The collision turned into blamed at the teenage motorbike driver who was now not vintage sufficient to legally drive, became traveling over the speed restriction and became no longer wearing a helmet.
However, spouse and children of the sufferer and different locals collected at the scene of the incident, disturbing the car motive force pay them VND400 million (US$17,220) as compensation. Later, the driver had to hand over VND200 million ($eight, six hundred) to pay for the victim’s funeral. The collision and ensuing controversy brought about congestion on motorway 4D for six hours.
The incident has sparked debate amongst netizens, with a maximum of them opposing the actions of the sufferer’s relatives and nearby citizens.
In the beyond, most Vietnamese people believed the owner of the greater high-priced automobile concerned in a collision must compensate the owner of the less pricey one, no matter who was at fault.
For many Vietnamese humans, evidently motorbike drivers have to be poorer than vehicle proprietors. As an end result, on every occasion a twist of fate took place among an automobile and bike, the automobile owner became predicted to pay compensation.
However, that mindset does no longer fit up with the felony code.
According to article 584 of the 2015 Civil Code, a motive force whose vehicle reasons damage isn’t always liable to compensate the other party if he or she did now not violate any visitors laws or if the other birthday party was at fault.
Many injuries arise because human beings aren’t aware of road legal guidelines or select no longer to follow them.
Compensation following a twist of fate is regularly resolved with the aid of the worried events without related to the police. In a few cases, vehicle owners conform to pay that allows you to settle the incident quickly, even when they have got observed site visitors laws.
A similar coincidence on July 10, 2017, within the Central Highlands province of Dak Lak that left human beings useless shows that this is not the first time humans have wrongfully demanded fee following a twist of fate.
Police determined now not to prosecute the case as it changed into as a result of the 2 young adults who were killed within the twist of fate and the driver had paid VND30 million for their funeral. However, the own family of the two victims nevertheless filed a lawsuit demanding the automobile proprietor pay an additional VND461 million ($19,850) in reimbursement.
Because the proprietor of the automobile did no longer violate any traffic legal guidelines and the teenagers had been traveling too speedy and were no longer old sufficient to pressure, the automobile proprietor ought to now not be required to pay. In reality, he has the right to sue for repayment for damage to his vehicle.
Tran Ngoc Son, chief of the Secretariat of the Traffic Safety Committee of Lao Cai Province, stated the committee has requested neighborhood police investigate the incident and settle it according to with guidelines.
The National Traffic Safety Committee additionally said it changed into unlawful to gather at a twist of fate site and demand repayment. This behavior causes sickness and creates a terrible precedent.
According to Tran Tuan Anh, director of Minh Bach Law Firm, the reality that neighborhood citizens hindered forces that arrived to research the incident had brought about visitors congestion. This movement may be taken into consideration disrupting the public order in accordance with Article 318 of the Criminal Code, Anh informed Gia đình và xã hội (Family and Society) newspaper.
He also stated there were signs of unlawful “belongings appropriation” with the aid of forcing the driving force to pay reimbursement with none choice from an authorized organization.
“It is necessary to prosecute those instances to determine if the drivers volunteered to pay repayment or if their property become illegally appropriated,” he stated.
As for me, I suppose that it’s time to stop questioning that the owner of the greater high-priced vehicle usually has to pay.
If a pedestrian reasons a traffic coincidence, main to belongings harm or resulting in a person’s death, he or she can be subjected to criminal expenses.
We are living in a society governed by using legal guidelines, so everyone is identical on the street. We all need to obey the regulation.
The incident confirmed that law enforcement companies want to take a firm stance towards illegal settlements. Only while the law is exactly obeyed will humans have a look at visitors protection regulations, reducing visitors accidents. Agencies need a dissemination marketing campaign to elevate the recognition of traffic guidelines.
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