Who is responsible for a traffic accident in the course of performing their duties?

According to Article 1 of the Opinions of the Supreme People's Court on Several Issues Concerning the Application of the Civil Procedure Law of the People's Republic of China and Article 1 of the General Principles of the Civil Law, if the legal representative, responsible person or staff of a legal person or other organization causes harm to others in the performance of their duties, the legal person or other organization shall bear civil liability. Where the above-mentioned persons carry out conduct unrelated to their duties and cause harm to others, the perpetrator shall bear responsibility for compensation. If it is a cause of compensation under the "State Compensation Law", it shall be handled in accordance with the provisions of the "State Compensation Law".

Xu is a full-time driver of a company, and his main job is to pick up and drop off leaders, help the company's people go out to buy materials, etc. One day, Xu received instructions from the company's leaders to go to another company to discuss the contract. When Xu drove out of the garage, he reversed and damaged the goods that others were loading and unloading.

In that case, who should be liable? Lawyer answers.

According to Article 34 of the Tort Liability Law, if an employee of an employer causes damage to others due to the performance of his or her work tasks, the employer shall bear the tort liability. It can be seen that Xu's reversing and damaging other people's goods should be borne by Xu's company.

Legal basis. Article 34 of the Tort Liability Law of the People's Republic of China Where an employee of an employer causes damage to others due to the performance of his or her work tasks, the employer shall bear tort liability. During the period of labor dispatch, if the dispatched staff member causes damage to others due to the performance of work tasks, the employing unit accepting the labor dispatch shall bear tort liability; If the labor dispatch unit is at fault, it shall bear the corresponding supplementary liability.

If a motor vehicle driver has a traffic accident in the performance of his duties and bears the responsibility for the traffic accident, the driver's unit or the owner of the motor vehicle shall be liable for compensation; The driver's unit or the owner of the motor vehicle may recover part or all of the costs from the driver after compensating for the loss.

Legal analysis: If a motor vehicle driver has a traffic accident in the performance of his duties and bears the responsibility for the traffic accident, the driver's unit or the owner of the motor vehicle shall be liable for compensation; The driver's unit or the owner of the motor vehicle may recover part or all of the costs from the driver after compensating for the loss.

Legal basis: Article 1191 of the Civil Code of the People's Republic of China If the staff of an employer causes damage to others due to the performance of his or her duties, the employer shall bear tort liability. After the employer bears tort liability, it may seek compensation from the employee who has intentionally or grossly negligently.

During the period of labor dispatch, if the dispatched staff member causes damage to others due to the performance of work assignments, the employing unit accepting the labor dispatch shall bear tort liability; If the labor dispatch unit is at fault, it shall bear the corresponding responsibility.

In the event of a traffic accident in the course of performing duties of repentance, the employer shall bear the tort liability, and after the employer bears the tort liability, it may recover compensation from the staff member who has intentionally or grossly negligently. During the period of labor dispatch, if the dispatched staff member causes damage to the person blindly due to the performance of work tasks, the employing unit accepting the labor dispatch shall bear tort liability; If the labor dispatch unit is at fault, it shall bear the corresponding responsibility.

Legal basis] Article 1191 of the Civil Code of the People's Republic of China.

If the staff of the employer causes damage to others due to the performance of their work tasks, the employer shall bear the tort liability. After the employer bears the tort liability, it may seek compensation from the employee who has intentionally or grossly negligent employees.

During the period of labor dispatch, if the dispatched staff member causes damage to others due to the performance of work tasks, the employing unit accepting the labor dispatch shall bear tort liability; If the labor dispatch unit is at fault, it shall bear the corresponding responsibility.

Legal analysis: If a motor vehicle driver has a traffic accident in the performance of his duties and bears the responsibility for the traffic accident, the driver's unit or the owner of the motor vehicle shall be liable for compensation; The driver's unit or the owner of the motor vehicle may recover part or all of the costs from the driver after compensating for the loss.

Legal basis: Article 1191 of the Civil Code of the People's Republic of China Where the staff of an employer causes damage to others due to the performance of their work tasks, the employer shall bear tort liability. After the employer assumes the tort liability, it may recover compensation from the staff member who has intentionally or grossly negligently.

During the labor dispatch period, if the dispatched staff members in the border land cause damage to others due to the performance of work tasks, the employing unit accepting the labor dispatch shall bear the tort liability; If the labor dispatch unit is at fault, it shall bear the corresponding responsibility.