In summer, accidents caused by auto-ignition incidents and car explosions on highways are constantly reported in newspapers. The tragedy that caused car-turning injury or even death is shocking. However, after the accident, the owners had to face the problem of claims.
The vehicle puncture, this tire loss can not be compensated? What are the emergency measures you take before the car bursts after the puncture? Did you step on the brakes? If the car is ignited, give evidence of the cause of spontaneous combustion. A sentence of disapproval for the owners of the reason for refusal to pay in the hot summer seems so cool. In this round of the legal roundtable, we talked about rights protection in summer automobile accidents.
In the summer of July 10, a large-scale truck tire fire broke out on the Hero Bridge in the provincial capital. The driver said that it may be due to the spontaneous combustion of large truck tires after a long journey. In the previous period, multiple puncture accidents occurred at high speeds such as Shanghai Kunming and Changjiu, which caused road traffic to be affected. The media also reported that since July, there have been 296 puncture accidents in the high-speed Hangzhou area.
Car auto-ignition accidents also continue to occur. At 11:40 on July 2, Xu, Ji Rui, Jiguang Expressway, a truck filled with daily chemical products, the hub overheated and came into contact with combustibles, and the compartment was caught in a fire. Fortunately, the driver found it in time and disconnected the front end. On the same day, there was also a spontaneous combustion accident on this road...
After the accident, the owner or his family subsequently walked on the road to rights protection, claiming compensation from the insurance company or claiming it from the car dealer. It was only at this time that the owners of the vehicle realized that there was too little knowledge of claims before they were known, or that they did not even think that this scene would happen to them. Once the right path was completed, the process could be described as hard.
After the auto-ignition of the car, as the owner of the car, how should we collect evidence to protect our rights? Who should indemnify the loss caused by a car tyre after it has been punctured? Welcome to this round of legal round table.
One of the focus of the car puncture in the end who is the fault According to the statistics of the Ministry of Public Security, 70% of domestic highway accident traffic accidents are caused by puncture. After the tragedy occurred after the puncture of the car, the driver became the sole responsibility for traceability, and even the insurance companyâ€™s reasons for rejecting the claim would list â€œimproper emergency measures taken by the driverâ€. what is this?
In 2008, a car tire in the Jinhua area of â€‹â€‹Zhejiang Province caused a traffic accident, causing passengers to die and five injuries. The driver had no drunk driving or speeding overload, but he was still sentenced by the court on the basis that the driver did not properly handle the problem after the puncture, that is, the driver stepped on the brakes after the puncture. There was a mistake or fault. This case was once hailed as "the first case of a domestic puncture."
At that time, many legal scholars suggested that the driver's reaction control time was only about 3 seconds from the tire burst to the loss of control at a speed of 120 kilometers, and the mortality rate of a flat tire accident at speeds above 160 kilometers was close to 100%. The driver is not a stunt driver. Tyre puncture accidents are common. It is unfair that the tragic players are almost all drivers.
Car puncture accident occurs, manufacturers and insurance companies can afford responsibility?
This is a legal blind spot. In the high-speed driving puncture, the driver's instinctive reaction is to step on the brakes to slow down, but it is this kind of instinct that often leads to high-speed skidding and deviation of the vehicle and eventually crash.
In fact, the infringement laws and regulations of some developed countries are very clear, and specify in what kind of situations the manufacturers must bear responsibility. However, there is no clear definition of the puncture accident and the division of responsibilities under the existing legal provisions in China. From the perspective of responsibility, automobile manufacturers must have this awareness, that is, how to ensure that the high-speed tire burst is not fatal, and there should be a new breakthrough in the safety technology field after the tire burst. The manufacturer should be responsible for safety.
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