Mr. Lu, who lives in Shanghai and is over fifty years old, rides a bicycle to and from get off work every day. He is a cautious, honest and responsible person.

One day in May 2016, the traffic police suddenly found Mr. Lu at work and said that he was suspected of hit-and-run in a serious traffic accident and asked him to return to the traffic police team for investigation. This statement surprised Mr. Lu!

How could Mr. Lu, a cyclist, cause any serious traffic accidents? Why would he hit and run? Speaking of his own experience, Mr. Lu cried out that he was wronged. Mr. Lu said that when the police found him that day, he felt that the other party must have made a mistake.

So what happened in this traffic accident? Why does Mr. Lu keep saying that he is a victim?

Mr. Lu said that the accident happened just two days ago, on May 16, 2016, at around 4 p.m. Mr. Lu ordered a glass countertop for his home that day and made an appointment to have it delivered, so he rode his bike home after get off work. Mr. Lu's home is not far from his work, and it usually takes about 20 minutes to get there by bike.

When he just rode past the intersection of Yushan Road and Taolin Road that day, he felt something was not right. Mr. Lu said: "Suddenly I heard a sound from behind. It was a very fast electric car rushing from behind. When it drove in front of me, I said hey, hey, why are you riding like this?" Before Mr. Lu could wait, He said something to the other person to ride slower, and he and the bike fell down.

After getting up from the ground, Mr. Lu found that his arm had some minor scratches, but the middle-aged woman riding an electric bicycle had nothing wrong with him. Remembering that he still had to deliver goods at home and his injuries were not serious, Mr. Lu rode away.

But what Mr. Lu didn’t expect was that the traffic police came to his door two days later, saying that he had committed a hit-and-run accident. This made Mr. Lu feel baffled. Mr. Lu said that he was scratched by an electric car, fell to the ground, and was injured. The electric car was entirely responsible.

Then how come it was only two days later that he became a suspect in a hit-and-run accident? It turns out that the accident was not as simple as Mr. Lu said. This small scratch between the electric car and Mr. Lu actually cost the life of a child.

The girl’s name was Dandan. She was only eight years old at the time. She was a second-grade student in a primary school near Taolin Road. Dandan’s father: Both of them are working dual jobs. Dandan is usually picked up by a nanny after school and sent to an evening nursery not far from the school. Because Aunt Wang is serious and responsible, Dandan’s parents are also relieved to take care of their child. Leave it to the nanny.

But at around 4 pm on May 16, 2016, Dandan’s father suddenly received a call from his wife, who said that Dandan had been in a car accident. When the anxious couple rushed to the scene of the accident, what they saw completely shattered them! Dandan's head was run over by the wheels of a bus, which was a horrific incident. At 5:20 pm that day, Dandan finally passed away due to severe craniocerebral injury. Dandan's parents were devastated that their only daughter had left them like this.

So how did the car accident that led to Dandan’s death happen? When the accident occurred, the driving recorder of a private car happened to capture the incident. At about 4:30 pm on May 16, 2016, when the private car drove about 60 meters east of Yushan Road, Mr. Lu, who was riding a bicycle, was on the right side of Aunt Wang, and Dandan was sitting on Aunt Wang's electric bicycle. In the back seat of the car, the bus passed directly to the left of Aunt Wang.

In just a moment, the right rear wheel of the bus ran over Dandan’s head. By the time the nanny, Aunt Wang, came to her senses, Dandan was already lying motionless in the middle of the road. At this time, the bus driver did not seem to realize that he had caused a catastrophe and continued to drive. Mr. Li, the owner of the private car who had been following behind, quickly accelerated, caught up with the bus that had just stopped at the station, and told the driver that an accident had occurred. It was only then that the bus driver hurriedly got off the bus and ran back to check the situation.

According to the memory of the bus driver, Mr. Gu, he did not feel at all that the car had hit anyone. Aunt Wang said that she clearly remembered that she was driving on the left rear of Mr. Lu, while Dandan was sitting in the back seat of the electric car. Since the electric car was faster than the bicycle, when she wanted to overtake the bicycle, she jumped from the side of the road. Suddenly a cleaner came out.

The first collision between the two sides had no serious consequences. However, due to the loss of balance, the two sides collided quickly for the second time. Aunt Wang believed that the first collision between the two was caused by Mr. Lu's improper avoidance of pedestrians. In the second collision, when Mr. Lu fell to the ground, he directly knocked Dandan off the electric car, ultimately causing Dandan to Lost his life under the wheels of a bus.

As for Aunt Wang's accusation, Mr. Lu said it was pure nonsense. Thinking of leaving like that, Mr. Lu regretted it.

When the traffic police found him later, he realized the serious consequences of his actions. Article 92 of my country's "Regulations for the Implementation of the Road Traffic Safety Law" stipulates: If a party escapes after a traffic accident, the escaping party shall bear full responsibility for the accident. However, if there is evidence to prove that the other party is also at fault, the liability can be reduced.

On August 26, 2016, the Shanghai Pudong New Area People’s Court held a hearing on this traffic accident case.

In court, the prosecutor proposed that according to the video of the incident, the bus driver Mr. Gu had seriously violated traffic rules during the accident.

In court, the prosecutor produced a road traffic accident determination issued by the traffic police detachment of the Pudong Branch of the Shanghai Public Security Bureau. This determination stated that the nanny Aunt Wang drove an unlicensed electric car to overtake and hindered Mr. Lu’s driving. , bear the main responsibility for the accident; the bus driver, Mr. Gu, drove the bus across the solid yellow line in the center, seriously violating traffic rules, and bears the main responsibility for the accident; Mr. Lu, the bicycle rider, escaped afterwards and bears the main responsibility for the accident.

Based on the circumstances of all parties involved in the accident, the procuratorate finally made sentencing recommendations.

As for Mr. Lu, the prosecutor believed that although he was mainly responsible for the traffic accident, the main reason was that Mr. Lu left the scene without authorization and was not the person directly responsible for Dandan's death. Therefore, there is no need to bear corresponding criminal liability.

On October 8, 2016, the Shanghai Pudong New District People’s Court made a judgment on this traffic accident case: Because before the trial, the defendant Aunt Wang and the bus driver Mr. Gu obtained the identity of the victim Dandan’s parents. Therefore, the court imposed suspended sentences on the two of them in accordance with the regulations.

During the trial of the civil compensation part, Dandan’s parents brought 16 individuals and units to court, including the nanny Aunt Wang, Mr. Lu and the owners of the vehicles parked on the roadside.

Dandan’s father said that the 16 defendants were all closely related to the accident, and it was their actions that indirectly led to Dandan’s death. So, why did Dandan’s father say this? It turns out that the speed limit on Yushan Road where the incident occurred is 30 kilometers.

According to traffic regulations, parking of motor vehicles is prohibited on both sides of the road. However, it can be seen from the surveillance video at the time of the incident: On this section of the road, 6 passenger cars were parked on the non-motorized lane. This caused Mr. Lu, who was riding a bicycle, and Aunt Wang, who was riding an electric car, to temporarily occupy the adjacent areas. Driving on a motor vehicle lane is in compliance with traffic regulations.

However, at this moment, in order to overtake them, the bus behind them illegally crossed the solid yellow line in the center of the road, occupied the opposite lane and drove in the opposite direction. At this time, Dandan fell onto the bus. Near the rear wheel, he was unfortunately run over and died.

Dandan’s father believes that it was the drivers of these six cars who ignored the prohibition on parking and parked illegally, which caused the series of accidents that followed. They should also be responsible for this tragedy.

Faced with the prosecution of Dandan’s parents, Ms. Gu, the driver who parked on the roadside at the time, felt that she was really unjust. She was the last one among the six cars. She had just picked up her son from school when the incident occurred. Get ready to go home. Ms. Gu said that the place where Dandan’s accident occurred was not far from the school, and there was a row of shops nearby. Every afternoon, some children after school would buy food or stationery nearby, so there were often temporary parking on this road. phenomenon.

Ms. Gu believes that she only parked temporarily for a very short time, and this situation is very common, so she does not think there is any problem. It is unreasonable for them to bear such high compensation now.

So should these 6 minibuses parked on the roadside bear liability for the accident? Article 56 of my country's Road Traffic Safety Law stipulates: Motor vehicles shall be parked at specified locations. It is prohibited to park motor vehicles on sidewalks, except in parking spaces designated in accordance with regulations.

In addition, temporary parking on the road must not hinder the passage of other vehicles and pedestrians. For these six vehicles, the accident liability letter of the Traffic Police Detachment of the Pudong Branch of the Shanghai Public Security Bureau also determined that the six passenger cars driven by Ms. Gu and others occupied the non-motorized lanes for parking vehicles and obstructed the passage of non-motorized vehicles, causing the accident. The person who played a smaller role in the accident and whose fault is less serious will bear secondary responsibility for the accident.

Dandan’s father believes that everyone only cares about their own convenience and does not think about the impact such behavior will have on others.

On January 5, 2017, the Shanghai Pudong New Area People’s Court held a hearing on this case. In court, the defendants disagreed over whether they should bear responsibility and the specific proportion of responsibility. The car owner, Mr. Li, believes that the proportion should be divided according to the responsibility determination made by the traffic police department.

But for Mr. Lu, who bears the main responsibility for the accident, he feels that it would be very unfair to him to divide it like this. As for the nanny Aunt Wang, her attorney believes that Aunt Wang is employed by Dandan’s parents, so her liability for compensation should be reduced to a certain extent. The car owners Mr. Li and Ms. Gu who parked on the roadside at the time also emphasized that if we want to talk about responsibility, then Dandan's parents also have a certain degree of responsibility.

On April 5, 2017, the Shanghai Pudong New Area People’s Court made the first-instance judgment on this case:

As for the plaintiff’s claims, the court will make a discretionary decision based on the degree of fault of each party. Afterwards, the defendant Jingao Bus Company was ultimately responsible for 38% of the compensation liability, the defendant Aunt Wang was responsible for 15%, the defendant Mr. Li and other six car owners or drivers who parked illegally were each responsible for 7%, and the defendant Mr. Lu was responsible for 5%. For compensation involving motor vehicles, the insurance company that insures the vehicle shall first bear the liability for compensation according to the insurance contract.