Responsibility determination of property employees being hit by cars

Whether the property company should bear the responsibility depends first on whether the custody responsibility has been established between the property company and the owner. If there is a custody responsibility, the property company should give corresponding compensation.

Legal analysis

At present, many residential roads allow social vehicles to pass and belong to legal roads, while some closed residential areas do not allow social vehicles to enter, or residential roads according to strict registration system do not belong to legal roads. Then, if there is a traffic accident in the community, does the property company need to bear joint liability? When a traffic accident occurs in a residential area, it can also be considered whether the property company should bear joint and several liability according to the agreement in the property service contract, and whether the property company is negligent in performing relevant duties.

(1) After causing a traffic accident, the driver of the vehicle should immediately stop and get off to check the casualties.

(2) Call the police immediately. After causing a road traffic accident, the party who has the ability to report to the police shall promptly notify the nearby public security organ or the nearby traffic police on duty, and stay at the scene to wait for rescue after reporting to the police. If the vehicle is insured, the insurance company should also be notified within 48 hours.

(3) Maintain the initial state of the site. After a road traffic accident, we should try our best to avoid moving the location of vehicles and articles at the scene, and protect the evidence at the scene so that traces are not lost. If it is really necessary to move because of rescuing the wounded, it shall be marked in advance before moving, and the scene shall not be deliberately forged or destroyed.

(4) Rescue the wounded and property and reduce losses. If road traffic accidents cause casualties and property losses, the parties concerned shall promptly rescue the injured, and those who take on-site first aid measures shall immediately give first aid, such as bandaging, hemostasis, immobilization and cardiopulmonary resuscitation. And try our best to rescue the injured and try to send them to the nearest hospital nearby for treatment. If there are scattered properties at the scene, they should be properly kept to avoid being taken away by others.

legal ground

"Road Traffic Safety Law of the People's Republic of China" Article 77 If the traffic administrative department of the public security organ receives a report of an accident when a vehicle passes outside the road, it shall be handled with reference to the relevant provisions of this law.

Article 577 of the Civil Code of People's Republic of China (PRC), if one party fails to perform the contractual obligations or the performance of the contractual obligations does not conform to the agreement, it shall bear the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.