A woman in Huocheng County took the same car to hit the tree and the paraplegia court sentenced 1.72 million yuan

In recent years, the phenomenon of setting up a carpooling group or a colleague acquaintance is more common. The owners have collected relevant fees appropriately, and the passenger also eliminates the trouble of taking a car at the station. Recently, the Huocheng County People's Court tried such a case.

Dong and Wang are teachers in a school in Huocheng County, and their homes are in Yining. On December 6, 2020, when Dong took Wang's small car to work, when the vehicle was driving to the 76km+400M of the Huocheng County National Highway 218, due to the slippery road of the snow, Wang was improperly operated, and the vehicle hit a roadside. Big tree, the accident caused Dong to be injured and Wang's vehicle was damaged. Afterwards, the traffic police brigade of the Huocheng County Public Security Bureau issued a road traffic accident identification letter to determine that Wang had all the responsibilities of the accident, and Dong did not bear responsibility.

After being diagnosed by the hospital, Dongmou's traumatic shock, the cervical 6 vertebral fracture was accompanied by paraplegia, the joints of the universal area were semi -dislocated, the left side of the forehead skin was wounded, metabolic acid poisoning, brain loser, chest 2 and 3 spiny fractures fractures ,Rib fractures. After being identified by the Judicial Appraisal Institute, her degree of disability is first -level disability, and the degree of labor ability is to completely lose labor ability. The degree of nursing dependence of spinal cord injury is complete care dependence.

On April 13 this year, Dong complained to Wang to the Huocheng County Court and asked Wang to compensate for medical expenses, nursing fees, disabled compensation, and spiritual comfort.

The Civil Trial Division of the Huocheng County Court opened the trial on April 21. During the trial, Wang argued that he was very sympathetic to Dong's encounter, but Dong was a free ride and should be liable for compensation. In addition, the Huocheng County Social Security Bureau determined that Dong was a work injury, and he has also received more than 750,000 yuan in medical subsidies and education system donations. He requested the application of compensation fees such as "filling the principle" to deduct his medical expenses and nursing fees.

After hearing, the court believed that in the case, Wang had a traffic accident in a motor vehicle, assumed all the responsibilities of the accident, and should be responsible for the rational losses of Dong's reasonable losses in accordance with the law. It can be seen from the transfers that Wang charged Dong Mou to Dong Mou that Dong did not ride for free. In addition, the purpose of the donor is to help patients, not to reduce the responsibility of the infringer, and do not support the defense of Wang Mou's application of "filling the principle" to deduct his responsibility.

Because Wang insured the car's responsibility insurance on the car in the insurance company, each seat limit was 10,000 yuan, and the accident occurred during the insurance period. The deduction of the insurance company should compensate Dong Mou 10,000 yuan.

On July 15th, in accordance with the "Supreme People's Court's Several Provisions on the Application of the" Play of the People's Republic of China> Time "," Interpretation of the Supreme People's Court of the Supreme People's Court on the Application of Laws of the Supreme People's Court on the Application of Laws of the Supreme People's Court " And the relevant provisions of the Civil Procedure Law of the People's Republic of China, the first instance of the Huocheng County Court sentenced Wang to compensate Dong Mou's medical expenses, hospital food subsidies, nutrition costs, disabled compensation, and complete care dependent dependence expenses within ten days after the verdict came into effect. The losses such as spiritual comfort and other losses were 1.7269 million yuan. (Pomegranate cloud/Xinjiang Legal Daily reporter Li Siqun Correspondent Wu Minling Lin Shiyan)

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