If the driver who is also the owner of the vehicle is found dead, criminal and civil liability for the victims is no longer imposed. In case of hiring a driver, the car owner is responsible.
Regarding the traffic accident between passenger cars and tractors in Quang Nam, causing 9 deaths, lawyer Vu Thuy Linh – TAT Law Firm assessed that this is a particularly serious case. Authorities need to verify and clarify the cause of the accident.
Lawyer Vu Thuy Linh said that in case the case has criminal signs of “Crime of violating regulations on participating in road traffic” according to Article 260 of the Penal Code, it is necessary to prosecute the case soon to clarify. responsibility of the individuals and organizations concerned.
According to the lawyer, in the case that the driver who is also the owner of the car has died, the investigating agency following prosecuting the case, prosecuting the accused and conducting investigative activities will issue a decision to stop the case once morest him. with the driver who died. At that time, criminal liability and civil liability for the victims in the case are no longer set.
In the case of a driver who is only an employee for a company or organization, the investigation agency continues to clarify the relationship between the company and the driver to resolve the issue of civil compensation for the victims.
In case it is determined that the company and the driver have an employment relationship, the company will be responsible for compensating the victims according to the provisions of Article 597 of the current Civil Code.
Previously, as reported, at 4 am on February 14, passenger car BKS 76B-006.60 carried 21 people from Quang Ngai to Thua Thien – Hue for medical examination. When coming to the intersection between road 129 and the road leading down to Tam Hiep port (Tam Hiep commune, Nui Thanh district), the passenger car collided with the BKS 92H-004.33 tractor, causing the passenger car to overturn.
The accident killed 9 people on the bus (including the driver), 12 injured were being treated at Quang Nam Central General Hospital.
Information from the authorities, according to the dashcam, passenger cars run at a speed of 69km/h, exceeding the allowed speed, on this road only 60km/h can be run. Vehicles carrying more than the specified number of people (passengers are allowed to carry up to 19 people including driver and assistant).
