car in
front sprinkled fine gravel
along the road, and the owner of the
car behind slipped and fell
on the road
covered by fine gravel. K7, who should pay for it? 0 HTML 0 UNK8 Recently, 0 HTML 0 UNK9 Shaoshan People's Court heard a 0 HTML 0 UNK1 0 dispute over liability for damage caused by obstruction of public roads 0 HTML 0 UNK1 1 basic case 0 HTML 0 UNK1 7: The plaintiff, Zhou Mou, drove a two-wheeled electric motorcycle to send his son to school. When he went downhill through a village road in Shaoshan City, he fell down and was injured after the vehicle skidded due to sand and gravel on the ground. After investigation, the fine sand on the ground of this section was accidentally dropped by Hu Mou in the process of transporting sand and stone by driving an unlicensed three-wheeled motorcycle to Bangjia Village. 0 HTML 0 Three weeks UNK1, the patient was hospitalized for 20 days after an accident. The injury diagnosis was comminuted fracture of the middle part of the right clavicle, comminuted fracture of the olecranon of the right ulna, multiple soft tissue contusions, etc. The cost of medical treatment was 9672.78 yuan. After identification, Zhou's injury was assessed as Grade 10 disability, and it was suggested that the injury should be delayed for 120 days, nursing for 45 days and nutrition for 60 days. 0 HTML 0 UNK1 4 After the accident, the plaintiff and the defendant failed to negotiate. The plaintiff then appealed to the court, requesting that the three defendants, Hu Mou, a village committee and B village committee, be ordered to jointly compensate the plaintiff for the loss of 173503. 0 HTML0 UNK1 5 In addition, it was found that due to the need of construction, the village committee of Jia contracted part of the sand and gravel purchase and transportation business to Hu, a villager of the village, who drove a tricycle to purchase sand and gravel from the sand and gravel factory and then towed it to Jia village. The accident section is a village road with cement floor, which belongs to the maintenance and management scope of Village B. Village B employs public health cleaners to keep the road clean. 0 HTML 0 UNK1 6 Court Judgment 0 HTML 0 UNK1 7 Shaoshan People's Court, after hearing, held that the defendant Hu Mou drove a motor vehicle without a driver's license or driving license, did not carry sand and gravel in an appropriate amount at the time of the accident, and did not take safety measures such as covering the surface with shelters, nor did he take remedial measures to discover the sand and gravel scattering in time, which was the direct cause of the accident. It should bear the corresponding responsibility for the accident. 0 HTML0 UNK1 8 The village committee of the defendant a contracted the purchase and transportation of sand and gravel to Hu, and a contract relationship was formed between the two parties. The village committee of the defendant a did not examine Hu's driver's license, driving license and vehicle transportation conditions, and did not urge him to fulfill his duty of safety care, resulting in the accident, and should bear certain responsibility. 0 HTML 0 UNK1 9 Defendant B Village Committee, as the manager of the road involved, has the obligation to regularly clean up, timely remove road debris and ensure road safety and smoothness. Although the interval between the sand and gravel scattering on that day and the occurrence of the accident was relatively short, the responsibility of the public road administrator was presumed fault liability, and the evidence submitted by the village committee of the defendant B was insufficient to prove that he had actually fulfilled his responsibilities of cleaning up, protection and warning, which led to the accident, and he should also bear the corresponding responsibility. 0 HTML 0 UNK2 0 The plaintiff Zhou Mou drove a two-wheeled electric motorcycle without a license. Under the condition of sufficient light, he did not carefully observe the road ahead and fell down after driving on the road covered with gravel. He had a certain fault in the accident, which could appropriately reduce the liability of the infringer. 0 HTML 0 UNK2 1 To sum up, according to the degree of fault of the plaintiff and the defendant and the causal force of the fault on the consequences of the accident damage, the court determined that the defendant Hu Mou, the village committee of a and the village committee of B should bear 45%, 15% and 10% of the civil liability for the plaintiff's losses respectively, and the remaining losses should be borne by the plaintiff himself. The plaintiff's medical expenses, missed work expenses, disability compensation and other losses totaled 166074 33 yuan, the defendant Hu Mou compensated the plaintiff for the loss of 74733 yuan, the defendant a village committee compensated the plaintiff for the loss of 24911 yuan, and the defendant B village committee compensated the plaintiff for the loss of 16607 yuan. 0HTML0 UNK2 2 Judge reminded 0HTML0 UNK2 3 that with the acceleration of urban-rural integration process and the continuous strengthening of rural infrastructure construction, the construction party, the construction party, the transport responsible person and other parties should strictly implement the responsibility of road transport safety risk control. Sand, gravel and construction waste scattered on the road surface are not treated in time, and small particles are formed after being rolled by vehicles, which will not only endanger the health of residents, but also cause potential road safety hazards. 0 HTML 0 UNK2 4 Therefore, freight operators and drivers should improve their safety awareness, strengthen the inspection of vehicle safety conditions, correctly regulate loading, take necessary measures to prevent the leakage of goods, if the goods are found to be scattered in the course of driving, they should be dealt with in a timely manner, and if they cause damage to others, they must bear tort liability. Public road managers should also improve the road management system and establish management accounts, which can not prove that they have fulfilled their obligations of cleaning up, protecting and warning, and should also bear corresponding responsibilities. 0HTML0UNK25
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