A ride-hailing car accident occurred, and the Gaode platform had to clean up the mess.

📅 2022-07-19 📂 Zhiming Hot Comments Zhiming Hot Comments 🏷️ #Traffic accident #Platform #Ride-hailing #Road Traffic Safety Law #Amap

Compiled from: New Yellow River Client, Red Star News
 
Case review
On June 26, a female college student in Zhengzhou and her friend took a ride-hailing car dispatched by the Amap platform to "Youxiang Yueche" in Zhengzhou and were involved in a car accident, tragically losing her life. Two other passengers in the same car were seriously injured, and two were slightly injured.

After the accident, the Traffic Police Detachment of Zhengzhou Public Security Bureau determined that Liu, driving a heavy dump truck, failed to follow traffic signals (ran a red light), exceeded the approved load capacity, and used a handheld phone while driving, which impeded safe driving. These factors caused the accident, and Liu bears full responsibility. The small car was driving normally, and the driver Xu bears no responsibility for the accident.

It is reported that the ride-hailing vehicle involved in the accident belongs to "Youxiang Yueche," a platform under the Gaode Taxi aggregation platform. Opening the Gaode Taxi app reveals over a dozen ride-hailing platforms aggregated with Gaode. On July 16, "Youxiang Yueche" was still accepting orders normally on the Gaode platform.

 

 
Road Traffic Safety Law
Article 38
Vehicles and pedestrians should follow traffic signals; when there is a traffic police officer directing traffic on site, they should follow the officer's instructions; on roads without traffic signals, they should proceed under the principle of ensuring safety and smooth traffic.
 
Article 48
Motor vehicles carrying cargo must comply with the approved load capacity, and overloading is strictly prohibited; the length, width, and height of the cargo must not violate loading requirements, and the cargo must not be spilled or scattered.
……

 

 
[1] The author's perspective
Currently, based on the traffic police's determination, the heavy truck driver Liu bears full responsibility for the accident. In the case where the responsible party, the heavy truck driver, refused to fulfill relevant responsibilities, the Gaode Taxi platform advanced the medical treatment costs for the injured and the funeral expenses for the deceased. This reflects a people-oriented spirit, upholds social fairness, and helps resolve the incident properly, which is commendable.
 
However, since the accident liability has been determined that truck driver Liu should bear the responsibility, despite the proactive advance payment by the Gaode platform, this does not mean that truck driver Liu has escaped unscathed. From a legal analysis, truck driver Liu not only violated road traffic safety laws, causing serious consequences of casualties, but also refused to assume relevant responsibilities. The nature of his actions is so vile and the circumstances so severe that they are unforgivable, and even constitute a violation of criminal law. Moreover, in addition to bearing criminal liability, Liu still cannot escape civil liability. This matter must be severely punished to give an account to the families of the deceased and to restore justice to society.

⚖️ Start Your Professional Legal Service Journey Now

Professional legal team, providing one-stop legal solutions

  • @ Email: zhiminglawfirm@126.com
  • WeChat ID:zhiminglawyer01
  • 💬 WeChat: gd_zhiming

Business hours 9:00-18:00 · Fast Response · Strict Confidentiality · Professional & Efficient

Consultation QR Code

Scan the QR code for consultation

Law Firm Official Account

Scan to follow us

"WeChat Help"
微信二维码
"Press and hold on QR code"
"Add WeChat Inquiry"
×
微信二维码
"Press and hold on QR code"
"Add WeChat Inquiry"