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The person who dined together was completely irresponsible, and this was a problem of lax supervision by his family. If the family wants to come over or go to court, the court should directly reject it. This is vexatious, and you have already paid the corresponding responsibility.
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After drinking at the same table, the person at the same table had sent him home safely and handed him over to his family, and he himself had a traffic accident, and it turned out that the person who was drinking at the same table was not at fault and was not responsible for his accident. To say the wrong, it is himself and his family
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Of course, there is no responsibility, because it was his own accident that happened later when he was sent home safely, and this is his own responsibility. And when he drank, no one forced him, he was the one who wanted to drink, so there was no responsibility.
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After eating and drinking together as a friend, you also did your duty to send him home afterwards, and the subsequent traffic accident has nothing to do with you and you are not responsible.
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There should be no responsibility for this, because he has already been sent home, he has come out again, and the people who drink at the same table have already done what they should do.
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No, because you have already sent him home and safely handed him over to his family, and what happens after that is none of your business.
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As long as it is caused by drinking, it is better to say that there is no persuasion to drink, and those who persuade alcohol will be held responsible.
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Summary. Hello, a piece of drinking was sent home and then he ran out of the car accident and a piece of drinking is responsible. Friends drink together, come back and go out and have a car accident on the way, and the friend is responsible.
In a drunk driving accident, the person who drank together is responsible. 1. Whether the person who drinks together is responsible depends on whether he has the behavior of persuading others to drink; 2. Generally speaking, the person who advises alcohol will be judged to be at fault in the following circumstances: forcing the other party to drink, persuading the other party to drink even though he knows that he cannot drink, failing to escort the drunk person home safely when knowing that the other party is drunk, and failing to dissuade drunk driving, resulting in a car accident and other damages; 3. If there is a causal relationship between the above wrongful acts and others, they 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.
Hello, a piece of celery wine was sent home, and then he ran out of the car accident again, and a piece of drinking is responsible. Friends drink together, come back and go out and have a car accident on the way, and the friend is responsible. In a drunk driving accident, the person who drank together is responsible.
1. Whether the person who drinks together is responsible depends on whether he has the behavior of persuading others to drink; 2. Generally speaking, the person who advises alcohol will be judged to be at fault in the following circumstances: forcing the other party to drink, persuading the other party to drink even though he knows that he cannot drink, failing to escort the drunk person home safely when knowing that the other party is drunk, and failing to dissuade drunk driving, resulting in a car accident and other damages; 3. If there is a causal relationship between the above wrongful acts and others, they need to bear the liability for compensation; 4. The compensation obligor shall 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 buried nutrition expenses.
Legal basis: Article 1165 of the Civil Code of the People's Republic of China: Where the perpetrator infringes on the civil rights and interests of others due to negligence and negligence, causing harm, the accompaniment 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.
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Drinking with a friend sent him home safely He drove out again and had an accident Am I responsible?
Hello, my friend has an accident with a drunk driver, if the people who drink together have the behavior of persuading alcohol. There is a certain amount of responsibility, and if you don't persuade you to drink, then you don't have responsibility. 1. If you do not advise alcohol in the process of drinking, you are not responsible, and if you do persuade alcohol, you need to bear certain responsibilities.
legal basis; The Tort Liability Law stipulates that an actor who infringes upon the civil rights and interests of others due to his fault shall bear tort liability. The General Principles of the Civil Law also stipulate that citizens who infringe upon the personal person of others due to fault (intentional or negligent) shall bear civil liability. Of course, the extent of responsibility that the person who advises alcohol should be determined according to the degree of his persuasion and the degree of performance of his obligations, because the person who is advised to drink is usually an adult, and he should also have a certain degree of self-control, and should bear corresponding responsibility for the results of the damage.
2. Determination of fault liability.
1. As a person of common sense, those who force alcohol, persuade alcohol, toast and gamble with others should be aware that excessive drinking will have adverse results on people, and that excessive drinking will lead to the weakening and loss of people's ability to recognize and control, and may even cause physical injury or even death, but still engage in forced drinking, persuasion, toasting and gambling, deliberately allowing others to get drunk or allowing others to get drunk, or knowing that their actions will cause harm to the drinker but believing that it can be avoided, and there is fault for the damage caused to others after they are drunk. should bear the liability commensurate with his fault. Clause.
2. A duty of care arises between co-drinkers due to previous acts of drinking together. There is nothing wrong with everyone drinking together, but when a co-drinker drinks excessively, the co-drinkers have a duty of safety and care to remind each other, prevent excessive drinking, take care, escort, and notify family members either because of their status as organizers, or because of acts such as persuading alcohol, toasting, coercing and gambling to drink. If a co-drinker fails to fulfill this duty of care and causes damage to a co-drinker after drinking, it is presumed that the co-drinker is at fault for the occurrence of the damage and shall be liable for compensation commensurate with his fault.
Hope it helps you and have a great day!
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Legal Analysis: A person who kills a person after driving while driving is jointly and severally liable for drinking with him. According to the "ancillary duty" stipulated in the law, drinkers have a duty of care and safety care for each other, and if the drinker knows that the persuaded person wants to drive, but also advises him to drink excessively, and the persuaded person has a car accident after driving, and the injured party is his own, as the person who advised the alcohol, he may bear a certain amount of civil liability for compensation.
Specifically, in this case, the person who drank together did not have a compulsory act of persuasion to drink, and had fulfilled his obligation to stop drunk driving, and he himself hit others to death, so he was fully responsible for his own actions, and the others did not need to bear joint and several liability.
Legal basis: "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents" Article 2: In any of the following circumstances, a person who causes a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention:
1) Where one person is killed or three or more persons are seriously injured, and the person bears full or primary responsibility for the accident;
2) Where three or more people are killed, they bear equal responsibility for the accident;
3) Causing direct damage to public property or other people's property, bearing full or primary responsibility for the accident, and being unable to compensate the amount of 300,000 yuan or more.
Where a traffic accident causes serious injury to one or more persons, and bears full or primary responsibility for the accident, and has any of the following circumstances, it is to be convicted and punished as the crime of causing a traffic accident:
1) Driving a motor vehicle after drinking or taking drugs;
2) Driving a motor vehicle without driving qualifications;
3) Knowingly driving a motor vehicle with incomplete safety devices or malfunctioning safety components;
4) Knowingly driving a motor vehicle that is unlicensed or has been scrapped;
5) Driving with serious overload;
6) Fleeing the scene of an accident in order to evade legal prosecution.
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Legal Analysis: A person who kills a person after driving while driving is jointly and severally liable for drinking with him. According to the "ancillary duty" stipulated in the law, drinkers have a duty of care and safety care for each other, and if the drinker knows that the persuaded person wants to drive, but also advises him to drink excessively, and the persuaded person has a car accident after driving, and the injured party is his own, as the person who advised the alcohol, he may bear a certain amount of civil liability for compensation.
Specifically, in this case, the person who drank together did not have a compulsory act of persuasion to drink, and had fulfilled his obligation to prevent him from driving after drinking, and he himself hit others to death, so he was fully responsible for his own actions, and the others did not need to bear joint and several liability for compensation.
Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Traffic Accidents》 Article 2: In any of the following circumstances, a traffic accident shall be sentenced to up to three years imprisonment or short-term detention:
1) Where one person is killed or three or more persons are seriously injured, and the person bears full or primary responsibility for the accident;
2) Where three or more people are killed, they bear equal responsibility for the accident;
3) Causing direct losses to public property or the property of others, bearing full or primary responsibility for the accident, and being unable to compensate for the amount of 300,000 yuan or more.
Where a traffic accident causes serious injury to one or more persons, and bears full or primary responsibility for the accident, and has any of the following circumstances, it is to be convicted and punished as the crime of causing a traffic accident:
1) Driving a motor vehicle after drinking or taking drugs;
2) Driving a motor vehicle without driving qualifications;
3) Knowingly driving a motor vehicle with incomplete safety devices or malfunctioning safety components;
4) Knowingly driving a motor vehicle that is unlicensed or has been scrapped;
5) Driving with serious overload;
6) Fleeing the scene of an accident in order to evade legal prosecution.
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