Who is responsible for protecting the Maybach driver from hitting a series of cars in the apartment basement?

Police in Tay Ho district, Hanoi are investigating the case of a Mercedes S560 Maybach that hit a series of motorbikes in the basement of the 6th Element apartment building, Xuan La ward, on the morning of May 27. Initially, the authorities identified the driver of the vehicle as protecting the building.

The building management decided to let this person quit and was replaced by another employee. He also added that the owner of the Mercedes S560 Maybach is not a resident of this apartment complex, but a guest. The car owner then gave the key to the security guard to control the car into the tunnel.

The incident caused the Maybach’s head to be crushed, 17 electric motorbikes, one petrol motorbike and 2 parking control booths of the building were damaged. One victim was taken to the hospital with non-life-threatening injuries.

Many people wonder, who is responsible in this case?

Luxury car Mercedes S560 Maybach rammed many electric motorbikes

Talking with us on May 29, lawyer Tran Xuan Tien, Head of Dong Do law office, City Bar Association. Hanoi said, responsibility occurred accident In the basement of the apartment building, it is not only imposed on the person who directly caused the accident (protecting the building) but also on the owner of the car, based on the nature, extent and specific consequences of the act. this.

According to current regulations, the parking basement of the apartment building is not part of the road traffic network, so the accident in the parking lot of the apartment building is not subject to the regulation of the Road Traffic Law 2008.

“In this case, will not consider handling violations of regulations on driving road vehicles, but will be responsible for the consequences of damage to property and health of others. “, Lawyer Tran Xuan Tien analyzed. .

Lawyer Tran Xuan Tien, Head of Dong Doi Law Office, City Bar Association. Hanoi

For vehicle control protection

Specifically, the guard caused property damage including 17 electric cars, 1 petrol motorbike and 2 control booths, which were damaged, causing damage to the health of others (one guard had a broken jaw). ). Therefore, this act has given rise to the liability for non-contractual damages.

Pursuant to the provisions of Article 584 of the 2015 Civil Code, this person will be responsible for compensating for expenses related to the repair of damaged cars, remedial damages for damage and money. Compensation for the injured includes expenses for examination and treatment, carer’s wages and mental loss for the injured security guard.

In addition to the liability to compensate for damage outside the contract, the defender in this case can also be prosecuted for criminal liability in the case of determining the rate of injury due to the act of causing injury to another male security guard. from 31 % or more (Circular No. 22/2019/TT-BYT dated August 28, 2019 of the Minister of Health) for the crime of unintentionally causing injury or causing harm to the health of others (Clause 1, Article 138 Penal Code 2015, amendments and supplements 2017).

The penalty bracket that this person faces is a warning, a fine of between VND 5,000,000 and 20,000,000 or a non-custodial reform for up to 1 year.

With the above act causing damage to other people’s property, if the value of the damaged property is determined to be 500,000,000 VND or more, this defender may also be prosecuted for penal liability for the crime of negligence. cause serious damage to property as prescribed in Clause 2, Article 180 of the Penal Code 2015, amended and supplemented in 2017, and may face a penalty of 2 to 3 years of non-custodial reform or a prison term of between 2 and 3 years. 3 months to 2 years.

The car crashed into the security boot, causing one victim to be injured, waiting for surgery

Ruined scene

For owners of Mercedes S560 Maybach

The lawyer said that, according to the provisions of Article 264 of the Penal Code 2015, amended and supplemented in 2017, the delivery of a vehicle to a person without a driver’s license will be prosecuted for the crime of handing a vehicle to an ineligible person to drive a vehicle. convenient to participate in road traffic and be fined from 10,000,000 VND to 50,000,000 VND or face a non-custodial reform for up to 3 years.

However, the apartment parking basement is not a road, so whether the owner of the Mercedes S560 Maybach knows or does not know whether the guard has a driver’s license or not, it does not pose criminal responsibility to the car owner.

In addition, based on the verification results of the investigation agency, for the liability to compensate the owner of the damaged property as well as 1 person injured, the owner of the Mercedes S560 Maybach can will have to compensate jointly with the male security guard if he proves that the car owner knows that the guard does not have a driver’s license, is unable to drive, but still delivers the car to the guard.

In case the owner does not know that the security guard does not have a driver’s license, is not qualified to drive a vehicle, or because the security guard gives false information, he or she has the right to demand compensation from the guard. full damage.

Lawyer Tien recommends that car owners when handing over cars to others at parking lots must be very careful.

“This is only in the parking lot, so it only raises civil liability, but for the handover of the car to another person to circulate on the traffic system, causing serious consequences, the owner of the vehicle can also be prosecuted for responsibility. criminal and many other troubles”the lawyer emphasized.

According to Young Intellectuals