A teenager who was hit by a motorbike without a helmet was found to be 40% liable by a court

2022-05-01 0 By

Jiangsu Nanjing young male li mou under 16 years of age riding an electric bicycle without a helmet, and a car collision caused brain injury, he needs to assume responsibility?On 27 January, surging news understands from nanjing jiangbei district court, the court has make the first-instance judgment on the tort compensation disputes: that not wearing a helmet in accordance with the law for electric car owner li mou objectively and causal relationship between the consequences of the head traumatic brain injury, can be appropriately reduce the defendant’s liability to pay compensation, electric car owners all the loss to be conceited 40% responsibility.On July 4, 2020, Li did not wear a helmet to ride an electric car through a road junction, and a car collision, Li was injured, two different degrees of damage.The hospital diagnosed Li’s injuries as: left temporal top epidural hematoma, left temporal top fracture, chest injury, right shoulder injury.Li was hospitalized for 16 days and spent more than 65,000 yuan on medical expenses.Classics appraisal, li mou brain injury sends mental disorder, the activity ability that daily life concerns is mild limit, form 10 class disable, its need nursing and nutrition period all give 90 days to be limited.Traffic police department on the cause of the accident analysis, the car driver Zhang driving overdue inspection of the motor vehicle on the road, into the intersection without signal control did not stop lookout, let the right side of the road to the car first, is the main cause of the accident;Li was under 16 years old when he was driving an electric bicycle on the road, and failure to ensure safety was the secondary cause of the accident.Traffic police departments make that determination: Zhang mou assume the main responsibility of the accident, Li Mou assume secondary responsibility.Unable to agree on compensation, the two sides ended up in court.Nanjing Jiangbei New District Court heard that on July 1, 2020, “Jiangsu Electric Bicycle Management Regulations” officially implemented, its 22 provisions, driving and riding electric bicycles should wear safety helmets in accordance with the provisions.According to the responsibility of the traffic police department, as well as the head injury caused by the accident, there is a certain correlation with the failure to wear the helmet according to the provisions.Comprehensive full case of the case, recently the court of first instance judgment, the plaintiff Li mou’s losses by the defendant assume 60% liability for compensation, the plaintiff is responsible for 40% responsibility.To undertake the judges think of this case, the case of li mou when riding not wearing safety helmets in accordance with the law, and he hurt in the traffic accident place mainly in the head, not wearing a helmet in accordance with the law for the objective and the consequences of the head traumatic brain injury, there is a causal relationship between the behavior of not wearing a helmet to a certain extent, expanded the damage suffered by li mou.Accordingly, according to legal regulation, can reduce infringer namely zhang mou compensation liability appropriately.Source: Thepaper.cn Editor: Chen Chen