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presentation of vehicle trace inspection report [/color]
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Industrial North Road junction [/color]
report of vehicle trace inspection issued by the police, Mr. Chen, 47, repeated a sentence: "it is impossible to directly determine whether a taxi is in contact with a bicycle from the existing traces."
Mr. Chen claimed to be a "reversion of Peng Yu", but in the other party's 72 year old Mr. Zhang's family, Mr. Chen was "trying to escape the responsibility".
the two families were involved in the whirlpool of controversy, which led to a traffic accident in September 8th last year. In the event of an accident caused by an accident between Mr. Chen and Mr. Zhang, the two sides were in court. In the first instance, the court concluded that Mr. Chen had a traffic accident with Mr. Zhang and injured the other.
, however, Mr. Chen insisted that he had never knocked down the old man. "When I stopped to see if the old man needed help, I felt wronged."
at present, the case has been appealed to the intermediate people's Court of Ji'nan.
[b][color=#000080] [/color][color=#000080] a. the accident passed [/color][/b]
[b]1, the rearview mirror saw the old man crooked in [/b]
yesterday, the reporter came to the Ji'nan industrial North Road welkang gate, this is a small intersection, only in the east side of the crossing of the crossing of the zebra line. The southwest side of the junction was the accident site at that time.
this accident occurred in September 8th last year. Mr. Chen recalled that day was the first day to test the single and double limit test of the National Games. According to the treatment of road traffic accidents in the city's traffic police brigade, "at 9:30 on September 8, 2009, Mr. Chen drove a taxi along the North Industrial North Road to the East, turned to the North left at the gate of the villa, and had an accident with Mr. Zhang, who was pushing the bicycle across the road from north to south, causing Mr. Zhang to be injured. Through on-site investigation, investigation and evidence collection, it is impossible to directly identify whether taxis and bicycles are in contact with existing traces.
, Mr. Chen added yesterday, Mr. Chen added to the reporter, "when I turned north left, there was a crated car coming North and south, and I stepped on the brakes. From the left rear view mirror, I saw a place two meters away from the rear of the car. An old man turned to the ground. I immediately got off to see if the old man needed help. The car came to the old man. "
[b] 2, the old man alleges that a taxi hit him [/b]
Mr. Chen said he went to see him. The old man was sweating, looking very painful, and having a big mouth on his hand.
"I have been driving taxis for more than 10 years, and my heart is relatively fine. Not far away, a traffic policeman was on duty. I called the traffic police. When the police asked the old man who knocked him down, the old man said I hit it. Mr. Chen said. "
Mr. Zhang said in a transcript." when I pushed the bicycle across the road from north to south, when I went to the BRT special lane reticulation line of the full fufu flyover, there was a left turn signal light on and the left turning vehicle was passing. I waited on the line, then the other vehicle turned left and turned small. Bend, knock me down. "
in detail, Mr. Zhang said, "the left rear light of the left rear side of the other vehicle scratches the front wheel of the bicycle, and the vehicle meets my left shoulder and the upper side of the waist."
[b]3, taxi deposit in the hospital [/b]
when Mr. Zhang was sent to the hospital for treatment, Mr. Chen paid 2000 yuan in hospital deposit. Mr. Chen explained, "I know I certainly didn't touch him. I had a fracture of the old man after the hospital was sent to the hospital, and the family had to pay the medical fee, and I sent my brother to 20." 00 yuan in hospital deposit. "
but the medical fee required by the elderly was paid by his family, and Mr. Chen did not give it any more. "On the one hand, my own family economic conditions are not good, on the other hand, I don't think it should be my responsibility and fault."
since then, Mr. Zhang and his family have asked Mr. Chen and the insurance company for compulsory insurance to court for medical expenses. It is reported that Mr. Zhang's injury was rated as ten grade disability, and the steel plate is still in the body. In October 9th, the court handled the case.
[b] / > [/b]
[b] of the trial focus is whether the accident happened to the old man injured by taxi driver [/b]
after the accident happened, the police detained the vehicles of the parties and made a report on the inspection of the vehicle marks. The results were as follows: the contact between the taxi and the bicycle could not be directly identified from the existing traces.
in the trial of the first trial, the chief of the trial had asked whether Mr. Chen had collided with the plaintiff when Mr. Chen was in the accident. Mr. Chen said, "no, my attention was in front of all my attention. I can't see it at the back. I didn't see it at the time. I didn't pay attention to it." The chief judge asked if there were any other vehicles around the accident. Mr. Chen said, "all the direct vehicles have stopped, and I will turn left."
at the end of the court, the court found that when the accident occurred, Mr. Chen and Mr. Zhang were all in the same place, and there were no other vehicles around the taxi. Mr. Chen has no evidence to prove that Mr. Zhang's injuries are self injurious, and there is no evidence that other vehicles injured the plaintiff. According to the trace test, "can not directly identify the contact between the taxi and the bicycle from the existing trace". It can be seen that the conclusion has not completely ruled out the contact between the car and the bicycle, and it has not been excluded from the contact between the car and Mr. Zhang. In addition, (Mr. Chen), in answering the question of the police, he admitted that it was only in front of the front, that it could not be seen in the back, and that the vehicles were running at the same place when the accident happened, and there were no other vehicles around the left turn of the taxi.
the court concluded that Mr. Chen had injured a traffic accident by driving a taxi with Mr. Zhang.
[b] (>) a judgement of the first instance of the [/b]
[b] court decided that the elder brother should take 7 responsibility [/b]
because Mr. Zhang did not walk the zebra line when Mr. Zhang was crossing the street. The court decided that Mr. Chen should bear 70% of the liability according to the fault degree of both parties. .
thus, Mr. Chen will pay Mr. Zhang more than 17000 yuan for medical expenses. In this regard, Mr. Chen was not convinced by the first trial, that he did not have any violation and no fault, and had no responsibility for the accident. So he appealed to the intermediate people's Court of Ji'nan, and the case is now under trial.
[b], do they insist on [/b]
[b] parking help or shirking their responsibilities? [/b]
Mr. Chen, who has been in a taxi for more than 10 years, once paid attention to the Peng Yu case in Nanjing in 2006. He thought he was a "reversion of Peng Yu," and repeatedly stressed, "I can't afford it myself and the whole family."
Mr. Chen said he was off at the time to see if the old man needed help and wanted to help others. Later, when my father heard about this, he always worried about it. Later, he had a heart attack, and many hospitalization treatments had no obvious effect. When I passed away a few days ago, I cried and had to wear sunglasses.
for Mr. Zhang's family, the old old man has been beaten on the steel plate because of the accident. Besides the pain of injury, it is not easy to walk now. Yesterday, the old man's daughter-in-law told the reporter that the former family had been busy dealing with Mr. Zhang's affairs. Mr. Zhang's companion has not been properly taken care of because of high blood pressure. Now he has been hospitalized. Mr. Zhang stays in the hospital every day to protect his wife, and now it is not convenient to accept the interview. For Mr. Chen, who did not bump into people, she said, "he is trying to shirk responsibility, and we are now listening to the court's decision."
[b] / > related link [/b]
[b] Nanjing Peng Yu case [/b]
in the morning of November 20, 2006, an old Tai in Nanjing city water west gate square a bus platform waiting for the bus. As the crowd came and went, the old woman was knocked down and fractured. After identification, she became a 8 grade disability. The old lady identified the hit man as Peng Yu, who had just gotten off the bus. Peng Yu expressed innocence, saying that she was helping her.
at 4:30 p.m. on September 4, 2007, the Drum Tower district court sentenced first instance. The court found no fault on both sides of the accident. In accordance with the principle of fairness, the parties concerned should give appropriate compensation to the victims' losses. Therefore, Peng Yu decided to pay 40% of the victims' losses, a total of 45876.6 yuan. The
Peng Yu incident has been heated in the country after publication by the media. The two parties reached a settlement agreement after the second instance. (this edition / graphic journalist Sun Ke)