Dak Lak: Continuous accident between 2 trucks and tractors, 6 casualties
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Recently, the authorities of Quang Tri province have just received information that a large displacement truck moving on the national highway suddenly encountered a problem, causing a continuous accident.
According to the information received, at about 12h on November 2, Initial information, at the above time, a truck of over 3.5 tons BKS 50H-077.xx, driven by Mr. Pham Cao C (SN 1990, residing in Ie Tranh commune, Phu Luong district, Thai Nguyen province), circulated on National Highway 1 in the north-south direction.
Upon arriving at Km 787 350, this vehicle collided from the right rear with a truck under 3.5 tons BKS 75C-097.xx, driven by Mr. Pham Xuan M (SN 1987, residing in Ward 1, Dong Ha City, Quang Tri province) in front of the vehicle that was diverting to the left.
After the collision, the truck BKS 75C-097.xx was pushed to the south-north road, continuing to collide with the truck under 3.5 tons BKS 75C-096.xx, driven by Mr. Phan Canh H (SN 1983, residing in Phu Luong B, Quang An commune, Quang Dien district, Thua Thien Hue province), traveling south-north.
After the collision, the BKS 50H-077.xx truck continued to crash into the hard median between Highway 1.
At the scene, truck BKS 50H-077.xx was on the left side of Highway 1, two front wheels thrown off the vehicle; truck BKS 75C-097.xx rotates in reverse in the direction of traffic.
Immediately after receiving the report, the forces of the Traffic Police Department of Quang Tri province, Hai Lang district police were at the scene to divide the traffic flow and investigate the cause of the incident.
According to authorities, the scene left the driver of the truck BKS 75C-096.xx injured; 3 cars were badly damaged.
Currently, the cause of the traffic collision is being investigated and clarified by authorities.
According to Lawyer Truong Anh Tuan, Hanoi City Bar Association, accidents and incidents when participating in traffic are risky and unexpected incidents that occur when vehicles are moving on routes causing damage to human life, health, property and vehicles.
According to Clause 1 Article 601 Section 3 Chapter XX of the 2015 Civil Code (Law No. 91/2015/QH13, dated November 24, 2015), sources of extreme danger include motor vehicles, power transmission systems, operating industrial plants, weapons, explosives, etc combustibles, poisons, radioactive substances, wild beasts and other sources of extreme danger prescribed by law. Owners of sources of extreme danger shall operate, use, preserve, keep and transport sources of extreme danger in accordance with the provisions of law.
In addition, according to Clause 3, Article 601 of the 2015 Civil Code, owners, possessors and users of highly dangerous sources must pay compensation for damage even if there is no fault, except for the following cases: The damage occurs entirely due to the intentional fault of the damaged person; Damage occurs in force majeure or emergency situations, unless otherwise provided for by law.
Therefore, according to Lawyer Tuan, if it does not fall into the above cases, the driver must be responsible for compensating the damaged person. Depending on the specific situation, determine the damages and the extent of the damage to be compensated.
Damage caused by affected health (according to Article 590 Section 2 Chapter XX of the 2015 Civil Code) includes: Reasonable expenses for the cure, retraining and restoration of lost or diminished health and functions of the damaged person; The actual lost or diminished income of the injured person...; Reasonable expenses and actual lost income of the caregiver of the injured person during treatment...; Other damages provided by law.
In addition, the driver of the truck must also pay another amount of damages to compensate for the mental loss suffered by the damaged person. This amount of compensation shall be agreed upon by the parties; if no agreement can be reached, the maximum amount for a person whose health is violated shall not exceed 50 times the base salary stipulated by the State (currently VND 1.49 million/month according to Decree 38/2019/ND-CP dated May 09, 2019, implemented from July 1, 2019).
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