Who is responsible if a student has a traffic accident at a driving school?
[Tip] Before the training car crashed into the wall, student Zheng chose to jump out, resulting in a ninth-degree disability. Who should be responsible for Zheng's injury? Recently, the Ouhai District People's Court of Wenzhou concluded a case of bodily rights dispute: the driving school bears 70% responsibility, and Zheng bears 30% himself.
[Case] On January 16, 2012, at a driving school in Wenzhou, a training car was practicing reversing into a garage. Instructor Xu was guiding outside the car, student Hu was driving, Zheng was sitting alone in the back seat, and another student was in the front passenger seat. Hu drove the car out of the garage, turned right, and suddenly the car accelerated. Zheng shouted for braking. Hu became more nervous and stepped on the accelerator instead, making the car go faster and rush toward the wall. Zheng immediately jumped out of the right door. "Bang!" The car hit the wall. Although the other students, Hu and the other passenger, were unharmed, Zheng was sent to the hospital by ambulance due to the fall and underwent two surgeries.
After a forensic appraisal in Wenzhou determined that Zheng's injuries constituted a ninth-degree disability from the traffic accident, Zheng sued all parties involved, demanding compensation for ten items including medical expenses, hospitalization meal subsidies, nutrition fees, nursing fees, and lost wages, totaling 253,444.49 yuan. However, the court ruled that the fact that Hu and the other student were uninjured proved Zheng's act of jumping out was an improper avoidance measure, and he should bear 30% of his own losses. The driving school should bear 70% of the losses, totaling 179,511.14 yuan.
(People's Daily Online)
[Legal Study] With the increasing number of car owners, the number of people learning to drive at driving schools has also surged. While driving schools profit, they also bear significant risks. However, when student Hu had a traffic accident at a driving school, the determination of liability and responsibility differed from ordinary traffic accidents.
First, the subjects differ. In ordinary road traffic accidents, the parties involved hold a valid driver's license and have passed qualification exams, making them relatively complete in driving skills and psychology. In contrast, student Hu was still learning, had not passed the qualification exam, and was not permitted to drive alone on the road.
Second, the causal relationship differs. In terms of fault, drivers with licenses bear responsibility for accidents they cause. However, when a driving school student causes an accident, liability is multifaceted, divided between the student and the driving school. The driving school's duty is to arrange instructors to teach and assist students in driving on the road, avoid traffic hazards, and ensure safe driving, so the law grants them corresponding responsibility.
China's "Regulations on the Implementation of the Road Traffic Safety Law" clearly states: "Learning to drive on the road must follow the routes and times designated by the traffic management department of the public security organ. Learning motor vehicle driving skills on the road should use training vehicles, under the guidance of an instructor accompanying the vehicle, and individuals unrelated to teaching must not ride in the training vehicle. If a student commits a road traffic safety violation or causes a traffic accident while learning to drive, the instructor bears responsibility." Since the instructor's liability arises from performing their duties, it should legally be assumed by the driving school. Therefore, in this case, although student Hu caused a traffic accident during driving school training, Hu is not required to bear compensation liability.
