Crash into the guardrail accident, guardrail management to bear responsibility?
Wife driving a motorcycle crashed into a guardrail and caused a traffic accident resulting in one death and one injury: the wife was killed instantly, the husband in the back seat was injured.After the incident, the husband believed that the improper maintenance of the guardrail management caused the accident, and applied to the guardrail management for compensation, but failed. After that, he applied to the Procuratorate of Qihe County, Shandong Province to support the prosecution, and finally got more than 480,000 yuan in compensation.Claims for compensation after the accident were fruitless backdated to March 11, 2020.Qihe county farmers Liu driving a motorcycle carrying her husband Xie Mou yu from north to south along a bridge in Qihe County non-motorized lane driving, the vehicle and the road west side of the non-isolated metal fence scraping collision.In the accident, Liu’s head (wearing a helmet) collided with the top edge of the cylindrical guardrail column, resulting in helmet rupture and death on the spot, Xie Was injured.Xie was hospitalized for 12 days and spent 24,000 yuan in medical expenses.Public security organs identified the traffic accident as a unilateral accident, Liu mou assumes full responsibility for the accident, Xie Mou yu no accident responsibility.It is understood that the bridge is not isolated metal guardrail by a bridge management company responsible for management and maintenance.After the incident, Xie mou Yu believed that the bridge road facilities and maintenance management there are safety risks, several times to a bridge management company to negotiate compensation matters, but no results.”My father is disabled, my mother is sick all the year round, and there is a three-year-old child at home who has no one to take care of. The family life is difficult. The medical expenses are a big burden for me, and I can only ask the prosecutor for help.On September 1, 2020, Xie submitted an application to the Qihe County Procuratorate to support prosecution.After classics examination, qihe county procuratorate gives accept.Procuratorial organs support prosecution after being paid in the presence of Xie Mou yu reflect, to undertake attorney through site visits and obtaining surveillance video and read the traffic police department crime scene investigation materials, etc., found that the scene is a road corner, the road suddenly by the narrow width, and the road is not set clear traffic warning signs, isolation guardrail protective cap is missing.To undertake attorney after examination, believes that Xie Mou yu and others do exist in the traffic accident occurred the road suddenly by the narrow width, not set clear traffic warning signs, lack of isolation guardrail helmets facts, such as a bridge management company to daily management improper maintenance, accident location between the fault and accident, damage the aggravated has certain causal relationship.According to the Supreme People’s Court on the trial of cases on compensation for personal injury to explain some issues of applicable law (interpretation “ 20, 2020, in December) stipulated in article 16, roads, Bridges, tunnels and other artificial structures built for maintenance, management flaws cause person damage, assume liability to pay compensation by the owners or managers.Except those who can prove themselves innocent of wrongdoing.A bridge management company is responsible for the management and maintenance of the bridge, and the consequences of liu’s death and Xie’s injury should bear the corresponding compensation liability.On September 2, 2020, Xie and others (including Liu’s mother and son) filed a lawsuit to the court.On the same day, the Qihe County Procuratorate issued a statement supporting the prosecution to the court.The court after hearing that a bridge management company management of a bridge guardrail top lack of protective caps.According to the analysis of physical collision principle, the damage caused by no protective cap is more serious than that caused by protective cap.Although liu mou’s traffic accident is unilateral traffic accident, but liu mou’s death and Xie Mou yu’s injury and the above defects of a bridge between the existence of a direct causal relationship, then as appropriate identified a bridge management company to assume xie Mou Yu and other losses of 35% of the total compensation liability.On September 10, 2020, the court made a first-instance judgment: a bridge management company paid xie And others a lump sum of 480,800 yuan in medical expenses, missed work expenses, nursing expenses, death compensation, funeral expenses and other expenses.After the judgment of the first instance came into effect, a bridge management company had performed the payment obligation determined in the judgment.”Thank the procureur for standing up for our people!It has protected our legitimate rights and interests and solved my difficulties.”After getting the compensation payment, Xie Mou Yu is very excited.Continuous improvement of the system of civil support for prosecution case closed but unfinished.Aiming at the flaws of the bridge, road and traffic facilities, qihe procuratorate on January 22, 2021, sent a bridge management company procuratorial suggestion, suggest the company establish and improve the daily supervision mechanism, regularly for a certain bridge road maintenance and ancillary facilities management, and suggested a bridge management in setting traffic warning signs of location of the accident involved,Install anti-collision devices for isolation facilities.On March 12, 2021, a bridge management company replied in a written letter that it had established routine maintenance files, implemented dynamic detection on the safety of roads and affiliated facilities, and carried out centralized investigation on roads and affiliated facilities that may have potential safety hazards.It is understood that in recent years, dezhou procuratorial organ the civil procuratorial departments in-depth implementation centered on people’s judicial philosophy, give full play to the civil support prosecution work in that in accordance with the law to solve disputes, maintaining fairness and justice, increase the efficiency of the social governance, promote social development and progress, lead the positive role of social morality, etc, support the prosecution work in accordance with law.Since 2021, the city’s civil procuratorial department has supported a total of 233 cases of prosecution, including 159 cases involving migrant workers, seeking compensation of more than 4.5 million yuan for migrant workers.”The next step, we will continue to actively move takes office, give full play to the value of the civil procuratorial function, improve the civil prosecution system support, continuous to support prosecution scope, conditions and procedures, establish and improve the normalized operation mechanism, give full play to the support system in the special role in the protection of rights and interests of vulnerable groups, to promote ‘is’,’ I ‘Active contact city 12345 hotline office, people club department, cooperate with our 12309 hotline, jobs for people, comb MoPai letters, letter calls clues in cases involving social vulnerable groups, especially for migrant workers, the disabled, such as weak domestic violence victims civil subject rights difficult situation, make greater efforts to support the prosecutionWe will focus on protecting the legitimate rights and interests of vulnerable groups.”Said Li Shukun, director of the sixth procuratorial Department of dezhou City Procuratorate in Shandong Province.(Source: Procuratorial Daily by Lu Jingao, Zhong Xiang, Chang Fei)