China News Service, Xuzhou, March 4th (Zhu Zhigeng and Huang Kun) Helping a neighbor to move a car but a traffic accident happened, who is responsible for this?
The People's Court of Suining County, Jiangsu Province recently heard a traffic accident dispute case, explaining the legal liability of "voluntary helpers" for damages.
Zhu and Gao are neighbors. In December 2020, Gao parked his private car in the courtyard of a farmer's market. Because the parking space occupied the road, he needed to move the car.
While Gao was not at home, Gao’s wife saw that her neighbor, Zhu, happened to be beside the car and asked him to help move the car.
Zhu was studying and preparing for the driver's license test at that time, and he had not obtained a motor vehicle driver's license at that time.
Zhu took the opportunity to "practice his hands", but in the process of moving the car, he accidentally collided with Zhang who was driving an electric tricycle, causing Zhang to be injured.
The accident was confirmed by the traffic police brigade of Suining County Public Security Bureau, Zhu was fully responsible, and Zhang was not responsible.
Zhang spent a lot of medical expenses due to the accident, and it was identified as a disability, so he sued the driver Zhu, the owner Gao and the insurance company to the court.
The Suining County People's Court held that when the accident occurred, the defendant Zhu helped the defendant Gao to move the car, which was a "voluntary helper", and Gao did not expressly reject Zhu's behavior of moving the car, so the damage caused by the helper activities should be the responsibility of the helper. Worker Gao is liable for compensation.
After deducting the compensation for compulsory traffic insurance, the defendant Gao Mou compensated according to the proportion of all liabilities.
Defendant Zhu clearly knew that he had not obtained a motor vehicle driver's license, but still helped others to move the car, which was grossly negligent. Defendant Gao could claim compensation from defendant Zhu after taking the responsibility for compensation.
The judge who heard the case stated that, according to the relevant laws and regulations, “If a worker who provides labor services without compensation causes damage to others in the process of doing labor, the worker who is being helped shall be liable for compensation. The people’s court should support those who seek compensation for the workers.” This case is a typical “voluntary helper” relationship. Zhu helped Gao move the car for free, which saved Gao’s time and Gao gained “benefits”.
Therefore, the obligations and compensation liabilities arising therefrom shall be borne by the assisted workers.
However, Zhu knew that he was not allowed to drive a vehicle without a driver's license, but he was still lucky to have an accident while driving, and he had to bear the responsibility for recovery, which also reflected the legal principle of equal rights and obligations.
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