According to our newspaper (Reporter Yang Mingqing, Correspondent Zhang Qiang) Passengers took a taxi after drinking and died of sudden illness after being "abandoned" by the driver. Who should be responsible for this?
Recently, the People's Court of West Coast New District of Qingdao City notified the taxi transportation contract dispute that the court heard. The court ruled that the taxi company compensated 30% of the loss caused by the death of the passenger.
At 11 pm on the day of the incident, the taxi driver Wu received a drunk passenger Liu at the entrance of a restaurant.
Liu was confused due to excessive drinking. Wu asked the destination several times and never got a clear answer. After driving a certain distance, Wu asked Liu to get off the car and pay the fare. Liu said that he had no money to pay. Wu and Liu He dragged him off the taxi and drove away alone.
At 12 o'clock that evening, passers-by found Liu on the side of the road and dialed 110 and 120. After the police station received the police and rushed to the scene, it was confirmed by 120 that Liu was dead.
According to the Judicial Appraisal Center, Liu died of acute heart disease, and the excitement and strenuous activities caused by Wu when he forcibly dragged Liu out of the car can aggravate the heart load and constitute the predisposing factor of his heart attack. .
Liu's son sued Wu and the taxi company to the court and demanded that the two defendants pay 30% of the loss caused by Liu's death.
During the trial, Wu and the taxi company believed that Wu asked Liu about the destination many times, but Liu was unable to explain because he was drunk, so that the main contract purpose of delivering him to the destination could not be realized.
In addition, Liu refused to pay the car fare, which constituted a fundamental breach of contract, and Wu was legal to terminate the taxi transportation contract.
After the termination of the transportation contract, Liu's death has nothing to do with Wu and the taxi company.
The court concluded that when Liu took a taxi owned by the taxi company during his lifetime, the two parties formed a taxi transportation contract.
Although Liu had not made clear his destination to Wu during the transportation, Wu knew that Liu was in a drunken state and should foresee that Liu would be unattended by forcibly pulling Liu out of the car late at night. The legal consequences caused.
At the same time, according to the analysis of judicial expertise, the taxi company should take responsibility for improper behavior in the performance of the transportation contract.
Therefore, the court supported Liu's son's claim that Liu should be compensated at 30% of the loss caused by Liu's death.
The judge said that for drunk passengers, taxi drivers are faced with the question of "how to pull the car". In this case, the taxi driver found that the passenger was deeply drunk after getting on the bus. At this time, the two parties have formed a taxi transportation contract relationship. During the transportation, the taxi driver is obliged to protect the life of the passengers. If a passenger is found to be abnormal after getting on the bus, he should be more cautious and responsible. If necessary, he can dial 110 or 120 for rescue. In addition, taxi companies should also strengthen professional and standardized service training for taxi drivers, learn to handle them properly when faced with special circumstances, and ensure the safety of passengers' lives and property with the utmost goodwill.