What if someone hitchhiked and had an accident?

Event replay "hitchhiking" A car accident paralyzed man claims 1.4 million from his friend.

A few days ago, the Shapingba District Court of Chongqing tried and decided a case. In this case, 36-year-old Yi and 35-year-old Qu were colleagues. On the evening of 20 12 17, Qu and Yi went to eat together. After the meal, Yimou returned together in the car driven by Qu, but unexpectedly encountered a car accident on the way. Subsequently, Yimou was taken to the hospital for rescue. Although he saved his life, Yimou was paralyzed by a neck fracture. After judicial appraisal, it is a first-class disability.

Subsequently, Yimou brought Qu Mou, who was driving the car, and Hu Mou, the owner of the accident vehicle, to court, demanding compensation for medical expenses, continuing medical expenses and disability compensation. , totaling 1.4 million yuan.

Finally, the court of first instance ruled that Yimou's medical expenses, nursing expenses and disability compensation caused by this car accident totaled more than 980,000 yuan, of which 790,000 yuan (80%) was borne by Qu, and the remaining 6,543,809 yuan (20%) was borne by Yimou himself. In addition, Qu should also compensate Yi mental damage compensation for 30,000 yuan.

As soon as this incident came out, it once again triggered a discussion about hitchhiking. Is it right to take a free ride in a friend's car and claim compensation from a friend after an accident?

news gathering

Support the claim faction: the driver is the responsible person, the passengers ride free of charge, and the safety should also be guaranteed.

Liao Ping, who lives in Longquan Garden in Yuzhong District, has kept a habit for many years: no hitchhiking. "I don't want to cause trouble to my colleagues and friends," Liao Ping said. Now that the traffic is very convenient, she doesn't want to hitch a ride and let others divert traffic. "Now the fuel cost is also high, once it is ok, others will be unhappy if the number of times is more."

Liao Ping believes that Yimou's situation is not uncommon in life, and his claim is normal. "If it is, I will also ask for compensation. Although it is a free ride, the driver should do his best to ensure the safety of passengers. "

All the people who work in a property company in Nan 'an District have been pregnant for five months, and going to work every day has become a very troublesome thing.

"Before, it was suggested that I could hitch a ride with my colleagues, but I was pregnant and others were worried that there would be bumps and troubles." Quan said that if something happened to her hitchhiking, she should also claim compensation from her colleagues. Although the relationship may be tense, it is the responsibility of the driver.

Anti-claim faction: it is not "kindness" for car owners to provide convenience for claims.

Chen Wen, who works in a real estate company in the northern new district, is a typical hitchhiker. In Chen Wen's view, it is not "kind" to ask for compensation after a ride.

Chen Wen's company is in the wealth center of the northern new district, and her family lives in Dazhulin. "This distance is not far, but it is inconvenient." Chen Wen said that if she took the light rail, she had to walk nearly two stops to get to the station on the other side of Liangjiang Happiness Square, and the long queue of buses during commuting time gave her a headache. "There happened to be a colleague living near the big bamboo forest, so I took a ride."

Chen Wen said that if there is any accident, she will not claim compensation from her colleagues. "They are all good colleagues or good friends. Even if something goes wrong, I am embarrassed to let others take responsibility. "

Luo, who lives in Shunxiang Street, dadukou district, takes a friend's car home after work every day. He admitted that if he had an accident, he would not claim compensation from the owner.

"To be honest, if everyone takes someone else's car when they need it, and someone else is responsible for something, then the owner will be too embarrassed." Luo said that colleagues and friends did it out of kindness, and others provided convenience for themselves. Once something goes wrong, they are claimed, who will dare to do anything with you in the future?

Neutral: If you have to "rub the car", what is the claim?

Zhangyan, who lives in Xicheng Jingyuan, Jiulongpo District, thinks that whether to take a ride or claim for compensation depends on different circumstances. "If the owner is a friend or colleague I am familiar with, I will choose a ride." Zhangyan said that people who are familiar with driving skills will feel at ease. "If there is a problem, I won't ask for compensation. After all, they are all friends and relatives. " Of course, zhangyan said that if an ordinary person has an accident, he will claim compensation according to the responsibility of the accident.

Zhangyan also believes that hitchhiking is always convenient, but it should not be the first choice. "If I want to go to a place with convenient transportation, light rail or bus, even if I walk a little, I won't choose a ride."

Sociologist: We should avoid risks reasonably and don't "habitually hitchhike"

Fang Ling, an expert from Chongqing Academy of Social Sciences, believes that hitchhiking is a common phenomenon in current society. There are two main reasons: first, China's current level of economic development can not guarantee one person and one car, and "cyclists" will still exist for some time and cannot be avoided; Second, China society is a human society, and neither drivers nor hitchhikers can avoid the human social circle, so we should face up to the rationality of this phenomenon.

However, Fang Ling said that what is reasonable is not necessarily legal, and the reason cannot be greater than the law after all. For everyone who takes a ride, it should be understood that "riding is risky and you need to be cautious." "For hitchhikers, they should anticipate accident risks and legal risks." Fang Ling said that especially because of the convenience of the map, hitchhiking should not be turned into a habit and the only choice, and friends who give you a ride should not be caught in the embarrassing situation of "taking a risk and not taking it".

In addition, Fang Ling admits that as private property, the space inside a private car should belong to private space. No matter as a colleague or a good friend, we should try to avoid occupying other people's personal space for a long time.

Therefore, Fang Ling believes that if there are no special circumstances, it is recommended not to develop the habit of hitchhiking. One is to keep a proper distance between friends, and the other is to avoid all kinds of risks that may be encountered.

Lawyer: Car owners generally bear part of the responsibility and can be exempted through the exemption agreement.

Lawyer Zhou Hong of Chongqing Zonghe Law Firm said that the legal name of hitchhiking is "sharing in good faith", which means that the owner or driver of a motor vehicle (that is, the operator) invites or allows others (that is, the rider) to ride the motor vehicle for free based on the willingness to help others.

Regarding the damage caused by the accident, should passengers claim compensation from the owner or the driver? Lawyer Zhou said that at present, China's laws do not clearly stipulate the liability for compensation for bona fide rides. In his view, it depends on whether the operators and passengers are at fault in traffic accidents. If the operator is at fault in the accident, he shall be liable for damages, and if the passenger is also at fault in the damage, the responsibility of the operator shall be reduced; If neither the operator nor the passengers are at fault, the operator can give the passengers appropriate compensation according to the principle of fairness.

Lawyer Zhou also said that both parties can voluntarily sign an exemption agreement to exempt the owner from liability. He also reminded car owners to drive carefully and reduce their own risks.

Netizens are hotly discussing.

@ 嗤嗤嗤: Anyway, don't take someone else's car, and don't let others take it!

@ 个丫丫丫丫丫丫丫丫: Don't take someone else's car unless it's urgent. There are risks for each other.

@ 丫丫丫丫丫丫丫: Since choosing a ride is definitely risky, it is reasonable for others to give you a ride. It's common sense not to give you a ride. Don't blame the master for what happened. If that's the case, who else will give us a ride?

@ Luo: It is common to let friends "hold hands" when going out. It's not that serious.

Topic extension

How to deal with the damage caused by hitchhiking abroad

It is understood that some western countries encourage citizens to hitchhike and give legislative support. Because carpooling can save energy and benefit society. In Anglo-American tort law, there is a principle of "voluntarily taking risks", that is, passengers should have a clear understanding of various accidents of motor vehicles when choosing free rides. Now that they are aware of the danger and face it voluntarily, they can't compensate for the damage caused by this behavior.

Of course, the premise is that neither side can intentionally cause harm. At the same time, foreign countries also encourage passengers to transfer risks through insurance.

In the investigation of Liangjiang, if there is an accident in hitchhiking, will it claim compensation from the owner?

Yes, the master has the obligation to protect my safety;

No, my friend helped me out of kindness and was embarrassed to make a claim;

it depends