[Explanation] Let colleagues take a ride to and from get off work, go shopping, travel and drive with friends... Similar behaviors are not uncommon in life.
However, recently, a news that "man Shun colleague went home and paid 900,000 yuan for a car accident" has attracted many people's attention.
If a traffic accident occurs while carrying someone with good intentions and the passenger is injured, does the driver need to be held responsible?
On January 12, Liu Liwen, a lawyer from Jingkai Law Firm, explained this.
[Concurrent] Liu Liwen, lawyer of Jingkai Law Firm
The civil liability arising from a traffic accident shall not only be determined in accordance with the determination of the liability for the traffic accident, but shall also fully consider the cause and process of the accident, the magnitude of the fault and the causal force of the accident outcome, and rationally distribute the civil liability of the parties.
In the past, most of the court's trials of similar cases were judged by judges based on the specific circumstances of the case.
After the implementation of the new "Civil Code", there is a clear provision for gratuitous boarding, that is to say, if the motor vehicle side is not responsible, it will not compensate; even if the motor vehicle side is responsible, its liability for compensation should be reduced.
[Explanation] What prerequisites must be satisfied for the "good intentions" mentioned in the "Civil Code"?
[Concurrent] Liu Liwen, lawyer of Jingkai Law Firm
The conditions for the goodwill to ride together are firstly free, and secondly, there is no legal or agreed obligation.
For example, black cars and carpooling are not good-willed rides. Both black cars and carpooling are paid, and a passenger contract relationship is formed with the parties.
Another example: taking a test drive vehicle, although it meets the conditions for free, it has a certain commercial nature, and it cannot be considered that the behavior is a good-willed ride.
[Explanation] The "reduction of responsibility" mentioned in "Multiply with good intentions" does not mean no responsibility.
Regarding the claim that some people have to bring their own "disclaimer" when free rides, Liu Liwen said that such a statement has no legal effect.
[Concurrent] Liu Liwen, lawyer of Jingkai Law Firm
The simple thinking of the people may only see that there is no charge for kind-hearted help, but they do not see that the reason why the perpetrator is liable for compensation is that there is a certain fault in the kind-hearted help.
Personal right is a right granted to citizens by law, and is protected by law and is a legal right. Statements or commitments made by individuals such as "no accountability for injuries" have no legal effect.
[Explanation] "Ride with kindness" is a kind of helpful behavior, which is worth advocating and encouraging, Liu Liwen said, but both vehicle drivers and passengers should improve their traffic safety awareness.
[Concurrent] Liu Liwen, lawyer of Jingkai Law Firm
When we agree to a colleague to ride in a vehicle, the first thing we must think about is that we must protect the personal safety of others. How can we fulfill our obligation to protect the personal safety of others?
First, don’t drink and drive, and don’t drink while driving. First of all, you must ensure that your consciousness is sober.
Second, do a simple inspection according to your own vehicle condition. Another and most important thing is to obey the traffic rules and drive safely. If a friend still feels that the protection is not enough, you can consider purchasing commercial insurance or adjusting Existing insurance limit to provide further protection.
Reporter Shan Lu reports from Beijing
Responsible editor: [Ji Xiang]