Helping others is a virtue, but be cautious when offering a ride out of goodwill.
Compiled from: China Legal Education, Jiangsu News
Case review
In the early summer of 2019, Jiang (a pseudonym), in his fifties, drove an SUV and took Liu (a pseudonym) and three other colleagues to Anhui for a trip. On the way, the SUV driven by Jiang veered off the route and rushed into the nearby woods, then overturned and fell into a reservoir. Except for a colleague in the front passenger seat who survived, Jiang, Liu, and another colleague all died.
The local traffic police determined that Jiang had been speeding while driving and bears full responsibility for the accident. In 2020, Liu's family filed a lawsuit with the Qinhuai District Court in Nanjing, Jiangsu Province, demanding that Jiang's family pay a total of 1.1 million yuan, including compensation for death.
During the trial, the representative of Jiang's family stated that Jiang took colleagues out for an outing with good intentions, and this was an accidental incident. 'The four defendants were originally long-time friends. The other three, using the excuse that Jiang had bought a new car, persuaded Jiang to drive. Jiang, out of consideration for his friends and unable to refuse, drove everyone out for a trip.'
Jiang did not purchase insurance for the passengers in the vehicle, so the insurance company does not cover these expenses. Jiang's family offered to bear a certain amount of compensation, but they are unable to afford such a high amount. This case was heard twice in 2020, with significant disputes on both sides. The judge did a lot of work, and the plaintiff and defendant, considering that the two deceased were friends when alive, agreed to mediation.
The judge explained the relevant provisions of the Civil Code to both parties. After negotiation, the defendant paid the plaintiff partial compensation, and the case was successfully settled through mediation.
Civil Code of the People's Republic of China
Article 1217: If a non-commercial motor vehicle causes harm to a gratuitous passenger in a traffic accident, the liability of the motor vehicle party should be reduced, except in cases where the vehicle user acts with intent or gross negligence.
[1] The author's perspective
Voluntariness is an important feature of giving rides out of goodwill. Previously, China did not include provisions on this in the Tort Law. The addition of this provision in the newly implemented Civil Code aims to promote the values of helping others and offering assistance out of goodwill. In the process of doing good deeds, in cases of accidents or losses not caused by personal gross negligence, the person providing help can be exempt from liability. From the perspective of core values, this is to encourage people to help each other in social life, rather than making those who do good deeds bear responsibility, which would discourage them from helping.
However, as drivers, it is always necessary to prioritize compliance with traffic regulations, and passengers must also have sufficient safety awareness, ride in vehicles that meet safety standards, and make every effort to fulfill their duty of caution.
