A man in Hubei was injured by a ride on the Internet, and his claim was rejected. What happened afterwards?

Traveling in a short time, the car is the first choice. Nowadays, no matter in big cities or small cities, online car rides are everywhere. But when riding, you need to be vigilant and pay attention to your own protection, especially when you get on the bus. Otherwise, once an accident happens, it will not only lead to physical injury, but also require you to bear certain obligations yourself.

Zhang Laobo, 6 1 year old, is from Shayang County, Hubei Province. From 20 17, Zhang Laobo was introduced by an acquaintance to work in a property company in Jingmen City, and usually lives in a residential area in Jingmen City. Because there is a gap between the place of residence and the place of work, sometimes he can't catch the bus, so Zhang Laobo will take a taxi to work.

2065438+09102 19 Because Zhang Laobo worked overtime in the property management company on New Year's Day, he did not rush back to Shayang's hometown and was going to take his grandson Xiaoxing home. In order to catch up with the time, Zhang Laobo contacted Miss Li, who was familiar with the network car driver before, and drove from Duodao District to Shayang.

Zhang Laobo was very excited because he didn't go home for a long time. After putting Xiaoxing in the back seat, Zhang Laobo came to the co-pilot position, but he didn't wear a seat belt. Miss Li, the driver, didn't pay attention to this problem at that time. But it was precisely because of this negligence that Zhang Laobo had an accident, and the two even fought several lawsuits.

After Zhang Laobo and Xiaoxing sat down, Miss Li started the vehicle and started driving from north to south along National Highway 348. Everyone was in a good mood all the way, and Miss Li's car drove faster and faster. If you remember the word "fast" when driving, it is easy to have an accident. Sure enough, just after Miss Li accelerated, due to improper operation, the car drove off the road and collided with trees on the side of the road.

With a bang, Zhang Laobo leaned forward, got out of the seat, and directly hit the table between the co-pilot and the windshield, causing Zhang Laobo's chest and left upper limb injuries. A sharp pain made Zhang Laobo suddenly lose consciousness. Fortunately, Miss Li and Xiaoxing were only slightly injured. Then Miss Li called the police for help, and Zhang Laobo was taken to the hospital for treatment.

After on-the-spot investigation by the traffic police department, Miss Li took full responsibility for the traffic accident, while Zhang Laobo and Xiaoxing had no obligation. After 23 days in hospital, Zhang Laobo spent 4 1 685.84 yuan on medical expenses. After examination and approval, Zhang Laobo's injured part constitutes 1 grade 9 disability, grade 21grade 0 disability, and the compensation index is 24%, so it is necessary to stop reexamination and follow-up treatment regularly.

I wanted to be happy. Go home quickly. Who knows that the female driver is unskilled and left with a disability. Zhang Laobo was naturally no longer happy, so he claimed nearly 250,000 yuan from Miss Li, but was rejected by Miss Li. The reason given by Miss Li is that although the accident did hurt Zhang Laobo, Zhang Laobo should bear certain obligations because he didn't wear a seat belt.

Zhang Laobo thinks that the traffic police department has stopped the appraisal of this accident, and the appraisal book indicates that I have no obligation. Teacher Li's words make me unbearable. In the end, the two sides failed to negotiate and went to court. After nearly half a year's trial procedure, the Shayang County Court of Jingmen City ruled that Miss Li should bear all the obligations of the accident, while Zhang Laobo and Xiaoxing had no obligations.

After appearing in court, the court supported Zhang Laobo's claim of hospital food allowance 1 150 yuan, medical expenses 4 1685.84 yuan, post-treatment expenses 19000 yuan, nursing expenses 10522.8 yuan and lost time expenses/kloc-0. The compensation for physical injury is 3,000 yuan, and the examination fee is 1000 yuan, totaling 19 1200.34 yuan, including more than 40,000 yuan paid by Miss Li.

However, Miss Li refused to accept it, so she first appealed to Jingmen Intermediate People's Court on 202 1. The reason is that Zhang Laobo's fault fact was not found in the first instance. Zhang Laobo himself admitted that he didn't wear a seat belt. Although there is no causal relationship with the occurrence of accidents, there is a causal relationship with the expansion of injuries. The division of responsibilities of the traffic police department is not equal to the division of Zhang Laobo's injury results.

At the same time, Miss Li also advocates that Zhang Laobo's disability compensation should be calculated according to the standard of 20 19, not according to the new standard of 2020. Although Zhang Laobo's disability level changed after re-examination, the case broke out on 20 19. Before the judgment, Zhang Laobo did not change his original intention and pleaded guilty. The court of first instance took the initiative to use the new 2020 standard to calculate disability compensation, which had no legal basis.

Then, is Miss Li's appeal reasonable and legal, and can it be supported by the court of second instance? First, there must be evidence in a lawsuit, and second, there must be a legal basis. You must never speak in classical Chinese. Therefore, if Miss Li wants to make a comeback in the second instance, she must find excellent evidence and legal basis, otherwise she will definitely be rejected by the second instance and the original judgment will be upheld.

Let's see, Zhang Laobo doesn't wear a seat belt. Should Miss Li be responsible? China's "Road Traffic Safety Regulations" stipulates that "drivers and passengers should use seat belts in accordance with regulations when motor vehicles are running." Since it is a law, it is a mandatory rule. As a person with full capacity for civil conduct, Zhang Laobo clearly knows that he should use the seat belt instead of using it. Obviously, he is at fault and should bear part of the obligation.

However, Zhang Laobo's grandson Xiaoxing testified in court that Miss Li's passenger seat belt was broken and could not be used. Miss Li not only did not take the initiative to remind Zhang Laobo to fasten his seat belt, but told Zhang Laobo that if the seat belt was broken, it would be put on her leg. However, Miss Li strongly admitted that this happened, insisting that from the on-site investigation records, Zhang Laobo is not a seat belt, and I will not remind him any more.

Now that we have talked about this problem, how should the old man judge if he disproves the conditions he wants to use but is useless? Civil litigation pays attention to "who advocates who gives evidence". Since Zhang Laobo has issued a certificate of his willingness to use the seat belt, he should provide proof. If he can prove that the seat belt is really bad, Miss Li's appeal will be broken. But unfortunately, although Zhang Laobo applied for a witness to testify in court, there was no evidence to prove that the safety was flawed and could not be adopted.

The judgment made by Jingmen Intermediate People's Court on March 8, 20021year showed that the court held that Miss Li had an accident due to improper operation, and Zhang Laobo, a passenger on the bus, did not use the seat belt as required, resulting in disability. Although the Confirmation of Traffic Accident Obligations confirms that Miss Li bears all obligations and Mr. Zhang has no obligations, this recognition is the division of traffic accident obligations by the traffic police department and does not conflict with the court's comprehensive determination of civil obligations based on tort obligations.

There is a causal relationship between Zhang Laobo's behavior of not using seat belts and his personal injury results, and this behavior has certain fault to Zhang Laobo's personal injury results, so the obligation of the infringer Miss Li should be appropriately reduced according to law. However, in this case, the vehicle driven by Miss Li is a non-operating vehicle. Miss Li should take care of Zhang Laobo and Xiaoxing with compensation, so the cause of damage caused by Zhang Laobo's improper behavior should be relatively alleviated.

In the end, the court of second instance decided to revoke the judgment of Shayang County Court, and decided that Miss Li should bear 95% of the damages caused by this traffic accident, and Zhang Laobo himself should bear 5% of the obligations. Miss Li paid Zhang Laobo compensation 174467.44 yuan within 10 days after the judgment came into effect, including more than 40,000 yuan paid in advance. Rejected Zhang Laobo's other entreaties. (