Responsibilities of the owner of the car accident and the driver of the victim Ask the master to ans

1. First of all, it is necessary to determine the responsibility for transportation. See if the traffic police think it's an accident or an accident. If the accident is caused by force majeure, A, B and D are not liable.

2. If it is determined that B is responsible and is primarily liable, A shall be jointly and severally liable. Because A asks B to drive the vehicle to work, B performs his job.

3. If the vehicle itself is faulty, B does not need to be liable, and A bears full responsibility.

4. If C makes an impact while B is driving, it causes B to overturn. Then A and B are not liable. C is responsible for himself.

5. If D asks C to go to work and hitchhikes, D will have to bear the medical expenses for C.

C may hold D liable because he is an employee of D.

C can also hold A liable in tort for bodily harm caused by his employees.

B bears the main responsibility for the accident, C is not responsible, and A, as the owner of the car, is jointly and severally liable and bears the liability for compensation when B is unable to compensate.

There are two main types of damages disputes in employment relationships: employer compensation disputes and employee injury compensation disputes. The civil liability in these two types of disputes is mainly manifested in two aspects:

The first is the employer's liability for damages, which refers to the employer's liability for the third party's damage caused by the employee in the performance of his duties, also known as the employee's liability for causing damage; The second is the liability of employees for damages, which refers to the civil liability borne by the employer if the employee suffers damage to himself in the course of completing the work tasks assigned by the employer. In both cases, the employer's civil liability is premised on the existence of an employment relationship.

In this case, C can hold A liable because the victim B is his employee, or D liable because he is D's employee.

Legal analysis: In the event of a traffic accident, it is common to encounter situations where the owner of the car and the driver are not the same person. This situation occurs either because of the relationship of professional conduct, or on the basis of the relationship of vehicle leasing or borrowing, or because the vehicle is driven without the permission of the owner, or the vehicle is stolen and robbed, or because the vehicle is transferred by way of sale and other means without "transfer" registration.

In each case, there are two aspects: the external responsibility of the car owner and the driver to the victim, and the internal responsibility of the car owner and the driver, and the size of the responsibility will ultimately affect the actual amount of compensation to the victim.

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. During the period of labor dispatch, if the dispatched staff member causes damage to others due to the performance of work tasks, the department of state and prudence of the employing unit that accepts the labor dispatch shall bear the tort liability, and if the dispatching unit is at fault, it shall bear the corresponding supplementary liability.

Therefore, it involves the question of how to define the connotation and extension of "employer".

If the owner and driver of the traffic accident are inconsistent, and the motor vehicle is the responsibility of one party, the motor vehicle user shall be liable for compensation; If the owner or manager of the motor vehicle has been at fault for the occurrence of the damage, Lao Bi shall bear the corresponding liability for compensation.

[Legal basis].According to Article 1165 of the Civil Code of the People's Republic of China implemented in 2021.

Where the perpetrator infringes upon the civil rights and interests of others and causes harm due to the fault of the previous tremor, they 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.

Article 1209 of the Civil Code of the People's Republic of China.

If the damage caused by a traffic accident occurs when the owner, manager and user of the motor vehicle are not the same person due to leasing or borrowing, etc., and the motor vehicle user is responsible for the motor vehicle, the motor vehicle user shall be liable for compensation; If the owner or manager of the motor vehicle is at fault for the occurrence of the damage, he shall bear the corresponding liability for compensation.