What are the classic emergency hedging cases?

The classic cases of emergency hedging are as follows:

1On May 5, 990, a bus driver in a city was driving a bus in a normal curve when he suddenly found that Li was driving a taxi not far ahead, and a serious car accident was about to happen. Seeing the goods, Sun Mou quickly turned the steering wheel, turned right and drove into the sidewalk. The accident was avoided, but Guo, who was walking on the sidewalk, was injured.

After being treated by the hospital, Guo spent 30 thousand yuan on medical expenses. Afterwards, Guo found the city bus company and demanded compensation for medical expenses and other losses totaling 50,000 yuan. The bus company believes that the damage was caused by Li's illegal driving, and the responsibility lies with Li.

Li said that he only violated traffic regulations and should be dealt with in accordance with traffic regulations and regulations on administrative penalties for public security, and he was irresponsible for Guo's losses. There was a dispute among the three parties, and Guo appealed to the court.

The final result of this case is:

In this case, Sun's behavior constitutes an emergency hedging. Sun drove into the sidewalk because he had to do it in an emergency and in the case of an upcoming car accident, which avoided a major traffic accident in which two cars collided and caused death and caused little damage to Guo. Therefore, Sun's behavior conforms to the constitutive requirements of emergency hedging.

The responsibility of this case is borne by taxi driver Li. According to Article 129 of the General Principles of Civil Law, if damage is caused by emergency avoidance due to human factors, the person who caused the danger shall be liable for compensation. In this case, Li is a danger. Of course, Li should bear all the losses of Guo.

Reference to the above content: China Travel Service. Case: Emergency hedging behavior