simpler mind", and had no children after starting a family with a woman from the same village.
Family members of the victim:
At least a formal apology
Luo's family situation makes Li Yan feel helpless.
But what made her even more angry was that after the accident, Luo never contacted to express apology.
Luo also confirmed to reporters that he saw Li Yan and his sister during the police coordination process. The other party was emotional at the time, and he did not apologize. Afterwards, he was worried that he would be "entangled" by the other party and did not dare to contact the other party.
"If I want money, I have to go to jail to help me arrange these two people and I am willing to go." Luo Mou bluntly said that he has no money to compensate. He said "two people", one is his wife in his 70s, and the other is renting. The brother of the wife who lives in the next room.
According to his introduction, his wife's brother has no other relatives and is usually taken care of by him.
"In the current situation, it doesn't matter whether you can get compensation or whether the perpetrators will be punished. What I want is legal justice and a formal apology." Li Yan told reporters, knowing Luo's situation Later, she has consulted with a lawyer, ready to go through judicial channels to "seeking justice."
"Maybe this will give my father an explanation." Li Yan said that this is the only thing she can do at present.
Law|teacher|speaking|law
The perpetrator is unable to compensate
Available to court
Apply for judicial assistance
Lawyer Feng Jun, a member of the Rights Protection Committee of the Sichuan Lawyers Association, said that the legal process should be considered from two perspectives in this case. The first is the criminal part. Although the perpetrator cannot be imprisoned temporarily due to physical reasons, in the procedures stipulated in the Criminal Procedure Law of our country, When investigating criminal suspects, it is not a prerequisite for criminal suspects to be held in prison. Therefore, public security organs can still exercise investigative powers in this case, and prosecutors can also review and prosecute them in accordance with the law. It can also be tried in accordance with the law.
Second, with regard to the civil part, the victim’s close relatives can file a criminal incidental civil lawsuit. In legal procedures, they can make a complete claim within the scope of the civil claim, and the court can determine an accurate compensation amount.
As for whether the perpetrator has the ability to make actual compensation, Feng Jun said that whether the perpetrator has the actual ability to compensate and how much compensation should be borne are two different legal concepts that can be completely separated.
In this case, the victim’s close relatives should still claim it in accordance with the law.
If the perpetrator is indeed unable to compensate due to limited conditions, the victim’s close relatives can also apply to the court for judicial assistance.
Li Wei, a lawyer from Sichuan Henghexin Law Firm, also said that if a crime is suspected, the victim should report to the police and the police should accept it in accordance with the law. If there is a crime, the criminal investigation procedure should be initiated immediately.
As for whether the suspect can be put in prison due to physical reasons, he must go through legal procedures and seek medical treatment outside the prison, which must reflect the seriousness of the law.
Chengdu Commercial Daily-Red Star News Reporter
Yang Ling Photo Report