The 52 -year -old man left a bus left overnight, and a lawyer: The bus company should be responsible

Author:Pole news Time:2022.07.18

Jimu Journalist Zhao Delong

According to Hunan media reports, in May this year, Mr. Liang's 52 -year -old father lost contact from Huaihua from Huaihua. The next day the family members received a call from the police, only to know that his father lay on the bus overnight and had been blurred. Rescue died invalid. Regarding the accident, a number of lawyers told Jimu Journalists that since passengers got on the bus, they had formed a actual transportation contract relationship with the bus company, and they should have a certain responsibility for men's death.

According to Mr. Liang to the media, on May 15th, his 52 -year -old father took a bus from Huaihua to Changsha to find him. At more than 3 pm, after the bus arrived at Changsha Auto West Station, Mr. Liang's father got on bus 203. Sitting at the terminal and heading to Mr. Liang's residence in Xingsha, he lost contact after sending the voice at 3:37 pm. The family was looking for no night. Until the next morning, Mr. Liang received a call from the police officer of the police station: his father was found in a bus 203 -lying on the bus 203 for one night, and his consciousness had blurred.

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When Mr. Liang's father was discovered

After finding his father, Mr. Liang immediately sent him to the hospital for rescue, and was told that he was in danger that day. Mr. Liang took his father to three hospitals to rescue for nearly a month, but still failed to restore his father's life. Since then, the bus company has not responded to the family members, but the family members had found the media for help. With the help of the media, the driver of the bus scheduling room 203 of Changsha Bus Group responded to the media. After the vehicle arrived at the station, the driver would check the situation on the vehicle, and this is also a daily work process.

On July 17, Jimu Journalists contacted Changsha Public Transport Group, and the staff said that it has not yet received a notification on the matter. On the 17th, the bus No. 203 of the bus group said that he was not a company spokesman, and the relevant situation was inconvenient to disclose.

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Changsha Bus Group

Attorney Wang Wen, a lawyer of Zhejiang Rongzhe Law Firm, believes that Mr. Liang ’s father took bus 203 to the terminal. Passengers bought tickets and established a transportation contract relationship with Changsha Bus Group. After the bus reaches the site, the driver has the obligation to check the situation in the car. This is the industry specification and basic common sense, and it is also the legal obligation of drivers and bus companies. According to the Civil Code, the carrier shall try their best to rescue passengers with emergency, childbirth, and danger during transportation. As the carrier, Changsha Public Transport Group has the obligation to help Mr. Liang. In this case, the driver of the Changsha Bus Group did not discover the in -laws of Mr. Liang in time, which had exceeded the reasonable scope of attention, and finally caused Mr. Liang's father to heal the invalid death. Therefore, as the carrier, Changsha Public Transport Group is responsible for the death of Mr. Liang's father.

Attorney Tan Mindao, a law firm of Beijing Zhongwen (Xi'an) Law Firm, said that the Civil Code stipulates that during the transportation process, the carrier should try his best to rescue passengers with emergency, childbirth, and danger. Affordable liability; but casualties are caused by the cause of the passenger's own health or the carrier proved that the casualties are caused by the intentional and major negligence of the passenger.

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Changsha Bus Group

Lawyer Tan Mindao said that in combination with the above two provisions, the bus driver of Changsha Bus Group did not find that there were passengers on the vehicle when the vehicle arrived, and he could not find that the elderly had diseases, and then failed to take rescue measures. In the end, the elderly caused the elderly If you die, the bus company shall bear certain compensation liability. The death of the elderly may also have their own health reasons, but at the time, the elderly were taking buses. The bus driver had the obligation to rescue the sick passengers. The bus company should bear certain compensation responsibilities and determine the proportion of responsibility sharing according to the elderly's illness and other related conditions.

(Picture source: Xiaoxiang Morning News)

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