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Dongguan, said the old man fell to the ground knocked the guy ride Panpei 280,000 yuan

  • Author:Li Meijun
  • Source:www.tigloncn.com
  • Release on :2014-08-23
Dongguan, "Peng Yu case" final judgment, the degree of fault could not be confirmed due to the negative half of each party liability
Yangcheng Evening News reporter Xie Ying, correspondent Huangcai Hua, Deng Huanen reports: Yesterday, the People's Court of Dongguan City, the second Dongguan informed a version of "Peng Yu case", the defendant claiming innocence guy "do good," the old man insisted that the plaintiff is a butt guy person. To do this three times a court hearing, and finally findsThe existence of two vehicles collided, Because the two sides could not confirm the degree of fault, according to the principle of fairness negative sides of each half of the responsibility, because the old man injured due to an accident, the guy Panpei 280,000 yuan.
Old man passing guy butt save uncompromising
Tanmou over 20 years of age, at 12:00 on March 27, 2012, he was riding a motorcycle without number plate via Houjie Town San Wai traveling towards the direction of Forest Park, encountered more than 50-year-old fellow villagers Zou Arbor, Zou Arbor Looking now riding a motorcycle is coming, in the process, the two "passing," Zou Arbor fall injuries, two motorcycles have also been damaged. After police arrived, found no sufficient evidence to prove the two sides have violated the law.
After the incident, Zou Arbour was sent to hospital for treatment and was diagnosed with a left leg fracture, after being identified as six disabled.
Zou Arbour recalled that when he was home from Da Ling Shan Forest Park, downhill bend a little to the right, when two vehicles meet, Tanmou motorcycle knocked over the left front wheel of his motorcycle body, leading to its fall to the ground after Tanmou came to apologize, saying he hit "Sorry." Tanmou again in the hospital apologized and 21:00 and more, was also accompany the family to Zou Arbor after surgery. Arbour with Zou Tanmou father said not to worry, saying tomorrow to visit and negotiate the issue of compensation. But unexpectedly, tan and nothing to the hospital to visit.
Thus, in December 2012, Zou Arbor Tanmou sued to the court, claims for medical expenses, disability compensation, a total of more than 510,000 yuan.
Tanmou argued that Zou Arbor is a collision while driving a motorcycle own rock fall. He was sent to the hospital Zou Arbor, because the situation is urgent, the two sides recognized that the relationship is acceptable, he would help to pay 3000 yuan. Later in the strong request of police several times, he paid a 10,000 yuan, which is out of humanitarian advance, not voluntary.
Tanmou also filed a countersuit asking Zou Arbor advance of the return of their medical expenses 13,000 yuan.
Right Tanmou argument, Zou Arbor very angry.
Wang also innocent guy innocence hearing to confirm the collision of three
In order to identify the case, the court hearing the case has three times.
Course of the trial, Tan Moushen invited three witnesses. Witnesses said that when they are in a small car, just after the scene, because there are trees blocking, when the collision occurred Tanmou driving a motorcycle, only to see the car did not see one. Earlier in the testimony of two witnesses with consistent traffic police department, but the testimony of another witness two different, first called there to see the motorcycle hit the back of a motorcycle Tanmou Zou Arbour, the latter said did not see.
And Tanmou also inconsistent statements in the traffic police department twice, first to admit collision left foot bone fracture caused by Zou Arbor, Arbour said after a motorcycle hit rock Zou wrecking forward, he tipped his motorcycle to visit.
Court, Tanmou said, hoping the court also one of its innocence, so this society "good guys are not afraid to do."
Court held that, according to Tanmou said, its just for saving his motorcycle down, regardless of the car is left or right down to the ground, such as the two vehicles without contact or collision, the motorcycle should only be impairment exists side. After the incident. Traffic police department accreditation bodies entrusted traces of collision of two motorcycles were identified from the results, both left and right sides motorcycle Tanmou exist damaged traces.
Moreover, the identification of bodies in accordance with the left Tanmou motorcycle attached like Biology Organization and the left foot of the adhesion of black fiber material, and combined Zou Arbor driving a motorcycle on the left part, the shift lever damage and hospital diagnostic proof regarding Zou Arbour left foot injury site description, contact identified two car collision can be established.
In summary, the court finds that the case involving two motorcycles collided. But could not confirm their offense, the court finds that each party according to the principle of fairness negative half responsibility. Net of insurance part, calculated according to the law courts, first instance verdict, decree Tanmou paid more than 280,000 yuan to Zou Arbor, and dismissed the counterclaim Tanmou request.
Tanmou refused to accept the appeal. Recently, the Dongguan City Intermediate People's Court made the final judgment, rejected the appeal and upheld the original verdict.
Know more about D
Peng Yu case
January 2007, Granny tao lan xu to Nanjing Nanjing Gulou District Court lawsuit against Peng Yu, said Peng Yu to hit. Court of First Instance sentenced Peng Yu compensate more than 40,000 yuan. Peng Yu appeals and contact the media, said he propped fall Granny was framed. Public opinion tends to Peng Yu, questioned the verdict. Peng Yu second trial phase of a settlement agreement reached with the Taolan Xu and withdrawal, the agreement confidential. But public opinion failed to quell. January 2012 to disclose the truth of the case, Peng Yu Xu has admitted indeed collide with Granny.

Tips: Car DVRYou can record traffic during emergency situation and save the file can later view. So if you have installed on each vehicle tachograph, then there would be more such disputes can not be confirmed both right and wrong cases occurred.