Members of the morning run have a certain fault
Reporter: in July 8th, Shandong, Linyi province consisting of a group of middle-aged and early morning run group, starting 22 minutes later, at about 30 meters from the end of the road, met a taxi collision. The accident resulted in one death and two injuries. On the main road of the vehicle running behavior, involved sports association chairman Xu said: fear of conflict with “hiking team” of the venue so chose located on the north shore of Lanshan District, but north of the road because the construction can’t go running in the morning people ran to the motor lane. As for the local government built special fitness trails, can not meet all the needs of the people.
Huang Haibo: I don’t think the reason is valid. That section of the road, the fitness of the people can go to other places to exercise can exercise, why must go to the motor Lane exercise?
Zhang Zhuting: sixty-first provisions of the road traffic safety law: pedestrians should walk in the sidewalk, no sidewalk walking by the roadside. The road traffic safety law regulations for the implementation of the provisions of article seventy-sixth: pedestrians lined up traffic on the road, each row should not exceed two people, but in the road traffic control has been implemented without restriction. This road, if there are sidewalks, participate in fitness workers did not walk on the sidewalk, this is a fault. We can not deny the fact that it is illegal because of its motivation to exercise. From the media reports, the incident has sidewalks, so morning run group personnel or their organizers have a certain fault.
The driver’s responsibility is determined by the findings of the investigation
Reporter: after the accident in Linyi, someone’s driver has been under criminal detention. Many people, however, believe that drivers are not fully responsible. For example, many people believe that if the morning run does not go into the motor lane, the tragedy may not happen.
Zhang Zhuting: Although this case caused public concern and formed a hot issue, we should still use the “cold” thinking. First of all, this case is still under investigation, the taxi driver is intentional or negligence, need to wait to find out the facts before judging. If it is intentional, it should be dealt with according to the crime of endangering public security by dangerous means; if it is a fault, it belongs to a traffic accident case. Secondly, if the traffic accident case, taxi drivers constitute a traffic accident is not controversial, because no matter whether the morning run group is wrong, the driver according to law conviction, punishment without objection.
Huang Haibo: the behavior of the members of the morning run group in the motor lane is a kind of traffic violation, which is one of the causes of the accident. The driver failed to do the duty of careful driving and safe driving, and she was also responsible for the accident, so it should bear the corresponding responsibility.
I personally agree with the comments of some netizens. However, for the driver, she will eventually be held criminally responsible, I think it depends on the final investigation of traffic control department, and then come back to see whether she should bear criminal responsibility.
In addition, the organizers of the morning run know that such activities may have dangerous consequences, but also to implement, organize some illegal activities, so from the point of view of responsibility, organizers have a certain responsibility.
Organizers of the morning run should also be held responsible
Reporter: as you mentioned earlier, the organizers of the morning run group bear some responsibility, then the families of the deceased can sue the morning run organizers, whether the two sides have a legal relationship? According to the president of Linyi Eagle Sports Association involved, it was founded by private individuals in 2009 the association belongs to public welfare organization, there is no fee, all sports people spontaneously join.
Huang Haibo: the liability for compensation is related to the final determination of liability. After the completion of the investigation, the traffic police department will be issued a letter of responsibility for traffic accidents, which will have a clear sense of responsibility.
I personally think that, although it is a public benefit organization organizer explained, but after all, the organizers brought a walking vehicle lane, and this behavior itself is illegal, the organizers should bear some responsibility. I think if the deceased’s family wants to find the organizer’s claim, the organizer may be liable for compensation.
According to the thirty-seventh law of tort liability, the organizers of mass activities who fail to fulfill the obligations of security and cause damage to others shall bear tort liability”. If you can prove that the organizers of the activities in the choice of routes, security tips and other aspects of security obligations have not been completed, then the organizers also need to bear the corresponding liability.
That is to say, if the act of third causes damage to another person, the third party shall bear the tort liability, and the administrator or the organizer fails to fulfill the security obligations and shall bear the supplementary responsibility accordingly. In this case, the morning running group belongs to a mass activity, and its organizer should do certain safety protection duty to the participants of the morning running group, and can not lead them to dangerous and illegal activities. Therefore, for the consequences of the accident, the organizers of the morning running team should also bear certain legal responsibilities.
Zhang Zhuting: whether to prosecute the organizers, this is the right of the family members, family members can exercise their rights, may also give up.
Fitness should not be based on illegality
Reporter: we found that some governmental organizations of “runaway group” “night run group” morning run group “occupied motor vehicle lanes exercise situations have occurred, the traffic control department has repeatedly reminded the public to comply with traffic rules, pay attention to road safety.
Huang Haibo: traffic control department can stop this behavior, such pedestrian traffic violations may be