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The elderly accounted for about 25% of the elderly is not less reason for traffic accidents in the case of payment

2018-11-05 10:49 beijing evening news TF019

In the travel problems, the elderly because of the body function, poor safety awareness is not strong, more vulnerable to traffic accidents. Beijing city Huairou district court to display statistics involving the elderly cases of traffic accident cases in 2017 years, the hospital received a total of traffic accident disputes 600, which 147 involving the elderly, accounting for nearly a quarter.

Speed court Changping District court judge found in the work, in the traffic accident, the elderly has the characteristics of worse off, under the same conditions of compensation is low, and the elderly in traffic accidents for pedestrians and other vulnerable side, one of the reasons for its poor safety awareness is the cause of the accident.

Fender Bender。 Yan Tong photo map

[1]: characteristics of injuries

The old man knocked a year later he died of pneumonia

In 2015, the 75 year old uncle Xing has been hit by a truck when walking, the traffic control department found a van full responsibility, Xing uncle no responsibility. The accident resulted in the right leg artery injury, hemopneumothorax rib fracture, Xing uncle, his right leg was amputated.

In stable condition, Xing uncle sued the responsible party, and obtained 19 yuan compensation. Unexpectedly, in early 2017, Xing uncle suddenly collapsed and died due to severe pneumonia. The family will once again the prosecution to the court, request the other party liable for the death of Uncle xing.

This has been discharged, a year and a half before the death due to infection, the nature does not recognize Xing uncle's death is due to accident cause.

But the judicial authentication institutions identified that the traffic accident causes Xing uncle chest and right lower limb trauma appear heavier, hemopneumothorax, bilateral pleural effusion, lung contusion and other symptoms, and in Xing uncle after amputation need long-term bed, in the above factors, secondary pulmonary infection and amputation after infection of the respiratory system. Resistance and immune function will have some adverse effects.

Identification of bodies and considering the Xing uncle older, poor general condition, died a week before due to a cold cough expectoration, comprehensive analysis that there exist certain causal relationship between the death and the traffic accident Xing uncle.

Accordingly, the Changping court held that Xing uncle family requested the compensation for funeral expenses, death compensation, mental damages solatium total of 29 million yuan fee in according to the law, so the decision support for the.

Judge: their constitution does not affect the responsibility

Only there is a causal relationship why two, the party must bear full responsibility for compensation? In this case the trial judge, the court of Changping arbitration court vice president Wang Jianhong explained that although the physical factors of the elderly has certain effects on the damage results, but this does not constitute a fault in the accident, not as a pretext to reduce the driver's liability.

Wang Jianhong said, in the traffic accident, the elderly is usually a vulnerable side, because the action is weak, the ability to protect themselves in the event of a traffic accident is worse. Plus the elderly often suffer from various chronic diseases, the body function of the weak, the traffic accidents are more likely to cause serious injury.

For example, the frail elderly postoperative infection treatment easier, longer recovery period." Wang Jianhong for example, if the elderly need intubation treatment of respiratory tract infection is a common complication. Although the infection is not directly cause traffic accidents, but still need treatment.

The more common is the controversy around the basic disease in the elderly, the driver often to the elderly own disease aggravated the consequences of the damage as a reason to justify. But Wang Jianhong said that the traffic accident is one of the leading causes of injuries, reasonable resulting damages should be compensated, "for patients with hypertension, the traffic accident belongs to strong stimulation, will cause his illness."

If the party that illness really has nothing to do with the traffic accident, can apply for participation in the identification to the court, the court will be based on the views of the appraisal institutions.

[] 2 characteristics: more concerns

Do not give children trouble after the injury to Dutch act

Last year, 76 year old Uncle Zhang in the electric car ride out when the door was hit by a roadside vehicle suddenly opened, when he felt a sharp pain. But try to find themselves and can still walk, they did not inform the son, riding back to home.

Until the evening, Uncle Zhang was unable to get up the family rushed to the hospital, was diagnosed as left femoral neck fracture, need long-term bed rest. After identification, Uncle Zhang's injury to ten disabled.

Since the injury, Uncle Zhang in bed for seven months still can not take care of themselves, because feel hurt hurt the family, he sometimes even difficult to sleep at night. Finally, feeling more and more depressed Uncle Zhang chose medication Dutch act fortunately, the family was discovered in time, after the rescue, Zhang uncle turned the corner.

Uncle Zhang's family Dutch act behavior of the elderly is also attributed to the traffic accidents caused by the claim for medical time-consuming, will Uncle Zhang due to medication and accept the rescue expenses should be included in the amount of compensation.

Changping court held that the medical expenses of traffic accident and Uncle Zhang did not submit evidence due to overdose itself causal relationship, also do not have to apply for judicial appraisal, therefore in the first trial, the additional medical expenses is not recognized by the court.

At present, the case is still under appeal.

Judge: don't give the elderly two damage"

With the one-child family parents gradually into old age, taking into account the children need to work, the family, the elderly accident, often lead to children's psychological trouble.

"After some old traffic accidents, said that what is called the children to the scene, give the child afraid of trouble, can hide behind her." For Uncle Zhang's attitude, in this case the trial judge, speed court judge An Yuxia Changping court said very understand. Uncle Zhang would not become a family, depressed mood and did not receive timely troubleshooting, finally take the extreme way.

Trauma or disease An Yuxia judge also suggested that children not only care for the elderly, and ignore their psychological burden. Lying in bed, especially for the elderly in need of care, children should be timely to help the elderly to ease the psychological pressure, don't let the elderly suffer secondary damage".

[3]: poor awareness of characteristics

Stay in the vehicle lane by accident injury

In December 2016, a district Tiantongyuan, occurred two car collision accident, including a car after being hit, the body suddenly rotated and because coasting a few meters distance. Granny standing on the roadside beam did not dodge, was knocked down by the car tail slide, leading to traumatic intracerebral hemorrhage.

Display the tachograph, Granny beam the location of the station is in the area of the lane, she also did not because the car approaching from behind and escape.

Granny Liang was immediately admitted to the intensive care room, for a year and a half later, eventually died due to multiple organ failure. Because the treatment produced the high medical expenses, the party was eventually sentenced to pay 297 yuan.

Judge: self protection can not be ignored

Although this case is caused by the improper behavior of the driver, but judge An Yuxia said, if there are more old beam safety awareness, do not stay in the traffic on the road, the accident can be avoided.

Judge An Yuxia found that some of the elderly because of not received systematic education of traffic rules, their understanding of the rules depends entirely on the common sense of life. For in her case, a seven year old man was injured by a red light, described the situation, with particular emphasis on the old "I know is red, also deliberately ran over the cat waist, dumbfounding.

"Although the elderly actually disadvantaged in the road traffic environment, but also emphasizes the rules, in order to better protect themselves." Judge An Yuxia said that due to the old emergency response ability is generally weak, naturally requires prior prevention.

[4]: low compensation characteristics

The payment term will continue to claim more than

2009, in Shenyang there was a traffic accident, 80 year old Lee was hit by a five level disability. After the incident, the driver Kang has 5 years according to the compensation period of compensation. Five years later, Lee is still not improved, still need a lot of care, so she again sued Kang, the nursing expenses continue to ask for 5 years.

The court in accordance with relevant laws and regulations, identified Lee over determined nursing fee payment period, and still need to continue to care, so the decision of Kang should continue to pay costs associated with more than 13 yuan.

Judge: in order to fill the damage compensation

The Supreme People's court "on the trial of personal injury compensation case applicable legal interpretation", compensation for death compensation, disability compensation, dependents living expenses for up to 60 years of age. Under the age of 60, compensation for 20 years; more than 60 years of age, each year, will reduce the compensation period a year. If more than 75 years of age, the compensation period is calculated according to 5 years.

Judge Wang Jianhong pointed out that, in fact, in compensation for personal injury, the cost will be accounted for a great proportion in the final compensation amount. Because the elderly the compensation period decreases with age, compared to the same injury of young people, the amount of compensation for the elderly can get will be significantly reduced.

However, these differences are not treated differently, to their own circumstances, but the legal factors such as rehabilitation may consider the compensation period to determine the expected. Although the judicial interpretation of this term has been set, but beyond the period of claims are not supported.

In fact, this is the civil law "in the principle of damage", if the loss of the victims in the payment period still has not been "filled", he can continue to advocate related compensation, the court can also support according to law.

 

Source: Beijing evening news reporter Liu Suya

Editor: TF019

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