A 9-year-old child was hit while riding a bike across a motor vehicle lane, and their parents refused to compensate? Lawyer's analysis of guardian responsibility and compensation standards
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Recently, the news of a 9-year-old child riding a bicycle across a motor vehicle lane causing a traffic accident and parents refusing to pay compensation has attracted widespread attention. According to reports, at the time of the incident, the child was riding a bicycle alone and suddenly crossed the motor vehicle lane. The normal driving motor vehicle was unable to avoid the collision, causing injury to the child and damage to the vehicle. The child was found to be primarily responsible for the accident, but their parents refused to compensate for the vehicle maintenance costs on the grounds that "the child is still young and immature" and "the other party is also responsible". This type of incident is not an isolated case, it touches on a legal issue that many parents and drivers are concerned about: who will compensate for the harm caused by minors' infringement? How to compensate? Can guardians be exempted from liability on the grounds of 'small child'? This article analyzes the legal responsibilities and key points of rights protection from a lawyer's perspective, combined with the Civil Code and relevant judicial practices.
1、 Minors' infringement, guardians bear no fault substitution responsibility
Article 1188 of the Civil Code of the People's Republic of China clearly stipulates: "If a person without or with limited capacity for civil conduct causes harm to others, the guardian shall bear tort liability. If the guardian fulfills their guardianship duties, their tort liability may be reduced. If a person without or with limited capacity for civil conduct who has property causes harm to others, compensation shall be paid from their own property; the shortfall shall be compensated by the guardian
A 9-year-old child is a person with limited capacity for civil conduct. If their act of riding a bicycle across a motor vehicle lane is found to be at fault and causes harm to others, their guardian shall be liable for compensation in accordance with the law. The "guardian responsibility" here is a substitute responsibility, which means that regardless of whether the guardian is at fault or not, as long as the ward causes harm to others, the guardian shall bear tort liability. If the guardian can prove that they have fulfilled their guardianship duties, their responsibility can be reduced, but it cannot be completely exempted. In practice, allowing a 9-year-old child to ride alone on a motor vehicle lane may itself be considered as inadequate supervision, and the space to reduce responsibility is very limited.
Therefore, parents' refusal to compensate on the grounds of 'their children being immature' is legally untenable. The fact that children are young is precisely the reason why guardians need to take responsibility, not an excuse for exemption.
2、 Accident liability division: When the child is primarily responsible, does the motor vehicle owner still need to compensate?
The division of responsibility for traffic accidents is based on the Road Traffic Safety Law and its implementing regulations. According to regulations, when driving a bicycle across a motor vehicle lane, it is necessary to get off the vehicle and confirm safety before passing through. A 9-year-old child clearly does not have the legal age and ability to ride safely (driving a bicycle on the road requires being at least 12 years old). If the traffic police determine that the child is primarily responsible for the accident, and the motor vehicle party bears secondary or no responsibility, the compensation relationship will become complicated.
There are two levels that need to be distinguished here. Firstly, in the event of an accident between a motor vehicle and a non motor vehicle or pedestrian, the fault mitigation rules of Article 76 of the Road Traffic Safety Law shall apply: if there is evidence to prove that the non motor vehicle driver or pedestrian is at fault, the compensation liability of the motor vehicle shall be appropriately reduced according to the degree of fault; If the motor vehicle is not at fault, it shall bear a compensation liability not exceeding 10%. That is to say, even if the motor vehicle is not responsible, it may still bear compensation of no more than 10%, which is a special protection provided by the law for vulnerable traffic participants.
Secondly, the damage to the motor vehicle itself constitutes property loss. If a child is found to be primarily responsible, their guardian shall compensate the motor vehicle owner for reasonable losses such as maintenance and rescue costs in proportion to their liability. If parents refuse to compensate, the motor vehicle owner can claim compensation in accordance with the law. In practice, many parties mistakenly believe that "if someone is injured, there is no need to compensate for the car", which is a misunderstanding of the division of responsibility.
3、 What should parents do if they refuse compensation? Lawyer teaches you three steps to protect your rights
In the face of the guardian's refusal to compensate, the injured party can protect their rights through the following channels.
The first step is to fix the evidence. Including the Road Traffic Accident Identification Certificate issued by the traffic police, driving recorder videos, on-site photos, maintenance invoices and damage assessment forms, medical records, etc. The accident determination certificate is the core evidence for dividing responsibility. If you are dissatisfied with the determination, you can apply for a review within three days after receiving it.
The second step is negotiation and mediation. You can first consult with your guardian or apply for mediation from the traffic police department or the people's mediation committee. If mediation fails, a civil lawsuit may be filed with the court. In litigation, if the guardian, as the legal representative, still refuses to compensate, the court may apply for compulsory enforcement after the judgment takes effect, and the object of enforcement shall be the guardian's own property.
Step three, pay attention to the statute of limitations for litigation. According to Article 188 of the Civil Code, the statute of limitations for filing a lawsuit to protect civil rights with a people's court is three years, calculated from the date when the rights holder knows or should know that the rights have been infringed and the obligor. Do not delay due to the fact that the other party is a child, which may result in the loss of evidence or the passage of time.
In addition, if the guardian maliciously transfers property to evade compensation, the rights holder may apply for property preservation or apply for additional or changed persons to be executed during the execution stage.
4、 Legal insights for parents and drivers
For parents, this incident is a heavy legal lesson. Firstly, guardianship is not only a moral obligation, but also a legal obligation. Article 34 of the Civil Code clearly states that the responsibilities of a guardian include acting as an agent for the ward to carry out civil legal acts, protecting their personal rights, property rights, and other legitimate rights and interests. Allowing children under the age of 12 to ride bicycles on the road, once an accident occurs, parents not only have to face the pain of their children's injuries, but also bear the responsibility of compensating third parties. Secondly, it is recommended to purchase accident insurance and guardian liability insurance for children. Some insurance can cover compensation for damages caused by minors to others, transferring economic risks.
For drivers, in the event of a similar accident, they should remain calm, immediately report to the police, and protect the scene. They should not privately leave their credentials behind. Even if the other party is a minor, they should promptly obtain an accident identification letter, clarify the proportion of responsibility, and reserve the basis for subsequent claims. If the insurance company refuses or reduces the claim on the grounds of "minors are not responsible", they can claim their rights based on the accident identification letter and insurance contract.
Guangdong Zhiming Law Firm has been dealing with traffic accidents, minor infringement, and guardian liability disputes for a long time. Lawyers remind that the special protection of minors by law does not mean condoning guardianship negligence. Both claims and defenses should be guided by professional lawyers, focusing on accident liability, degree of fault, and evidence of loss, in order to maximize the protection of one's legitimate rights and interests.
