Cover News Reporter Ma Jiahao
4月6日下午3時左右,重慶渝北區魯能星城旁的泰山大道東段發生一起嚴重車禍。一輛綠色電動車失控撞到道路中的花壇,然後車輛騰空飛起,先後撞上並砸中周邊停放的5輛車,包括小型貨車、計程車和三輛私家車,所幸現場未造成人員傷亡,電動車駕駛員本人也安然無恙。
Screenshot of the scene of the accident
In an interview with Cover News, the lawyer said that although there were no casualties in the accident, the driver of the electric vehicle still needs to compensate the owner of the damaged vehicle.
Nearby businesses restored the incident, and the owner repeatedly emphasized that "he didn't drink alcohol" after getting out of the car
On the evening of the 6th, the cover news reporter came to the scene of the incident and found that there were traces left after the collision and fragments of car parts on the ground. At a fruit shop closest to the scene of the accident, the owner, Mr. Bai, recounted the accident.
"A green car was speeding in the direction of Chongqing North Railway Station, and after hitting Huatai, the car flipped into the air, and finally crashed into these cars parked on the side of the road."
The scene of the accident was a driving lane, and many vehicles were parked on the lane. Photo by Ma Jiahao
Mr. Bai said that because it happened to be a red light at the time, the runaway electric car did not hit other vehicles in action. The worst damage was the three private cars parked in front of his store, the white Audi sedan was smashed in the middle, and the Porsche off-road vehicles and Volkswagen cars on the left and right sides were also damaged to varying degrees.
Mr. Bai also said that the driver of the runaway electric car was a woman, about 30 years old. After the accident, she opened the door and got out of the car on her own.
She just looked in a trance, and she was a little weak, probably frightened, but she didn't seem to be hurt. After getting out of the car, (the female driver) kept saying 'I'm not drinking', and I didn't think I was drinking to the naked eye, and then she went to the side of the road to sit and rest. ”
Various fragments left at the scene of the incident. Photo by Ma Jiahao
The owner of the shop next door to Mr. Bai, a motorcycle repair shop, said that after the female driver got out of the car, he kept saying that the accident occurred because "the vehicle lost control."
修理店老闆告訴記者,轄區交巡警和消防人員第一時間就趕到了現場,事故車輛也陸續被拉走,現場一直處理到下午5點左右。
Mr. Bai also reported to reporters that the three cars that were hit were all parked in the no-parking area at that time. "This is the driving lane, which is supposed to be a no-parking zone, but it has been a long time since vehicles have been parked here."
By reviewing the video and on-site research, the reporter noticed that several vehicles damaged by the collision were indeed parked in the no-parking zone, and the area was actually a straight lane and a right-turn lane.
Lawyer's explanation: Regardless of whether the vehicle is drunk or not, the driver is responsible for whether the vehicle is illegally parked
Regarding the accident, Tan Mintao, a lawyer at Beijing Zhongwen (Xi'an) Law Firm, believes that first of all, the driver faces civil liability. If the accident is caused by the driver's improper behavior, the insurance company that underwrites the compulsory traffic insurance will first compensate within the scope of responsibility, and the insufficient part shall be compensated by the commercial insurance, and if the commercial insurance is insufficient, the vehicle owner shall compensate.
If an accident is caused by a defect in the vehicle, the driver of the motor vehicle, the manufacturer of the defective product, the automobile manufacturer and other relevant parties shall bear the corresponding liability according to the degree of fault in accordance with the law.
Located in Luneng Star City, the scene of the incident on Rangtai Avenue in Rang Taishan. Photo by Ma Jiahao
“目前從現場情況得知,尚無人員傷亡,只涉及財產賠償。但如果造成他人財產損失,無力賠償數額在三十萬元以上的,可以構成交通肇事罪。在本案中,如在保險公司賠償的前提下,女駕駛員只需承擔民事賠償責任。”
Regarding the driver who kept saying that he "didn't drink" at the scene, lawyer Tan Mintao said,If the accident caused by drunk driving or drunk driving constitutes a crime, criminal liability will also be investigated in accordance with the law. In addition, commercial insurance generally does not compensate for traffic accidents caused by drinking. If the owner deliberately causes an accident and is subjectively vicious, he will not only bear civil liability for compensation, but also face severe criminal penalties.
Does a collision with a vehicle parked in a no-parking area affect the division of responsibility? Lawyer Tan Mintao said that under normal circumstances, the hit vehicle is parked in the no-parking zone and there are no warning signs, etc., and the illegal parking vehicle needs to bear certain responsibility. However, if the owner has serious violations such as speeding and failing to pay attention to the road conditions, he is likely to bear the main or even full responsibility.
"The specific division of responsibility needs to be comprehensively judged by the police according to the specific circumstances of the accident scene, such as the driving trajectory, speed, brake marks and other factors of one party." Lawyer Tan Mintao emphasized.
On 7/0, the reporter contacted the traffic patrol police department that dealt with the accident at the scene, and the staff said that the accident was still being processed, and the specific situation was not very clear, and he also provided the phone number of the police surnamed Li who was responsible for the handling of the accident. But as of press time, Officer Li's phone has been turned off.