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Wuhua court verdict

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发表于 2015-6-22 08:53:03 | 只看该作者 回帖奖励 |倒序浏览 |阅读模式
 
Unable to determine the perpetrators
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(Original title: Boy with two injured people do not recognize the drive motor can not find who drove jointly bear responsibility)
Unable to clear the driver
 
Stand up argument
 
Huang water added, but so satisfied,louboutin france pas cher, then certainly one of whom is to be "wrong" in this case, "being wronged" and also the Legal Remedy - against the party not at fault (the victim) to assume complete responsibility after , you can ride in another case to prosecute the driver assert their rights.
 
 
For five cars rolling case, Huang water analysis, because no way to find out exactly which car rolling to cause death, but admitted there are rolling behavior, so it has a responsibility first five cars, at least not doing reasonable care obligations, thus five cars also share common responsibilities.
 
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The current Law Advisory: Vice President of Guangzhou City Bar Association Huang water
Boy riding motorcycle with two people injured
In the absence of the defendant Chen Mouping manage home motorcycle, resulting in minor son Chen can drive away in an accident and then, there is no fault of management, should bear 30% responsible for the accident.
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Meizhou Wuhua Public Security Bureau Traffic Police Brigade identified, motorcyclists take full responsibility for the party, a super ancient no responsibility in the accident.
 
 
The court held that, since a super full 60 years old, and the mentally ill, according to the law,http://bbs.guie.cc/home.php?mod=space&uid=52293&do=blog&quickforward=1&id=129072, excluding compensation for lost income. According to regulations, combined with a super ancient requests,abercrombie france,http://www.hnsynk.com/news/html/?56554.html, a super ancient injuries all reasonable losses in traffic accidents in this total 78,323 yuan.
 
A motorcycle to a pedestrian Knocked disabled, two people can not recognize the car buck-passing is to open his own car, the court can not find out who was the driver responsible for the accident, how to share  A man died on a closed highway, five car owners have admitted that he had to crush,http://zp315gw.com/news/html/?56353.html, which is five cars should bear responsibility  Two cases which occurred in Meizhou and Guangzhou's "mystery", the driver of the vehicle are difficult to identify finds that shared responsibility for the accident, how the court determines it
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Yangcheng Evening News reporter Dong Liu Jiao correspondent fertile river
 
Judge handling the case said that if the perpetrators because they can not determine the specific and give accountability of wrongdoing,http://www.my122.com/?action-viewcomment-itemid-74164, contrary to the basic principles of civil law, is not conducive to the protection of public security, will indulge even condone violations, so the defendant Chen, and Chen jointly and severally liable with the law. The defendant Chen Mouping As the owner of a motorcycle accident, poor management, and let his son drive a motorcycle, there is some fault, should bear corresponding civil liability.
 
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Wuhua Court then identified, Chen, and Chen while driving a motorcycle in violation of traffic safety laws and regulations, resulting in a super ancient maimed. But Chen, the Chen has denied that he was the driver, after extensive investigation, police departments are still unable to identify a specific driver, after hearing evidence, cross-examination, Chen and Chen could not provide evidence that the other party was the driver.
After a traffic accident, the driver of the vehicle is unable to ascertain identification, how to share the responsibility for the accident  Huang water Lawyers Association, vice president of Guangzhou, Guangdong encyclopedia Law Office of the answer is "shared responsibility." He said that in the case of passing the buck Meizhou, the two motorcycle drivers admit that he is not, but it is certain that the two are indeed one of whom is the driver, and therefore there must be a person lying, for this can not be find out who was the driver of the case, they should be jointly and severally liable.
Sentenced to three percent of owners bear responsibility
I can not find who drove together bear responsibility
 
Lawyers say
Wuhua court verdict: Chen accused the legal representative of the accused in a super old Chen Mouping compensate 10,000 yuan; the legal representative of the accused Chen Chen Mouping defendant to compensate the plaintiff 20,497 yuan Ancient One Super; defendant Chen Ping, Chen Mouwen each to compensate the plaintiff 23,913 yuan ancient a super total of 47,826 yuan, and each other jointly and severally liable.
 
The judge said the case
 
In this case, five County Court under the provisions of the Tort Liability Act,nike tn homme pas cher, the determination of Chen, Chen should bear the liability. Because Chen, the Chen belongs to limited civil capacity, his civil liability shall be borne by the respective legal representatives.
 
 
 
 
Responsibility can not give up
 
In July, a super ancient to bring a civil action in Meizhou Wuhua the court for Chen Chen Mouping in their legal representatives, their legal representatives Chen Chen Mouwen related compensation for medical expenses, hospital food subsidies so a total of 100,917 yuan.
Chen Mouping owner of the vehicle are not required to insure compulsory third party insurance, according to tort law and judicial interpretation of the Supreme People's Court, it should first assume 10,000 yuan for medical expenses.
Responsibility should be shared
 
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When the January 20, 2012, 17-year-old and 15-year-old Chen Chen, co-driving a Suzuki motorcycle brand women passing in front of Meizhou Wuhua Passes court road, hit a pedestrian old a super, resulting in a super-ancient disability.
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