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Article 31 of the Measures for the Handling of Road Traffic Accidents has been repealed, which stipulates that the vehicle owner shall be responsible for the advance payment of traffic accidents, but with the implementation of the new Traffic Safety Law, the responsibility of the vehicle owner to be responsible for the advance payment has been abolished. There is no legal basis for the liability of car owners in road traffic accident personal injury compensation cases accepted after May 1, 2004.

In the absence of further provisions or interpretations, according to the principle of self-responsibility in the civil law, the tortfeasor, i.e., the civil liability person for the traffic accident, shall compensate the victim for the losses himself, while in a road traffic accident, the vehicle is under the control of the driver, and the tortfeasor is the perpetrator of the accident (generally the driver of the vehicle), and if the owner of the vehicle is not the driver of the traffic accident vehicle, it shall generally not be regarded as the tortfeasor, and the people's court can only rule that the perpetrator of the traffic accident shall directly bear the civil liability for compensation.

So under what circumstances does the car owner bear civil liability or joint and several liability? Specifically, there are three scenarios:

First, the owner of the motor vehicle, as the owner of the motor vehicle, should not be liable as the subject of compensation as long as he has fulfilled the obligation of strict review and leased (lent) to a person with a driver's license and certain driving ability. In the course of actually controlling and operating the vehicle, the renter (borrower) has a traffic accident due to his own fault, infringing on the legitimate rights and interests of others, and the renter (borrower) is the actual infringer and should bear civil liability as a civil subject alone.

Second, when there are defects in the safe operation of the motor vehicle, for example, the owner of the motor vehicle fails to perform the obligation of notification to the rental (borrowing) person when renting or lending the vehicle due to negligence, and the owner of the rental (borrowing) vehicle fails to understand the defects related to the safe driving of the motor vehicle from the owner of the motor vehicle due to negligence, both parties are at fault, and the owner of the rental or lending motor vehicle shall be jointly and severally liable with the lessee and the borrower as the subject of joint compensation;

Third, if the owner of a motor vehicle deliberately fails to inform or guarantee that the motor vehicle is defective when leasing or lending a motor vehicle, and a traffic accident occurs, the owner of the motor vehicle shall bear all civil liability as a separate subject of compensation.

The Supreme People's Court has a reply on the accident caused by the lending of cars, which means that the borrower is liable and the lender is jointly and severally liable. The so-called joint and several liability means that both of you have the obligation to compensate, if the borrower is not able to compensate, then it is up to you to compensateAfter you make compensation, you can recover from the borrower.

If you did not intentionally or grossly negligently cause damage to others in this accident, you should not be held liable.

To put it simply: you are liable for damages to truck drivers. Because you are an employer, the employer is obligated to compensate the employee for personal injuries suffered in the course of employment.

Both you and the driver are liable for the person who is riding the hitchhiker, because the person's bodily injury was caused by your employee, the truck driver, and the law provides that the employer is also obliged to compensate for such damages. However, if the damage is caused by gross negligence on the part of your driver, you can recover from your driver after you pay compensation. Although the law stipulates that you have this right of recovery, because your driver was also seriously injured, it is estimated that you are embarrassed to recover from him, after all, the law is also humane.

You should buy insurance, go to the insurance company.

Basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases

Article 9 Where an employee causes injury to a person in the course of employment activities, the employer shall be liable for compensation; If an employee intentionally or grossly negligently causes damages, he shall be jointly and severally liable with the employer for compensation. If the employer bears joint and several liability for compensation, it may recover compensation from the employee.

"Referred to in the preceding paragraph"."Engage in employment activities"refers to engaging in production and business activities or other labor activities within the scope authorized or instructed by the employer. Where an employee's conduct exceeds the scope of authorization, but its expression is in the performance of duties or is intrinsically related to the performance of duties, it shall be found to be"Engage in employment activities"。

Article 11 Where an employee suffers personal injury in the course of employment activities, the employer shall be liable for compensation ......

Since it is a hitchhiker, it is not a contractual act, it can only be a tortious act! According to the Tort Liability Law, you should be liable, and tort liability can claim moral damages. It is best to ask the insurance company first to compensate for the car damage, and the loss depends on what kind of insurance the two parties enter.

And what's the reason why the truck overturned, pedestrians? Road? If there is a problem with the road, you can sue the road administration, or the pedestrian is responsible, and you can be held accountable.

The mediation ends when the parties refuse to continue the mediation or the parties reach an agreement. Where the parties refuse to continue mediation but fail to reach a mediation agreement, the people's court shall continue to hear the case and make a judgment in a timely manner; If an agreement is reached through mediation, both parties shall be required to sign the mediation agreement and decide whether to make a mediation document according to the circumstances. You see how your mediation ended.

Except for inadmissibility, objections to jurisdiction, and dismissal of the indictment, which may be appealed, all other rulings are not allowed to be appealed.

The ruling addresses procedural issues, such as dismissal of the lawsuit, inadmissibility, litigation preservation, etc., and it is said that the ruling cannot be used in your case.

The entry into force of the award is 10 days.

Article 104 of the Civil Procedure Law of the People's Republic of China stipulates that in a case of property disputes, where the respondent provides a guarantee, the people's court shall rule to lift the preservation.

Zongheng Legal Network-Jiangsu Tongrui Law Firm-Yu Qingmin lawyer.

Hello. First of all, please report the case to the Public Security Bureau, and the investigating agency will intervene to investigate the matter, analyze the cause of the incident and collect human and material evidence.

Subsequently, take your girlfriend to the forensic appraisal center of the local municipal public security bureau for a minor injury appraisal, if the appraisal is a minor injury, it will enter the scope of criminal law adjustment, and in the case of negotiation and mediation, you can file a personal injury compensation lawsuit with the court, and then enter the criminal procedure. The scope of compensation includes: medical expenses, nursing expenses, lost work expenses, hospital meal allowances, transportation expenses, living allowances for the disabled, and mental damage expenses.

In cases of minor injuries in which the state supports public prosecutions, the defendant shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release in accordance with the provisions of Article 234 of the Criminal Law. If the evidence is true, the suspect will be arrested in accordance with the law.

After the appraisal results come out, if it does not constitute a level of minor injuries (such as minor injuries), you can also report the case to the public security organs, and the public security organs can give public security administrative penalties, that is, civil compensation + public security penalties, in addition, do not pin all your hopes on the public security organs, after all, their analysis is only a retrospective and close to the facts process, if you are present at the time, you must pay attention to collecting evidence, such as human witnesses.

It should be noted that, according to the provisions of Chinese law, in practice, after the occurrence of an injury case, if both parties have different degrees of losses, the court generally treats it as mixed fault, and rarely determines that the party who acted later is justified in defense. For minor injuries, after one party files a lawsuit, the other party can directly file a counterclaim. In the case of minor injury, both parties must be injured before a counterclaim can be filed, and the object of the counterclaim is the private prosecutor of the lawsuit.

In cases of minor injuries prosecuted by the parties, they may apply to the court to withdraw the lawsuit, but in cases of minor injuries initiated by the public prosecution organs, the parties are not allowed to withdraw the lawsuit.

Finally, parties to minor injury and minor injury cases can hire a lawyer to investigate and collect evidence from witnesses, participate in mediation, appear in court to defend, and provide legal advice. You can also consult a lawyer about the above point.

The above is a little of my procedural advice, I hope it will be helpful to you, don't worry! As long as you go through the legal process, the infringed rights will definitely be able to get effective remedies!

If there is an attempted hijacking, the nature is very serious, and criminal proceedings can be initiated, but the evidence of the attempted hijacking is more difficult to grasp, it is recommended that you collect witnesses, trauma evidence (identification certificates) or surveillance video, and consult a lawyer, you will definitely get a satisfactory answer.