Dak Lak: Truck driver fell asleep, encroached lane causing passenger car accident, 13 casualties

Through extracting the camera as well as the driver's testimony, the police initially determined the cause of the accident. The People's Procuracy has just decided to prosecute a truck driver who swerved into the lane and crashed into a passenger car.

On October 10, Buon Ho Town Police said they had issued a decision to temporarily detain Pham Van H. (born 1994, residing in Dai Tu district, Thai Nguyen province) to investigate the act of causing an accident. traffic caused 13 casualties.

According to initial investigation results, on the afternoon of October 8, Pham Van H. drove a truck with registration number: 29H-076.25 on the bypass of Buon Ho town, heading from Gia Lai - Dak Lak.

At about 1:30 p.m., when the truck reached the road section of Km 13 800, Buon Ho town bypass, driver H. fell asleep, causing the truck to move into the opposite direction.

Immediately after that, the truck crashed into a 16-seat tourist vehicle with registration number: 47F-002.03, driven by Mr. Pham Phu Q. (born 1987, residing in Buon Ma Thuot City, Dak Lak Province) driving in the opposite direction. .

The accident killed Mr. Le Quoc H. (born 1996, residing in Dak Song district, Dak Nong province) and injured 12 other people.

After the incident, driver Pham Van H. went to Buon Ho Town Police to surrender and confessed to causing the traffic accident.

It is known that most of the victims in this accident belonged to a cosmetics company in Hanoi that was traveling to the Central Highlands provinces.

Accordingly, through information from a police leader in Buon Ho town (Dak Lak province), it was said that initial statements from truck drivers and assistants were taken.

Also according to this leader, during the testimony process, driver Pham Van H. driving the truck with license plate 29H-076.25 admitted to encroaching on the lane and then hitting the passenger car with license plate 47F-002.03 driven by driver Pham Phu Q. control runs in the opposite direction.

Extracting the dash cams of several vehicles traveling at the same time showed that the truck was driving in the wrong lane, leading to an accident. This data is also consistent with the testimony of driver Pham Van H.

After the accident occurred, in addition to mobilizing forces to take the victims to the emergency room, the authorities tested the passenger car driver's alcohol and drug levels and found no violations. As for truck drivers, the authorities said they will provide information when they have accurate results.

On October 12, information from the Buon Ho Town People's Procuracy said that the unit had just approved the decision to prosecute the defendant and the temporary detention order for Pham Van H. to investigation on the crime of "Violating regulations on road traffic participation".

Related to traffic safety violations due to lane encroachment or going in the wrong lane, causing damage to people and property.

According to Articles 589 and 591 of the 2015 Civil Code, damages that the driver may have to compensate include:

1. Damage due to infringement of life includes:

- Damage due to violation of health as prescribed in Article 590 of this Code.

- Reasonable costs for burial.

- Alimony for those to whom the aggrieved person is obliged to support.

- Other damages prescribed by law.

In addition, the driver must compensate another amount of money to compensate for the mental loss of relatives in the first line of inheritance.

Damage caused by property infringement includes:

- Property is lost, destroyed or damaged.

- Benefits associated with the use and exploitation of lost or reduced assets.

- Reasonable costs to prevent, limit and repair damage.

- Other damages prescribed by law.

If it is determined that in this case the driver is completely at fault, or the damage occurred due to both faults, the driver will have to compensate for damages within the scope of his or her fault.

In addition, if the two parties can agree on the level of compensation for damages, it will be carried out according to the agreement of the two parties. In case the parties cannot agree, they can send a request to the People's Court for settlement. The level of compensation to compensate for mental losses shall be agreed upon by the parties; If no agreement can be reached, the maximum amount for a person whose life is violated shall not exceed one hundred times the base salary prescribed by the State.

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