Is it responsible for the person who drinks in a traffic accident and accompanies the drinker?

The description of your case is not very clear, I wonder who caused the accident? What was the severity of the accident?

Hello! Legal Network-Legal Q&A Service Team will answer you as follows:

First, the specific analysis:

1) If the driver insists on drinking more, the escort does not have any mandatory persuasion to drink, and has fulfilled a certain safety reminder obligation, and generally does not bear civil liability for compensation, and the driver bears the responsibility himself.

2) However, if the escort has the behavior of persuading alcohol, he may have to bear some responsibility:

Because the general principles of civil law stipulate the "ancillary obligation", drinkers have a duty of care and safety care for each other. Drinkers and persuaders should objectively be aware that alcohol has toxic effects, and drinking a large amount of alcohol will lead to a weakening of people's ability to recognize and control, and may even cause physical injury or death. In order to avoid harm, it is required that drinkers form a specific relationship of rights and obligations, that is, the duty of care and safety care for each other, which is an ancillary obligation in civil law.

Persuasion of alcohol itself is not illegal, but in real life, there are people who provoke gambling, fighting, persuasion, etc., if the consequences of damage and infringement occur, the person who advises alcohol must bear part of the responsibility. If the person who advises the drinker to drink excessively knowing that the person being persuaded wants to drive, and the person being advised to drive is involved in a car accident, as a person who advises alcohol, may bear certain civil liability for compensation, but the person who advises the drinker only bears certain civil liability to the person being advised. Since it is more difficult to collect evidence related to persuading people to drink alcohol, and it is difficult to divide the relevant responsibilities, the court will generally rule that the person who persuaded people to drink alcohol shall be jointly and severally liable.

If the person who advises the alcoholic intentionally injures another person, he may also be held criminally liable. If the person who advises the other person to drink clearly knows that the other party is not fit to drink alcohol but still forcibly "pours alcohol", causing damage to the body of the other person, then the alcohol becomes a tool that endangers the life and health of the other person, and the person who drinks may be suspected of the crime of intentional injury.

It is recommended that when drinking, the organizers and participants of the party should ask each other about their physical condition, whether they are driving, how much alcohol they drink, whether they have any medical conditions, etc., before drinking, and do not persuade others to drink casually.

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2. Case link.

On September 6, 2008, the CEO of a company in Shanghai asked the driver Xiao Jiang to go to the KTV to pick him up, and then drank with Xiao Jiang in the KTV, resulting in Xiao Jiang's death in a car accident while driving. Xiao Jiang's family believes that the three colleagues (including the company's CEO) who drank at KTV together that night should bear some responsibility for Xiao Jiang's accident, so they sued the court for nearly 500,000 yuan.

The Shanghai Jiading People's Court held that Xiao Jiang himself should bear the main responsibility for the death of his life in a car accident by ignoring it when he knew that there was a pick-up and drop-off task, and allowing him to control his own behavior. And the company's boss knew that he was drunk and driving, and there was a certain fault. The other two had the obligation to remind and stop him from driving, but they did not do so, so they were at fault.

It was decided that each of the three persons should bear 10 civil liability for compensation.

Under normal circumstances, it is not responsible to accompany the drinker, after all, your friend is an adult, and others are not forced, etc.

If you say so ... The hotel is also responsible.

In a drunk driving accident, the person who drank together is responsible.

1. Whether the person who drinks together is liable depends on whether he has advised the deceased to drink;

2. Generally speaking, the person who advises alcohol will be judged to be at fault in the following circumstances: compulsive persuasion, persuading the other party to drink even though he knows that the other party cannot drink, failing to escort the drunk person home safely while knowing that the other party is drunk, and failing to dissuade drunk driving, resulting in car accidents and other damages;

3. If there is a causal relationship between the above wrongful acts and death, you need to bear the liability for compensation;

If the victim suffers personal injury, the compensation obligor shall compensate for all expenses incurred due to medical treatment and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.

Legal basisArticle 91 of the Road Traffic Safety Law of the People's Republic of China Anyone who drives a motor vehicle after drinking alcohol shall have his motor vehicle driver's license suspended for six months and shall be fined not less than 1,000 yuan but not more than 2,000 yuan. Those who are punished for driving a motor vehicle after drinking alcohol and drive a motor vehicle after drinking alcohol again are to be detained for up to 10 days, fined between 1,000 and 2,000 RMB, and have their motor vehicle driver's license revoked.

If a person drives a motor vehicle while intoxicated, the traffic management department of the public security organ shall restrain him until he sobers up, revoke the driver's license of the motor vehicle, and order him to investigate criminal responsibility in accordance with the law; A motor vehicle driver's license may not be re-obtained within five years.

Anyone who drives a commercial motor vehicle after drinking alcohol shall be detained for 15 days, fined 5,000 yuan, have his motor vehicle driver's license revoked, and shall not re-obtain a motor vehicle driver's license for five years.

Anyone who drives a motor vehicle while intoxicated shall be restrained by the traffic management department of the public security organ until he sobers up, and the driver's license of the motor vehicle shall be revoked, and criminal responsibility shall be investigated in accordance with law; The motor vehicle driver's license shall not be re-obtained within 10 years, and the motor vehicle shall not be driven after the motor vehicle driver's license is re-obtained.

If a major traffic accident occurs after drinking alcohol or driving a motor vehicle while intoxicated, and a crime is constituted, criminal responsibility shall be investigated in accordance with law, and the motor vehicle driver's license shall be revoked by the traffic management department of the public security organ, and the motor vehicle driver's license shall not be re-obtained for life.

Legal Analysis: In a drunk driving accident, the person who drank together is responsible. 1. Whether the person who drinks together is liable depends on whether he has advised the deceased to drink; 2. Generally speaking, the person who advises alcohol will be judged to be at fault in the following situations:

Compulsive persuasion to drink, persuading the other party to drink while knowing that the other party cannot drink, failing to safely escort the drunk person home when knowing that the other party is drunk, and failing to dissuade drunk driving, resulting in car accidents and other harms; 3. If there is a causal relationship between the above wrongful acts and death, you need to bear the liability for compensation; 4. The person obligated to compensate the victim for personal injury, all expenses incurred due to medical treatment, and the income reduced due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.

Legal basis: Article 1165 of the Civil Code of the People's Republic of China: Where an actor infringes upon the civil rights and interests of others due to fault and causes harm, he shall bear tort liability. Where it is presumed that the actor is at fault in accordance with the provisions of law, and he cannot prove that he is not at fault, he shall bear tort liability.