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The motorcycle was "borrowed" compulsively, whose fault was it in the accident?
Release date:2020.10.09

Motorcycle was forced to "borrow" to stop the failure, an accident, relatives claim for compensation of 73866 yuan, after all should compensate? Driving other people's cars without a license, the driver of a speeding accident killed on the spot, should the owner of the car be liable? A court in Chongqing's Dianjiang County has concluded a special traffic accident liability dispute, ruling that car owners do not need to pay compensation.

[Case Review]

At 8 o 'clock in the evening of January 13, Deng Mou wu and a motorcycle club member Wu mou meet in Tianbaozhai Square in Dianjiang County, along with gao Xx and other members of the club. In the chat, Deng Mou wu discovers high so-and-so stops beside the road of BMW motorbike key did not pull out, see one's own pleasure, side say "I sit", side mount motorbike start car start drive away. Although Gao immediately shouted "Don't ride", he could not stop it.

Deng was speeding along mingyue road at a speed of 81km/h. During this time, gao was trying to get in touch with deng in order to ensure his safety. Deng was killed at 9 PM when his motorcycle collided with rocks on the right side of the road, causing the vehicle to lose control and hit a pedestrian light pole.

After the accident, Deng's parents, Deng And Wang, took Gao to The People's Court of Dianjiang County for failing to remove the key of the motorcycle and fulfill the duty of vehicle management, and asked them to bear the partial loss of 73,866 yuan caused by the traffic accident death of Deng.

The court after hearing to find out, Deng Mou wu and defendant gao x is the first acquaintance. After meeting with Wu, Deng said to Wu that two days ago he was temporarily detained by the traffic police on an elevated motorcycle, but because he did not have a motorcycle driving license, hope Wu to help him get the car.

The court held that the defendant high so-and-so by management of the vehicles involved in the quality of qualified, and within the scope of the vehicle inspection validity, and it has been stalled stand for motorcycle in vehicle administrator sight range, the high so-and-so did not remove the motorcycle key driving behavior is not without authorization for someone else to provide convenient, there is no hint others casual cycling meaning, said it did not remove the motorcycle key behavior itself will not inconvenience or damage to other people, also may not necessarily lead to traffic accidents involved.

At the same time, based on the manager's common understanding and reasonable judgment, the defendant high so-and-so cannot meet for the first time to foresee a wu deng drove away without authorization, and when a certain force drove away the defendant deng high so-and-so immediately stop, stop after an inconclusive also actively trying to contact a deng wu to ensure its security, has the vehicle administrator management duties.

In addition, before the accident, Deng Also said that he was once again two days ago traffic police detained an elevated motorcycle, Deng Should be more aware of the high danger of illegal driving of motor vehicles and the law of the negative evaluation of its behavior, it should learn lessons, legal driving.

To sum up, the court in accordance with the law to reject the plaintiff Deng Mou DE, Wang Mou all claims. The judgment is now in force.


[Not pulling the car key is not an obligation of vehicle management]

The presiding judge said after the hearing that the dispute centered on whether the owner's failure to remove the key of the motorcycle was a case of failure to fulfill the vehicle management obligation. The management obligation of a vehicle manager to the vehicle shall conform to the rules of experience in daily life. The purpose of managing the motorcycle is to prevent the vehicle from being damaged or lost or to cause inconvenience and damage to others.

If the vehicle manager fails to fulfill its management obligations and the vehicle is damaged or lost, the vehicle manager shall be liable for compensation to the vehicle owner. If the result of the failure of the vehicle manager to fulfill its management obligations causes inconvenience or damage to others, the vehicle manager shall be liable for compensation to the victim.

According to the general understanding and reasonable judgment of the motorcycle manager, even if the manager does not remove the key after the motorcycle is turned off, the foreseeable risk is mainly the risk of motorcycle damage and loss. At this time, the vehicle manager assumes the risk of the vehicle owner, rather than others.

In addition, the Supreme People's Court on the application of law of road traffic accident damage compensation cases to explain some issues of the first article of the motor vehicle owner or manager at fault shall be determined as three specific situations: the motor vehicle owner or manager knows or should know that the deficiency in the motor vehicle, and the defect is one of the reasons of traffic accident; Knowing or ought to know that the driver has no driving qualification or has not obtained the corresponding driving qualification; To know or should know the circumstances under which the driver is unable to drive a motor vehicle according to law due to drinking alcohol, taking psychotropic or narcotic drugs controlled by the State, or suffering from diseases that interfere with the safe driving of the motor vehicle.

These three situations are direct or indirect intentional situations in which the motor vehicle owner or manager seriously allows traffic accidents to occur, and this article also stipulates the provision of "other faults that should be attributed to the motor vehicle owner or manager", which should be an obvious fault in line with general life knowledge. In this case, the plaintiff lost his beloved son due to traffic accident, which was really unfortunate, but the traffic accident could not be attributed to the legally innocent vehicle manager Gao So-so according to the fact and time connection.

[Judge reminds]

A driver shall, on the premise of obtaining a valid driving certificate, fully grasp the traffic laws and regulations and observe the traffic regulations. He/she shall not drive over the speed limit or without a license. If you put your own life and the lives of others at risk because of your passion for highly dangerous motorcycling, you will only cause yourself and your family endless suffering, which is not worth the cost.