The colleague was sentenced to 1.72 million yuan to work in a car accident, and netizens blown up!Lawyer in -depth analysis of what is "good intentions"

On July 26, the dispute over the traffic accident compensation reported by this newspaper attracted widespread attention from readers -a woman in Huocheng County took the same car to hit the tree and the paralyzed court sentenced 1.72 million yuan

In December 2020, Dong Mou took his colleague Wang's car to work. On the way, the car drove by Wang had an accident. The court's judgment: Wang's responsibility for the accident should compensate Dong for a total of 1.726 million yuan in losses.

Many netizens are puzzled: it is common for carpooling to work with colleagues to go to get off work and sharing fuel costs. Isn't this behavior "good intention"?

Attorney Yan Lu, a law firm of Beijing Haotian (Urumqi) Law Firm: Article 1217 of the "People's Republic of China" stipulates the rules of "good intentions". This clause stipulates that: If a traffic accident in non -operating motor vehicles causes unpaid ride damage, if it belongs to the responsibility of the motor vehicle, it shall reduce its liability for compensation, except for the intentional or major negligence of motor vehicles.

It can be seen that "good intentions" refers to the behavior of drivers who allow others to take no compensation based on goodwill or friendship. Attributes and moral attributes. In this case, the paid fees of the passenger should be considered to be a "paid" contract relationship between the two parties, so it is not the scope of "good intentions".

Who knows what will happen in the next second on the road? If an accident occurs unfortunately, does the good intention need to take responsibility?

Attorney Yan Lu said: This problem needs to be divided according to the specific situation.

for example:

One day in April 2020, Li Mou in Yizhou District, Hami City gathered together with his friend Amou and Ma. After the dinner, Li Mou sent A Mou and Ma home for no compensation.

At the intersection of Yizhou District, the car drove by Li collided with other vehicles, causing Ma Mou's eight -level disability. The traffic police department determined that in the accident, Li was responsible for the secondary responsibility, and Ah and Ma had no responsibility in the accident.

Ma charged Li and the owner of another car to the court, asking both parties to bear the liability for compensation. After hearing, the court reduced Li's liability for compensation according to law. In the end, the other car owner bears 70%of the responsibility.

Yan Lu analyzed: "Good intentions", as a kind of goodwill and helping others, is a traditional virtue category of mutual assistance and mutual assistance. After traffic accidents, drivers to bear all responsibilities, which is not conducive to the promotion of traditional virtues. In order to protect and encourage the virtue of benefit such as "good intentions", the law stipulates that "good intentions" should appropriately reduce the responsibility of the car owner when they encounter an accident.

In other words, if the driver's fault caused losses should bear the liability of infringement, based on "good intentions and coexistence", they should reduce their liability for compensation.

What is reduced here is the liability for compensation for the "free ride". As for the general provisions of the law on the liability for migrant vehicles or property compensation, the law is applicable.

For another example:

In May 2021, the parents of Su Mou, a resident of Jing County, took the neighbor Woo -Mou's ride. On the way, the vehicle was turned over to roll over, causing three parents of Wu and Su to die and the vehicle was damaged. The traffic police department determined that Wu was all responsible for this traffic accident.

Su Mou prosecuted Wu Mou's two sons as the heir to the court in the first order, asking for compensation for more than 960,000 yuan in economic losses.

After hearing with the People's Court of Jing County, Wu was super speed during the vehicle driving process, and his behavior had affected the safety of the lives of the same person. In the end, under the mediation of the court, Wu's family compensated Su for 250,000 yuan.

Analysis of Yan Lu: If the actor has the intention or major negligence of infringement, he cannot only use "good intentions" as a reason for liability. For example, under the circumstances of driver's qualifications, even if they constitute "good intentions", the driver cannot reduce the liability for compensation. In addition, the motor vehicle provides free of charge based on business purposes, such as hotels and supermarkets to provide free shuttle buss for promoting operations, which is not a "good intention." In the same way, for motor vehicles engaged in operations such as taxis, Didi Express, etc., even if passengers ride for free, this article does not apply to reduce its responsibility.

In the "good intentions", the person's personal and property safety of the passenger is within the control range of the driver, and the driver should take reasonable measures to protect the ride. If the driver should take measures and not take it, he should also bear the corresponding responsibility.

Lawyer reminds:

"Good intentions" must be agreed by the driver. Only by the invitation or allowed by the driver of the vehicle can the same multiplier can constitute a "good intention", and it does not constitute a "good intentions" without consent. Once the driver of the vehicle agrees to bring the same passenger, that is, the obligation to safeguard the dealership to the destination. If the driver's fault caused the losses of the same driver on the way, the driver shall bear the corresponding civil liability. (Zhang Xiu, a reporter from the Xinjiang Legal System Newspaper)

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