Should the drinker bear legal liability for drunk driving accident death?The court says

2022-06-27 0 By

Recently, the Litang People’s Court of Binyang County people’s Court successfully mediated a dispute over the right to life caused by drinking together.He mou, Shi Mou, Yu mou, Cheng mou four people are good friends for many years, often wine.In September 2020, the four drank all night and He was in such a good mood that he even wrote a poem on wechat moments.Close to morning He Mou electric car leaves alone to the next meal, jade one, for fear of cheng was the accident was cycling to follow, but driving He Mou instability, fell down on the road lead to serious injuries, jade one, discovered in a timely manner to cheng nanning ninth people’s hospital, but after ten days treatment He Mou still unfortunately died in the end.The dead mother Li mou thinks, shi Mou, jade mou, cheng mou knows he mou drink a lot of alcohol still persuade its drink, in knowing he mou drunk condition still allow its to leave, to the occurrence of the accident has a major fault, so appeal to the court, ask three people to assume a total of more than 330 thousand yuan compensation liability.Sponsored by the judge in the process of the case, the court debate on both sides, especially a jade, yell wronged, cheng do not think there exists vomiting-inducing toasts in their behavior, and drunk He Mou also advised not to drive away, in He Mou adhere to leave when they are driving to follow, and in a timely manner after the accident hospitalized, has done all the obligations.He Mou accidental death there is no one wants to see, but He Mou as adults, there is a clear understanding of the danger of drunk driving, in the case of drinking all night still driving electric cars leave, is the main cause of the tragedy, and a certain, jade, as general cheng shi drinkers, have the obligation to take care of each other, mutual protection, shall be properly placed He Mou,He should not have been allowed to drive away in his car, and should bear some responsibility for failing to take any safety measures despite verbal dissuasion and following behind.Considering that the four people are particularly good friends, the presiding judge, with the working attitude of resolving conflicts and disputes, actively communicated with both parties through phone and explained relevant laws and regulations.Finally, under the continuous efforts of host judge, three defendants are realized the mistake, is willing to mutual compensation of 50000 yuan to He Mou mother to soothe the pain of the lost a son, because family is very difficult, cheng promise first by a certain and jade is responsible for all chipped in, cheng should be part of the burden by its additional ways to pay a certain and jade.A few days later, the defendant collected 40,333 yuan and brought the cash to the court to hand over to the plaintiff, promising to pay the remaining 9,667 yuan a month later.The plaintiff saw the cash brought by the defendant and small change ranging from ten yuan to fifty yuan, and also showed understanding to the defendant’s difficulties. The two sides finally reached a mediation in the court.The defendants also expressed their condolences to the plaintiff and promised the court that they would drink less and pay more attention to prevent the tragedy from happening again.The judge reminded that the joint drinker has a duty of safety care, whether it is to invite drinks or persuade to drink should be restrained.Adults have alcohol free, but should be on the premise of its own security and personal safety of others, after drinking should be properly placed each other, so the safety of care obligations, not just the verbal one pay attention to safety, and more specific safety measures should be taken to put an intoxicated person who commits a does not pose a threat in their personal circumstances, if the common drinkers did not fulfil this obligation,When an accident occurs, the drinker should bear the corresponding legal responsibility.The following four kinds of behaviors at the same table drinkers need to bear legal responsibility: 1. Compulsive drinking, such as using language such as “not drinking is not enough friends” to stimulate the other party to drink, or in the other party has drunk consciousness is not clear without self-control behavior still persuade them to drink.2, knowing that the other party can not drink alcohol is still advised to drink, such as knowing the other party’s physical condition, is still advised to drink induced diseases.3. The drunk person is not escorted safely. If the drinker has lost or is about to lose the ability to control himself or herself, and is not conscious enough to control his or her own behavior, the drinking partner does not send him or her to the hospital or safely back home.4, drunk driving is not dissuaded resulting in traffic accidents and other damage.Statement: The copyright of this article belongs to the original author, if there is a source error or infringement of your legitimate rights and interests, you can contact us through email, we will promptly deal with.Email address: