Boy riding a shared bicycle and died in a car accident
Parents claim 8.78 million to trigger a big discussion
On March 26 this year, an 11-year-old boy from Shanghai collided with a passenger car while using a shared bicycle and was caught in the bottom of the car. Recently, the parents of the deceased shared the bicycle provider and the party to the Jing’an District People’s Court in Shanghai, claiming 8.78 million yuan, and asked ofo to immediately recover all mechanical code locks and replace them with safer locks.
Traffic police opinion: the main responsibility of the death boy for the accident
This is the first case in Shanghai where a minor under the age of 12 used a shared bicycle to die.
The plaintiff's attorney, Zhang Yulin, introduced that at noon on March 26, 2017, the boy and his three companions (all underage) were riding ono bicycles at 1:37 pm on the same day at the intersection of Tianzhu Road, Qufu Road and Zhejiang North Road. Shanghai Hongmao Car Rental Co., Ltd. collided with the bus, causing the boy to fall to the ground and enter the bottom of the large passenger car to be squeezed and crushed. After being rescued by Shanghai Changzheng Hospital, he died on the same day.
The Traffic Police Detachment of the Jing'an Branch of the Shanghai Public Security Bureau issued the "Road Traffic Accident Certificate", which determined that the driver Wang was driving the motor vehicle at the intersection controlled by traffic lights and turned to the left, neglecting to observe the road conditions, and did not confirm the safe passage. The negative responsibility for the accident. At the same time, Jing'an District Traffic Police believes that the boy is under 12 years of age, driving a bicycle on the road in reverse, and neglecting to observe the road conditions, did not confirm the safe passage, the main responsibility for the accident.
File a lawsuit: Boy parents claim 8.78 million yuan
At the beginning of July, the boy’s parents brought the driver and the car rental company to which the vehicle belongs and the relevant insurance company to court. Subsequently, the boy's parents added the ofo provider Beijing Bypass Locke Technology Co., Ltd. as the defendant and adjusted the litigation request.
In addition to requiring the defendant to compensate for death compensation and moral damages totaling 8.78 million yuan, the plaintiff also requested the Jing'an District People's Court to order theo Xiaohuang car: immediately recover all the ofo mechanical code locks and replace them with the user must lock after use. A lock that lives and cannot be easily opened by children.
Zhang Yulin pointed out that the cause of the accident was that the victim was less than 12 years old, and the ofo small yellow car was negligent about the vehicles placed in the public open space. There was no warning on the bicycle vehicle that the victim could not ride; There are major safety hazards in the mechanical locks installed on the vehicle.
The boy’s father said that the child is not allowed to ride alone. For shared bicycles, the child can't register the account without the mobile phone, and the parents have not registered the account of the shared bicycle. On the same day, the boy was looking for a code lock on the roadside to directly push the small yellow car and ride on the road with three small partners.
User comments: The responsibility of the lock is big, or is the guardian responsible?
Many netizens believe that in addition to sharing bicycles, security precautions should be taken on their hardware. Parents of minors should also assume responsibility for supervising their own children. Once an accident occurs, lifelong regrets are out of reach.
@Marco loves to eat: The orchard is locked, the thief shackles into the fruit and is poisoned by pesticides. If there is a lock, there is a moral rule. If you pass the moral rule, you will also take the opportunity to die. Do you still need someone to pay?
@网çƒå’ŒåœŸè±†: It is said that the lock is too easy to open. If your home is stolen, it is also because your home lock is too low. Do you agree?
@Switzerland: For humanitarian reasons, I think ofo can properly subsidize a small amount of condolences, but this parent should not ask for compensation. In love, the lock of ofo is not an excuse for asking for compensation. Yu Li, ofo is also clearly stipulated that children under the age of 12 can not ride a bicycle. Your parents as children have no minimum care, let the children ride a bicycle. Is this not the fault of the parents? (Source: Huaxi Dushi Bao from Beijing Youth Daily, China Youth Daily, etc.)
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