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the driver's family raised 200,000 yuan for compensation in the case of "a child on a bicycle was run over and killed", but was rejected. the lawyer said: i will defend the innocence

2024-09-04

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reporter | wu chen xingzi

on september 4, a reporter from xiaoxiang morning news learned from the defense lawyer for the car driver in the "hebei child fell off a bicycle and died" case that the lawyer would defend the driver jiang's innocence.

at the end of august, jiang's relatives told the reporter of xiaoxiang morning news that jiang was arrested on august 25 for "suspected of causing death by negligence". prior to this, the relatives had raised 200,000 yuan under the mediation of the local organization, hoping to compensate the child's family, but their proposal was not accepted.

on august 26, lawyer zhou zhaocheng was entrusted by jiang's family to serve as jiang's defense attorney.

on september 4, lawyer zhou zhaocheng told the xiaoxiang morning news reporter that even if the driver obtains a letter of forgiveness from the child's family, he will still face punishment, but there will be a difference in the sentencing.

"if the driver was subjectively negligent or overconfident, he might be suspected of a crime. but based on the existing evidence we have, his behavior was unavoidable and we believe he is not guilty." the lawyer said he would defend jiang's innocence.

in addition, the section of the road where the accident occurred was in a "completed but not delivered" state. attorney zhou zhaocheng believes that it is necessary to explore whether the construction party and the contractor have fulfilled their corresponding safety management obligations, whether they have set up safety warning signs, and whether they have taken effective protective measures. according to attorney zhou zhaocheng, at present, the construction party and the contractor have not come forward.

xiaoxiang morning news previously reported that on august 22, xiaoxiang morning news reporters learned from the driver's relatives that the driver and the child's family had not reached an agreement on the "hebei child fell off his bicycle and was crushed to death by an oncoming car" incident, which had attracted much attention. the traffic police did not issue a responsibility determination letter, and the case has been transferred to the procuratorate "on suspicion of negligent homicide." xiaoxiang morning news reporters then verified from the rongcheng county procuratorate that the case has indeed been transferred to the procuratorate.

on august 11, a father in hebei 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 could not be determined, and the driver who hit the child was also a nearby villager. the section of the road where the accident occurred was a section that had not been completed and accepted and was not open to traffic. the section was the right bank of the nanjuma river, near nanhoutai village, jiaguang township, rongcheng county.

the driver's relatives later told reporters that they had no time to dodge when the accident happened. as the road section where the accident happened was not open to traffic, the accident was handled by the criminal police, and it is not clear who should be held responsible.

xiaoxiang morning news reporter noticed that many people posted photos and videos of morning cycling on the road where the accident occurred. in addition, the local area also held its first cycling culture festival in may this year.

on august 14, a reporter from xiaoxiang morning news learned from many local villagers and cyclists that the section of road where the accident occurred was a flood control embankment. the construction party had posted notices at many places along the road stating that non-construction personnel and vehicles were prohibited from passing. however, because it was more convenient, many villagers chose to drive through this section to go to work. in addition, nearby villagers would go up the embankment for a walk, and cyclists also often chose this section.

a local cyclist named hu told the reporter of xiaoxiang morning news that in his personal understanding, the road is part of the countryside park, an open park, not a public road. he remembered that there was a 15-yard speed limit sign on the road. the road is part of the landscape project, so many people check in and ride here, and many people ride and run here in the morning. there are roadblocks blocking the way, so there are not many cars on this road.

"if we ride bicycles and there are cars, we will pull over and slow down because the road conditions are better and the vehicles will be faster," said the cyclist.

at the end of august, jiang's relatives told a reporter from xiaoxiang morning news about the road conditions where the accident occurred, saying that some sections did have a speed limit of 15 mph, but jiang had already passed that section.