Minors ride motorcycles and can't make it!

If there are regret medicines in the world, the Daqiang couples from Xichuan will not turn the 15 -year -old adopted girl Lili into a "left -behind child"; if she can choose to come back, Lili's dignitarian Axiu will definitely hang on her motorcycle The license and purchase of the strong insurance; unfortunately there is no if there is no! Lili, who rode an unlicensed motorcycle, had a traffic accident with others, a total of more than 160,000 yuan in compensation, making the Lili family stunned.

On August 16th, the case of "riding" by the Ministry of People's Court of the Xichuan County People's Court, a case of "riding" by bicycles, and the case of the guardian and the vehicle owner's responsibility, it is worth pondering everyone.

Retrospective

The 15 -year -old Lili lived with her grandparents for a long time because she raised her parents Daqiang. In June last year, she went to the neighbor's Donestya Axiu's house and parked her unlicensed license in the courtyard. Discarding two people's injuries to varying degrees and road traffic accidents that are damaged by vehicles on both sides.

The traffic police department determined that Lili was responsible for the main responsibility, and middle -aged men were responsible for the second. The motorcycle driven by Lili was owned by his church.

The middle -aged man was hospitalized for 29 days and paid 37839.57 yuan in medical expenses. It was identified that his injuries constituted a tenth level of disability. The negotiations of the two parties failed to compensate, so the man complained Lili and his adoptive parents, and Donka Axiu to the court, asking for compensation for medical expenses, misunderstanding, and nursing expenses for a total of 169920.52 yuan.

After trial, the Xichuan Court sentenced Lili and her adoptive parents to bear 50%of the scope of the strong insurance and 90%of the compensation beyond the strong insurance part, totaling 92135.39 yuan. Lili Tangyu Axiu undertakes 50%of the scope of the strong insurance and 10%of the 10%compensation beyond the strong insurance part, totaling 69806.07 yuan.

In case of interpretation

Trial Judge Ma Huaqiang said that when the incident, Lili was 15 years old and did not reach the legal age (18 years old) who had not reached a motor vehicle. The main responsibility of the accident. However, Lili is not yet an adult and is a person who restricts civil behavior. As the legal guardian of Lili, Daqiang and his wife should bear the liability for compensation. The responsibility of Lili shall be jointly borne by her adoptive parents.

Secondly, in this case, Lili Tangye Axiu should bear two liability for compensation: First, as an insured obligor involved in the case, the insured obligations involved in the case shall not be insured in accordance with the law and shall bear the corresponding compensation liability; second, as the owner of the motorcycle involved in the case involved in the case involved Management responsibilities, who is negligible for the vehicle, fails to properly keep the key, so that Lili can easily get a measuring motorcycle on the road, and should bear the corresponding compensation liability.

Hot discussion

"If the parents bring their children around, this kind of thing can be avoided!" Geng Le, secretary of the Party Group and Chairman of the Women's Federation of Wolong District, commented on the case. In her opinion, the family is the first class and the parents are the first teacher. There are many left -behind teenagers like Lili. Parents have gone away from other places for their livelihoods. In the critical period of their children's growth, they lack their parents' guidance and help in their ideological understanding and value concept. Tragedy occurs.

Pi Jinming, the captain of the third service team of the Municipal Public Security Bureau's traffic management detachment, believes that the warning education of the case is of great significance. He said that in this case, Lili's Donald Axiu, as a motorcycle's insured obligor and vehicle owner, did not insure strong insurance in accordance with the law, and was sparsely managed by the vehicle. He eventually tasted bitter fruits and assumed some compensation liability. This case also awakens the majority of motorcycle owners. It is necessary to purchase strong insurance in time, handle the household procedures for vehicles, receive licenses, and at the same time, do not have a chance to go.

Bi Xianxing, the director of the law firm in Henan Dawei, believes that the case is worthy of considering all circles in the society. He said that the formulation of laws is the fundamental way to maintain social order. Once laws, regulations, and rules are effective, each citizen must strictly observe with awe. The so -called no rules, not square, consciously abide by various rules and rules are the sacred obligations and responsibilities of each citizen. (The person involved in the article is the name of the case)

Reporter Yu Huan

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