The driver helped the boss turn on the blender and killed someone. Should the driver bear the compensation?

If it constitutes a traffic accident crime, the driver shall bear criminal responsibility. However, the liability for compensation beyond insurance is generally borne by the employer, not the driver. However, if the employer has evidence to prove that the laborer intentionally or grossly neglects to cause a traffic accident, the laborer shall bear joint liability with the employer.

Legal analysis

According to the relevant laws and regulations, when determining the responsibility of traffic accidents, the legal obligations of all parties to the accidents must be confirmed according to law; The priority principle of confirming the legal obligations of all parties according to law; Confirm the role of all parties' actions and the severity of faults in traffic accidents; According to the role of each party's behavior in traffic accidents and the severity of faults, different traffic accident responsibilities are confirmed. The identification of traffic accidents should grasp the principles of behavioral responsibility, causality, right of way and safety. The liability insurance system is a system that effectively disperses the damage and rationally distributes the business risks of enterprises. The employer's vicarious liability is not only conducive to providing timely and adequate relief to the victims, but also conducive to strengthening the management of enterprises, strengthening the education of workers and employees, and raising their awareness of risk prevention. What needs to be emphasized is that if an employee intentionally or grossly neglects to cause damage to others, he should also be responsible for his own tort and be jointly and severally liable for compensation with the employer.

legal ground

People's Republic of China (PRC) Civil Code

Article 119 If a staff member of an employing unit causes damage to others due to the performance of work tasks, the employing unit shall bear tort liability. After the employer assumes the tort liability, it may claim compensation from the staff who have intentional or gross negligence. During the period of labor dispatch, if the dispatched personnel cause damage to others due to the execution of work tasks, the employing unit that accepts labor dispatch shall bear tort liability; If the labor dispatch unit is at fault, it shall bear corresponding responsibilities.

Article 1 192 If a labor relationship is formed between individuals, and the party providing labor services causes damage to others, the party receiving labor services shall bear tort liability. After assuming the tort liability, the party receiving the labor service may claim compensation from the party providing the labor service with intentional or gross negligence. If the party providing labor services suffers damage due to labor services, it shall bear corresponding responsibilities according to the respective faults of both parties. During the period of providing labor services, if the behavior of a third party causes damage to the party providing labor services, the party providing labor services has the right to request the third party to bear tort liability and the party receiving labor services to compensate. After receiving compensation, the laborer may claim compensation from a third party.