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Responsible. According to Article 35 of the Tort Liability Law of the People's Republic of China, "if a labor relationship is formed between individuals, and the party providing the labor service causes damage to others due to the labor service, the party receiving the service shall bear the tort liability."
If the party providing the service suffers damage due to the service, it shall bear the corresponding responsibility according to the fault of both parties. ”
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In terms of responsibility for traffic accidents, you are not responsible? It is the responsibility of the truck driver. The principle of traffic accidents is that whoever drives is responsible.
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As long as the driver you hire has a driver's license and is in good mental condition, the driver himself is responsible for the traffic accident that occurs in the middle of pulling goods, and you are only in an employment relationship with him, so you are not responsible.
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Of course, there was no responsibility, and I hired a truck to pull the goods, and there was a traffic accident on the way. The traffic accident must have been caused by the driver of the truck, so it had nothing to do with the owner of the cargo.
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Hello, as an employer, you are liable for the process of the employee, so you should be compensated.
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If the truck you hired was involved in a traffic accident on the way, if the insurance company has a normal claim, you do not need to bear any responsibility, if the insurance company does not pay enough, then you need to bear joint and several liability.
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1. If it is a regular freight company, you are entrusting the freight company to pull the goods, and you are not responsible.
2. You are hiring someone else to serve you, and you are jointly and severally liable.
3. First, if it is a regular freight company, you don't have to be responsible, and the boss driver will take responsibility. If you are looking for a private boss, the driver is responsible, and you and the boss are jointly and severally liable.
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There is no major liability, and causing significant harm will be somewhat joint and several liability.
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In terms of this kind of accident handling, you do not need to bear the responsibility for the accident if you pull or have a traffic accident in the middle of the road.
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Hello, as you mentioned, I personally believe that this situation should not be related to the employer, because the main reason for the accident is the driver, not the employer.
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1. Who is responsible for hiring a car to pull goods in a car accident.
1. The responsibilities for hiring a car to pull goods and causing a car accident are divided as follows:
1) If an employee causes damage in the course of employment activities, the employer shall be liable for compensation;
2) If an employee causes damage to another person intentionally or through gross negligence, 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.
2. Legal basis: Article 60 of the Provisions on Procedures for Handling Road Traffic Accidents.
The traffic management department of the public security organ shall, according to the party's behavior on the role of the road traffic accident and the severity of the fault, determine the responsibility of the party.
1) Where a road traffic accident is caused by the fault of one of the parties, full responsibility shall be borne by the party;
2) Where a road traffic accident occurs due to the fault of two or more parties, they shall bear primary responsibility, equal responsibility and secondary responsibility respectively according to the effect of their actions on the accident and the severity of the fault;
3) None of the parties is at fault for causing the road traffic accident, and if it is a traffic-type accident, none of the parties is liable.
If one party intentionally causes a road traffic accident, the other party is not liable.
2. What is the time limit for handling traffic accidents?
1. The time limit for temporarily detaining the car, license plate and driver's license for inspection and appraisal is 20 days;
2. The determination of responsibility for traffic accidents shall be made within 5 days of minor accidents, 15 days of general accidents, and 20 days of major or extraordinarily serious accidents from the date of occurrence of the traffic accident;
3. If the party concerned is dissatisfied with the determination of responsibility for traffic accidents, he may apply to the public security organ at the next higher level for a new determination within 3 days of the registration.
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1. What should I do if there is an accident involving a hired truck?
1. The handling method of hiring a truck to pull goods and accidents is as follows:
1) Compulsory compensation by the car, the insurance company teased and shouted within the limit of the compulsory insurance liability of the motor vehicle;
2) According to the proportion of responsibility, the driver is responsible, and if the car has commercial insurance, the driver can be assisted to bear part of the compensation.
2. Legal basis: Article 1209 of the Civil Code of the People's Republic of China.
If the owner, manager and user of the motor vehicle are not the same person due to leasing, borrowing, etc., and the damage caused by a traffic accident occurs, the user of the motor vehicle shall be liable for compensation if it is the responsibility of one of the parties to the motor vehicle; 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.
2. What are the constituent elements of traffic accidents?
1. It must be caused by a vehicle. Vehicles include motor vehicles and non-motor vehicles;
2. It happened on the road. Roads are highways, urban roads and places that allow social motor vehicles to pass although they are within the jurisdiction of the unit;
3. Occurs in motion. It is an event that occurs in the process of driving or parking the vehicle, if the vehicle is in a complete stop state, the pedestrian takes the initiative to collide with the vehicle or the passenger gets on and off the car in the process of crowding, falling, and ** accidents, it is not a traffic accident;
4. Something happened. There is one of the phenomena such as collision, crushing, scraping, rollover, crashing, **, and fire;
5. The cause of the situation is man-made. The occurrence of the situation is due to the fault or unexpected act of the perpetrator of the accident;
6. There must be a harmful consequence. The damage consequences are only direct damage consequences, and the mountains and fields are material losses, including personal and property losses;
7. The psychological state of the party is negligence or other unexpected factors. If the person's mental state is intentional, it is not a traffic accident.
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None of the upstairs understands, this is a typical contract of carriage relationship in contract law, the shipper is not at fault for the carrier's traffic accident, and there is no causal relationship for the result, and the person responsible for the traffic accident should be liable.
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Generally, it is also called the shipper who pulls the goods, and bears it himself, and if it damages your goods, it is also necessary to compensate, but the employer, which is also the carrier, is generally more sympathetic.
In a contract of carriage of goods, the party that entrusts the carrier to deliver the goods to the designated place at the time agreed in the contract and pays the corresponding remuneration to the carrier is called the shipper.
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The owner of the goods is not responsible at all. If the owner is responsible, then all car owners do not need to buy insurance, and if there is a car accident, they will find the owner to compensate for the accident, and the world will not be chaotic.
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I hired a truck to haul the goods, but the truck had an accident, am I responsible?
Hello boss! As an employer, you have responsibilities. The responsibility for the accident is divided by the traffic management department of the public security organ, and is determined according to the role played by both parties in the accident and the degree of fault.
In addition, the accident liability divided by the traffic police will affect the proportion of compensation liability, because the compensation liability is mainly based on accident liability. <>
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Summary. When a driver has an accident on the road, the driver's driving behavior and the specific circumstances of the accident will also have an impact on the determination of responsibility. If the driver violates traffic rules, drives negligently, or is otherwise negligent, then the driver is primarily responsible for the accident.
I asked the truck to pull the goods and there was an accident, am I responsible?
Hello <>
If you fail to conduct sufficient due diligence when choosing a truck, or fail to take reasonable precautions to ensure the legitimacy and safety of the truck and the driver, then you will bear some responsibility for the accident. <>
In the event of an accident on the road, the driver's driving behavior and the specific circumstances of the accident will also have an impact on the determination of responsibility. If the driver violates traffic rules, drives negligently, or is otherwise negligent, then the driver is primarily responsible for the accident.
Hello <>
Dear, you need to contact your local insurance company as soon as possible and report the accident to them. The insurance company will conduct an investigation and determine liability based on the circumstances of the accident. In addition, if other parties or posturing witnesses were involved in the accident, their statements and testimony also need to play an important role in determining responsibility.
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