RideElectric bicycleBut he played his cell phone with his heart, and he accidentally hit the drain lid and fell into a vegetable. Who should bear the consequences of this accident? In recent days, the beijing tsayama court has concluded one case of a claim for injury resulting from the bumping of a drain lid. The court ruled that the conduct of the electric bicycle driver, which impeded safe driving, was the main cause of the accident and was responsible for 70 per cent。
In october 2023, when meng drove an electric bicycle to a certain part of the road in the mountains, the front wheel of the electric bike came into contact with the upwelling ditch lid of the road, leading to an accident in meng's fall。
As a result of the accident, meng had been judged to have paralysed his limbs, his degree of disability had been rated level one, his language function and his ability to act freely had been completely lost, and his daily life and medical care were completely dependent on others. Meng, who was transferred to most hospitals for treatment, spent more than $500,000 on medical care。
A road conservation company is responsible for road block maintenance. Following unsuccessful consultations with the company, a member of mon's family sued the road conservation company in court, claiming more than $3 million for medical expenses, lost work, nursing expenses, etc。
According to one of meng's family members, the rise of the gutter sheet was the direct cause of the accident, while lmc, as the relevant unit responsible for day-to-day maintenance operations in the case, was primarily responsible for failing to take timely measures to remove security risks。
For its part, the road conservancy corporation considers that the gutter covers are designed to drain, not to pass, and that the rise of the gutter covers is on the side of the road and does not affect the normal passage of the road and that there is no violation in itselfTraffic accidentsIt was stated in the certificate that illegal driving was all the cause of an accident in meng and that meng was therefore fully responsible for the consequences of the damage。
The court found that, at the time of the accident, meng had driven an electric bicycle that was supposed to be in non-motorized lanes, but had swerved to the drain along the road and had not worn a helmet and had distracted mobile phones, among other things, to prevent safe driving。
The court held that meng yi, as an electric bicycle driver, had an obligation to drive safely. Impediments to safe driving, despite safe driving rules, are the main causes of accidents. As the actual day-to-day maintenance unit for the road sections involved in the case, there is a certain fault in failing to address in a timely manner the security risks associated with the rise of the water grate。
In the end, the court found meng to be responsible for 70 per cent of the damage in the present case, and road conservancy to be liable for 30 per cent of the damage and paid more than 1 million yuan in compensation for mong's medical expenses, lost work, disability aids, disability compensation, etc。
Risk-preventive awareness is the “hidden seat belt” of traffic participants on the road. In this case, the failure to wear a helmet in accordance with the law and the distraction from mobile phone handling during the riding was the main cause of the injury to mon. The judge cautioned that when participating in public transport, civil subjects had the primary responsibility for their own safety and that there must be no impunity. In particular, for non-motorized drivers of “meat iron”, there is a greater awareness that the combination of personal protection (helmet), normative behaviour (focus) and risk prediction (observation) constitutes the cornerstone of safe travel。
The judges also pointed to the need for the road maintenance unit to build on the case-by-case approach, continuously strengthen its risk identification capacity, move responsibilities forward, proactively screen security hazards, rehabilitate public road facilities such as the “building-up sheet” in a timely manner and improve the security of the public road facilities management system。
