How to handle the driver protection of Mercedes Maybach hitting a series of motorcycles?

Protection will have to pay compensation according to civil law?

Regarding the case driver Mercedes Maybach driver crashed a series of motorbikes in an apartment basement in Hanoi at dawn on May 27, currently the General Investigation Team – Tay Ho District Police is investigating and clarifying the case.

According to the police, the incident happened at around 4:20 a.m. on May 27. At this time, the owner of the Mercedes S560 Maybach car with plate number 51H.xxxx handed the car over to an apartment security guard to drive into the parking spot. During the driving process, the driver suddenly let the car hit 18 motorbikes and electric scooters parked in the basement, injuring one person.

After this information was posted, many people expressed their opinion whether the owner of the Mercedes Maybach is blaming the security guard? This is a luxury car, the guard in the incident did not have a driver’s license, how dare he drive the car?

The Mercedes Maybach S560, assigned by the owner to a security guard to drive, crashed a series of motorbikes and then rushed into the 6th Element apartment basement security guard on the morning of May 27 in Hanoi (Photo: Tien Manh).

Talking to PV, lawyer Diep Nang Binh – Head of Tinh Thong Law Office – analyzed, according to the provisions of Article 39 of the Law on Road Traffic 2008, the road network is divided into 6 systems including national highways and national highways. , provincial roads, district roads, commune roads, urban roads and special-use roads.

In Clause 1, Article 5 of Circular 58 of the Ministry of Public Security, a traffic accident is an event that occurs because a road user operating on the road traffic network violates regulations on traffic order. road traffic safety, or encounter unexpected incidents that cause certain damages to human life and health or properties of agencies, organizations or individuals.

Traffic accidents include: traffic collision, traffic accident causing less serious consequences, traffic accident causing serious consequences, traffic accident causing very serious consequences, traffic accident cause particularly serious consequences.

“Thus, the apartment parking basement is not part of the road traffic network and the accident occurring here is not in the group of acts related to the subject of regulation of the Road Traffic Law. Therefore, in the case of In this case, both the car owner and the security guard will have to compensate for the damage in accordance with the civil law.Lawyer Binh said.

According to Mr. Binh, through reflection, the owner of the car gave the car to the security guard to drive into the basement and the security guard caused the accident. Thus, based on Article 264 of the 2015 Penal Code as amended by Clause 76, Article 1 of the 2017 Penal Code Amendment, the crime of assigning an ineligible person to drive a vehicle in road traffic is as follows: :

Those who deliver to a person who knows that such person does not have a driver’s license or is in a state of alcohol use, with an alcohol concentration in his blood or breath exceeding the legal limit; Those who use drugs, other strong stimulants or fail to meet other conditions as prescribed by law, when operating vehicles participating in road traffic, causing damage to other people, shall be subject to a fine of between 10 million and 50 million VND. fine or non-custodial reform for up to 3 years.

Thus, suppose the car owner knows that the security guard is not qualified to drive a road vehicle such as not having a driving license, using alcohol, etc., but still delivers the car, leading to the guard causing damage. If there is a fatal accident (if any), the car lender and the security guard in this case will still not be prosecuted for criminal responsibility, because the vehicle is circulating in the basement rather than joining the road network as the division accumulated above.

A series of motorbikes and electric scooters were damaged by a luxury car (Photo: Tien Manh).

Mr. Binh also said that we should also note that in everyday life, when going to restaurants and shopping, there are places that require you to deliver the car so they can go elsewhere. If the vehicle is delivered in case the driver is driving along the road network, which is not eligible, the person delivering the vehicle, knowing it but still delivering it, will have to bear criminal and civil liability if the driver causes an accident.

Responsibilities of Mercedes Maybach owners

According to Law Doctor Dang Van Cuong, from the pictures from the scene of the incident, it shows that this is a case traffic accidents very serious, great damage when the expensive car was badly damaged at the front of the car and many motorbikes in the garage were damaged, some people were injured…

The competent agency will investigate to clarify the behavior of the vehicle driver, determine the consequences that occur in order to take a form of handling in accordance with the provisions of the law.

In case the verification results show that the driver of the vehicle does not have an appropriate driving license, does not control the speed, leading to an accident that causes damage of VND 100 million or more or causes injuries to the victim from 61% or more, the investigating agency will prosecute a criminal case for violation of regulations on driving road vehicles as prescribed in article 260 of the penal code.

According to Mr. Cuong, in case of being examined for penal liability, in addition to the legal responsibilities that the vehicle driver has to face according to the provisions of article 260 of the penal code, this person must also pay compensation for all damage caused by the vehicle. Damages caused to victims: Damages include the cost of repairing expensive Mercedes cars, damage to repair, remedial damages to damaged motorbikes and compensation to the injured The analysis includes the cost of treatment, the carer’s wages and the mental loss for the victim…

The Civil Code also stipulates that, in case the damage is too great compared to the ability of the person causing the damage, the person causing the damage will only have to pay within his/her ability, the victim will have to bear the damage. a part.

The luxury car was put on the rescue vehicle (Photo: Tien Manh).

In addition, the investigating agency will also clarify if the driver of this vehicle does not have the appropriate driving license, who will hand over the vehicle to this person to drive.

The law stipulates that when handing a vehicle to another person to drive, the recipient must be a person who is fully qualified and has an appropriate driving license. In case the vehicle is handed over to an unqualified person to drive, leading to a traffic accident, the person delivering the vehicle may be examined for penal liability under the provisions of the 2015 Penal Code.

Therefore, in this case, in case the consequences of the accident are determined to be serious, the authorities will also clarify how the act of handing over the car took place, whether the person delivering the car knew that he was the security guard. This does not have a driver’s license as specified or not.

If it is clear that they do not have a driver’s license or are not qualified to drive but still deliver the vehicle, the delivery person will be responsible before the law. In case the driver does not know well or the security guard lies that he is able to drive and has a valid driving license, the delivery person will not be handled and has the right to request the driver of the vehicle causing the accident to compensate for all damages.

This is a lesson for car owners when handing their cars over to others to drive in parking lots, car washes and other situations. In order to minimize serious traffic accidents, vehicle owners need to be careful when handing their vehicles over to others to drive. People who do not have the appropriate driver’s license, are under the influence of alcohol or are not used to driving are very likely to cause a serious accident, in which case the driver of the vehicle may have to face legal trouble and suffer damage.

According to Dan Tri