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Xiaoxiang Morning News previously reported that on August 11, a father in Hebei Province was riding with his child in a cycling group when the child fell and was run over by an oncoming car, which attracted a lot of attention. On August 13, an insider told the reporter of Xiaoxiang Morning News the details of the incident, saying that the man crying beside the child in the video was the child's father, the child's age was uncertain, and the driver who hit the child was also a nearby villager.The section of road where the accident occurred was a section that had not yet been handed over for acceptance and was not open to traffic. The section was the right bank of the Nanjuma River, located near Nanhoutai Village, Jiaguang Township, Rongcheng County.

The relevant project bidding company told the reporter of Xiaoxiang Morning News (WeChat: xxcbcsp) that the project has been completed but has not yet been accepted, and whether vehicles can pass through it "is hard to say, it is intermittent." The staff of Rongcheng County Transportation Bureau also said that the project has not been handed over, so they do not know the situation of the road section where the accident occurred.

△ Screenshot of the video at the scene

On the afternoon of August 13, relatives and friends of the driver of the car involved in the above accident told the reporter of Xiaoxiang Morning News that when the driver of the car was driving that day, there were people riding on both sides of the car. When the child riding on the opposite side fell, the driver of the car had no time to dodge. The child unfortunately died on the way to the hospital.

△ The relative took photos of the road where the incident occurred

The relatives said they had no idea that the road where the accident occurred was blocked, as it was the road the driver of the car would take to go to work. There were no relevant signs on the road, and there were usually many cars and cyclists on the road.

The relative also said that after the incident, the traffic police delayed issuing a certificate of responsibility for the accident, saying that "the road where the accident occurred was not open and was under the jurisdiction of the criminal police." The criminal police brigade told them to negotiate with the family of the deceased child first. But they were not clear about who was responsible; the family of the other party was very emotional and had not yet contacted them. The driver of the car involved is still in the county detention center.

The reporter from Xiaoxiang Morning News called the Ducheng County Traffic Police Brigade again regarding the situation described by the relatives and friends, but the staff said it was inconvenient to inform them over the phone.

Regarding some legal focus issues involved in the above accident, the Xiaoxiang Morning News reporter also consulted Liu Kai, a lawyer from Beijing Zhongwen (Changsha) Law Firm.

1. If this incident happened on a normal road section, which entities would need to bear which responsibilities?

Liu Kai:The liability of the driver who hits someone depends mainly on whether his behavior complies with traffic regulations. If the driver fails to maintain a safe distance, speeds, or otherwise violates traffic regulations and causes the accident, the driver will bear primary or even full responsibility. If the driver is driving normally and obeying traffic regulations and the accident occurs, he may only bear partial responsibility, depending on whether there are other influencing factors.

According to Article 76 of my country's "Road Traffic Safety Law", if a motor vehicle causes personal injury, death or property damage in a traffic accident, the insurance company shall compensate within the limits of the motor vehicle third-party liability compulsory insurance liability; for the part that is insufficient, the compensation liability shall be borne in accordance with the following provisions: If a traffic accident occurs between a motor vehicle and a non-motor vehicle driver or pedestrian, and the non-motor vehicle driver or pedestrian is not at fault, the motor vehicle party shall bear the compensation liability; if there is evidence that the non-motor vehicle driver or pedestrian is at fault, the motor vehicle party's compensation liability shall be appropriately reduced according to the degree of fault; if the motor vehicle party is not at fault, it shall bear no more than 10% of the compensation liability.

If the losses caused by a traffic accident are caused by a non-motor vehicle driver or pedestrian deliberately colliding with a motor vehicle, the motor vehicle party shall not bear the liability for compensation.

Whether the child who was knocked down was at fault depends mainly on his or her specific behavior at the time of the accident. If the child is over 12 years old, obeyed traffic rules while riding, and his or her fall was due to factors beyond human control (such as poor road conditions, accidents, etc.), then the child should not be considered at fault.

If a minor suffers damage due to the guardian's failure to perform guardianship duties, the guardian shall bear the corresponding civil liability. If a guardian takes a child under the age of 12 to ride on a public road, fails to provide the child with necessary safety equipment, or lets the child ride alone on a dangerous road, the guardian may bear part of the responsibility for failing to perform guardianship duties.

If the cycling event is organized by a cycling organizer and the organizer fails to fulfill the corresponding safety guarantee obligations, he may also have to bear part of the responsibility.

△ There are dotted lines on both sides of the road

2. If the incident occurred in an unopened section of the road, what responsibilities would each of the above entities bear? Would the engineering party be held responsible?

Liu Kai:If the road section is clearly marked with no-entry signs, roadblocks, etc., and the driver still enters the unopened road without permission and an accident occurs as a result, the driver may be held primarily or fully responsible.

Children and their guardians may also be considered to be at fault for riding on unopened roads.

If a child rides on an unopened road, especially if the child fails to follow safety regulations or enters an obviously unsafe section of the road, the child may be found to have some fault, but given the special legal protection of minors, their liability is usually lighter.

Guardians have the responsibility to ensure that their children are active in a safe environment. If a guardian allows a child to ride on a road that is not open to traffic, especially when the guardian knows that the road is unsafe, the guardian may be considered to have failed to perform reasonable guardianship duties and thus bear certain responsibilities.

When organizing cycling activities on unopened roads, organizers should fully assess the safety of the roads. If the organizer fails to ensure that the activity is carried out in a safe environment, fails to inform participants of potential dangers, or fails to take necessary safety measures, it may be deemed negligent and bear corresponding liability.

In addition, if the section of road where the accident occurred is an unaccepted construction section, and the owner and construction party of the project failed to set up sufficient roadblocks, warning signs or closure measures on the unaccepted road, resulting in vehicles or pedestrians mistakenly entering, the project party may be deemed to have failed to fulfill its safety management responsibilities and thus bear greater responsibility.If the section of road where the accident occurred is a construction area, and the construction party failed to take necessary safety measures or failed to close the road in time, the construction party may be deemed to have negligence in safety management and be held responsible.

3. Under normal circumstances, what traffic rules should cyclists pay attention to on the road?

Liu Kai:Road safety is no small matter. When riding on public roads, you need to pay attention to and obey traffic rules to ensure the safety of yourself and others.

First, obey traffic signals and signs. Cyclists should obey the instructions of traffic lights, traffic signs and traffic markings. For example, stop at red lights, give way when there is a pedestrian crossing signal, etc.

Second, keep the lane. Cyclists should ride in designated lanes or cycling paths. If there is a dedicated bicycle lane on the road, it should be used first;

Third, safe speed. Riders should control their speed and avoid speeding or driving at speeds that are not within the prescribed speed limit, especially in areas with heavy traffic or complex road conditions;

Fourth, wear safety equipment. Cyclists should wear safety helmets and other protective equipment, especially on urban roads and in complex traffic environments;

Fifth, do not occupy the motor vehicle lane. When riding on the motor vehicle lane, you should try to ride on the right side and avoid occupying the main lane of the motor vehicle lane;

Sixth, pay attention to the surrounding traffic conditions. Riders should always pay attention to the surrounding traffic conditions, especially at intersections, changing lanes, turning, etc., to ensure safety;

Seventh, it is forbidden to ride after drinking. Riders are not allowed to ride after drinking to avoid the decrease in judgment and reaction speed caused by the influence of alcohol.

Article 72 of my country's "Road Traffic Safety Law Implementation Regulations" stipulates that drivers of bicycles and tricycles on the road must be at least 12 years old.

Xiaoxiang Morning News reporter Wu Chen Xingzi intern Zhang Yahui

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