Box driver hit by train because it parked near the tracks: Will the driver be compensated?

On the afternoon of June 5, while parking the car close to the train track in the Co Nhue area (Hanoi), Mr. N did not notice the incoming train, so there was a collision with the front of the car. Talking to the press, the Commander of the Traffic and Order Police Team, Bac Tu Liem District Police said that the above accident occurred at about 17:30 on the same day at the railway section in front of No. 5, Lane 104, Co Nhue Street, Bac Tu Liem District.

At the above time, Mr. D.T.N (born in 1985, in Co Nhue 2 ward, Bac Tu Liem district, Hanoi) stopped parking a car with a control plate 30K - 200.xx in the area in front of lane 104, right next to the railway line. When the train came, Mr. N ran out to control the car from the area but could not catch up. As a result, the entire front of the car was deformed due to the train dragging a section of more than 10m, severely damaged.

Many people wonder whether in this case, Mr. N. has violated the law and is indemnified by insurance? Law Doctor Dang Van Cuong, Head of the Legal Counsel Office (Ho Chi Minh City Bar Association). Hanoi) answered this issue in Dan Viet newspaper.

Specifically, the Law on Road Traffic stipulates: Vehicle drivers are not allowed to stop or park at the following locations: On the left side of a one-way road; On curves and near slopes, visibility is obscured; On bridges, under overpasses; In parallel with another car that is stopped and parked; On the section of the road for pedestrians to cross the road;

At the intersection of roads and within 5 meters from the edge of the intersection; Bus stops; In front of the gate and within 5 meters on both sides of the gate of the head office of the agency or organization; Where the road section is only wide enough for one lane; "Within the safety range of the railway"; Obscuring road signs.

Thus, according to the provisions of Article 18 of the Law on Road Traffic, parking must ensure the safety of oneself and safety of other vehicles when participating in traffic, it is strictly forbidden to stop parking "within the safe range of the railway".

Regarding the driver getting compensation for the body, Lawyer Cuong said that Decree 56/2018/ND-CP regulates the management and protection of railway infrastructure. Specifically, Appendix II of Decree 56 has described in detail how to determine the scope of protection of railway infrastructure, including railway traffic safety corridors.

The width of railway traffic safety corridors is calculated from the outer edge of the railway protection area to each side, and is determined as follows: High-speed railways in urban areas are 05 meters, outside urban areas are 15 meters; The urban railway runs on the ground, the other railway is 03 meters.

The height of the railway traffic safety corridor is calculated from the ground upwards vertically to the limit of the railway's aerial protection range.

Thus, according to the law, the minimum distance within the railway safety range is 3m, usually 5m or more.

"The clip shows that the car parked adjacent to the railway without ensuring the safety range as prescribed by law, so this act of parking is a violation of the road and railway traffic law. The person who commits this act will be sanctioned for administrative violations, if the consequences are serious, he may also be prosecuted for criminal liability," lawyer Cuong analyzed.

According to lawyer Cuong, the authorities will clarify who owns this car, if it is not an asset owned by the driver, the car is rented or borrowed and the consequences of damage are 100,000,000 VND or more or damage to trains or other people are 100,000,000 VND or more, the case will be prosecuted according to Article 260 of the Criminal Code for handling.

In this traffic accident situation, the fault completely belongs to the car driver, all damages caused by this person must be responsible for compensation in accordance with the law.

In case, car drivers do not buy insurance, they are not entitled to insurance as prescribed. In case of buying insurance, if the owner of the vehicle stops or parks illegally and is hit by another vehicle, the functional force (Regional Police or Traffic Police) concludes that it is due to illegal stopping or parking, the insurance compensation is excluded. The exclusion of insurance also depends on the insurance contract of each unit.

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