After drinking together, if one person has an accident after leaving, is the other person responsibl

After drinking together, if one person has an accident after leaving, is the other person responsible?

There is definitely responsibility, I can tell you very accurately. After everyone drinks together, one person has an accident, it is nothing more than two situations, suddenly getting sick or having a traffic accident.

Here we pay attention to the fact that some people drink each other down at the wine table and send them home directly, or even to the door, and suddenly have an accident due to illness. We have seen this situation many times on the news on TV, and in the end, these friends of his will bear civil compensation. It's just a question of how much to compensate.

Another scenario is the occurrence of a traffic accident. In the case of a traffic accident, if the driver of the motor vehicle drinks alcohol and injures another person, it is better to say, then the person who drank with him may not be liable for civil compensation. But here we pay attention to one point, if it is a person who drinks and unilaterally has a traffic accident and hits a tree or a wall, this situation occurs, as these people who eat and drink together, none of them can run, and everyone has to pay.

I have seen many cases of traffic accidents. Because a person drank alcohol and died in a unilateral traffic accident, the people at the same table basically took at least 350,000 yuan each. Some people think that this is a bit wronged, but in fact, it is not wronged at all, because since everyone is friends when they drink together, then you let your friend drive a motor vehicle, which is to treat your friend's life as a child's play.

I was injured in a traffic accident and even lost my life, as people who drank together, since everyone said grandiose words at the wine table. So what's the point of giving up some money?

Through the above situation, have you noticed that you are currently drinking? Everyone must be careful not to persuade alcohol. Some people often desperately persuade others to drink, thinking that this is a bold performance.

If you have this kind of thought, you must never have it again. Everyone'sAlcohol consumptionIt's different, some people may drink two or three glasses and can't stand it. When drinking, everyone must do what they can and do not persuade others to drink.

Some people have a bad problem after drinking, that is, they like to drive a motor vehicle secretly, and they feel that they are more bold, if your friend has this kind of behavior, you should not drink with him, once he has an accident, the unlucky one may be you. In real life, there are actually many people who have suffered a dumb loss, and they don't dare to speak out after they have paid for it. Everyone must remember to drink together, if something happens to someone, they can't run.

Do you think about it, can other people's families let you go?

Accompanying obligations after drinking. If an accident occurs to a drunk person, then you are responsible.

Of course, there is a certain amount of joint and several liability, so we must not advise alcohol in ordinary times, and we should not let drunk people leave alone.

After drinking together, the other person is obviously in a state of intoxication, you need to send the drunk person home, this is the accompanying obligation after you have drunk together, and if the drunk person has an accident, you will be held responsible.

If one person drinks and has an accident, the others are responsible, and this is written into the law. So, if you're drinking with someone else, be sure to take care of everyone who gets drunk.

In this case, other people also need to be responsible, after all, the accident caused by drinking with these people, so everyone is also legally responsible for the accident.

Other people are also responsible, and they have to decide how responsible they are according to the size of the incident.

Legal Analysis: A person who drinks together is liable if the following is present and not liable if he does not exist:

1. Compulsive persuasion of alcohol.

2. Knowing that the other party cannot drink, he still advises him to drink.

3. Failing to escort a drunk person home safely.

4. Drunk driving is not discouraged, resulting in car accidents and other damages.

If you drink together, if you have any of the following circumstances that cause an accident to others, you shall be liable for compensation: 1. Compulsive persuasion; 2. Knowing that the other party cannot drink, he still advises him to drink. 3. Failing to escort a drunk person safely; 4. Drunk driving is not discouraged, resulting in traffic accidents and other damages.

Legal basis: Article 1165 of the Civil Code of the People's Republic of China.

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

Article 3 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases.

Where two or more persons cause harm to others with joint intent or joint negligence, or where there is no joint intent or joint negligence, but the same harmful consequences occur directly in conjunction with their infringing acts, it constitutes joint infringement and shall bear joint and several liability in accordance with article 130 of the General Principles of the Civil Law. Where two or more persons do not have joint intent or joint negligence, but several acts carried out by them indirectly combine to produce the same harmful consequence, they shall each bear corresponding liability for compensation based on the degree of negligence or the proportion of causal force.

1. If the person who drinks has an accident, it is not because of drinking, it is a road that he has encountered, or other accidents, and there is no reason for drinking, so he does not need to bear any responsibility at this time.

2. When they are together, they do not persuade this person to drink, they do not drink alcohol, and they are clearly discouraged from drinking by the other party, and the other party's own decision, at this time, may be a little symbolic compensation, and they will not bear much responsibility.

3. If you drink together, and then persuade you to drink, pour wine, and the other party does not drink, there are too many persuasions to drink, guide drinking, etc., which will be a relatively big responsibility.

And if it has been made clear before drinking, and each party bears the corresponding consequences, it should not be liable, as long as it can be proved that a consensus has been reached before.

If the person who drinks together is legally responsible for the following acts:

1. Compulsive persuasion, such as intentional drinking;

2. Advise drinkers to drink alcohol even though they know that they cannot drink alcohol or are unwell;

3. Failing to escort the drunk person safely after drinking together;

4. Instigating the driver to drink and drive while knowing that he or she is drinking;

Where a citizen infringes upon the person of another person due to fault (intentional or negligence), he shall bear civil liability; Where the victim is at fault for the occurrence of the harm, the infringer's civil liability may be reduced. Where a citizen's body is violated and death is caused, funeral expenses and necessary living expenses for the persons supported by the deceased during his or her lifetime shall be paid.

According to the theory of tort law, there are four elements for the constitution of tort: fault, tort, damage result, and causation. For example, in an ordinary traffic accident, drunk driving of a motor vehicle is the fault, hitting a pedestrian is a tort, and being damaged by a pedestrian is the result of damage, and there is a causal relationship between the tort and the damage result, both of which are indispensable.

As for "fault", the Tort Law is set out in Article 1.

Articles 6 and 7 have clear provisions, which respectively write the principles of fault, presumption of fault, and no-fault attribution. The former applies to general infringement, while the latter two apply to special infringement, and tort liability only exists when the law expressly stipulates that the actor shall be liable.

Drinking alcohol causing death is obviously a general tort, and the principle of fault applies. Legal Provisions: Article 6 of the Tort Law: An actor who infringes upon the civil rights and interests of others due to his fault shall bear tort liability.

Now the law has clearly stipulated that people who drink together must bear a certain amount of responsibility if something happens, and the responsibility is still quite large, so if you drink with friends, you must pay attention not to drink too much, and once you have an accident, you will be legally responsible, and the size of the responsibility will depend on the size of the accident after drinking.

Drinking together without accidents and without any responsibility. If there is an accident due to drinking together, the people who drank together need to bear certain civil liability.

People who drink together, who has something going on.

It's not clear.

You are responsible for traffic accidents.

For specific matters, please consult a local lawyer.

There are generally the following situations of drinking at the same table:

First, the people at the table had all drunk, and they persuaded each other to drink, and then they went away. In this case, the co-seaters were both at fault because they did not dissuade the other members from drinking and did not send the perpetrator home, and both parties were liable for compensation.

Second, the people at the same table have all been drinking, but they have not advised each other to drink, and they have also reminded the drinkers in a timely manner, so the court may award them to bear a small amount of compensation for humanitarian purposes, and the amount is generally not too large.

Thirdly, all the people at the table had drunk, but some of them left the venue halfway through, and they did not persuade them to drink during this period. In this case, the person who leaves the venue in the middle of the event is generally not liable.

Drinking at a banquet seems to be a very ordinary thing in life, but it contains a wealth of legal knowledge. From the above case analysis, it can be seen that in the process of drinking, you should also keep an "eye on it", try not to persuade alcohol, and after finding that your companion is drunk, you must escort it home safely to avoid accidents caused by drinking, so as to reduce or exempt yourself from responsibility.

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The question called me to participate in drinking, and then persuaded me to drink halfway, and then drunk driving had an accident, how to determine responsibility.

Hello, under normal circumstances, if the drinker is drunk and causes an accident, the responsibility lies with himself, and he can't complain about others, but according to the "General Principles of the Civil Law", "Tort Liability Law" and other legal provisions, if the following situations occur, the co-drinker is at fault, and the liability is also according to the degree of fault to bear the corresponding liability for compensation: 1. Compulsive persuasion. It is the act of forcing the other person to drink when drinking, or persuading the other person to drink even when the other party is drunk and unconscious and has no self-control.

There is fault for this kind of behavior, and in the event of an accident, the person who advises the alcoholic is responsible. 2. Knowing that the other party can't drink. If you know the other party's physical condition, but still persuade the other party to drink alcohol to induce illness, you also need to bear fault responsibility.

3. Failure to escort the drunk person safely. If the drinker has lost or is about to lose control over himself, is delirious and unable to control his or her behavior, the drinker does not take the drinker to the hospital or safely return home. 4. Drunk driving is not discouraged, resulting in car accidents and other damages.

The situation you mentioned is exactly the last one, drunk driving has a car accident, you need to bear a certain amount of liability for compensation, and the specific division of responsibility is determined by the traffic police and the police.

The amount of compensation is also divided according to the size of the accident, if it is just a small accident scratch or something like that, it is not a big deal, if there is a hospitalization injury, there is a problem.

Ask the driver to bear the legal responsibility, and how to bear the compensation after completion.

The driver bears the legal responsibility, and how to bear the compensation.

What if you shout at the drinker or persuade the drinker, and do not bear the loss.

The compensation is paid by the driver to pay the main liability, and the alcoholic is advised to pay the secondary liability, and the specific amount of this secondary liability depends on how the traffic police and the police delineate, but it may also be that the alcoholic does not need to be compensated, for example, the responsibility is borne by the drunk driving friend.

If the court does not bear the liability for compensation, it will finally enforce the auction of the fixed assets of the person subject to enforcement.

Do you divide the responsibility for the accident now?

Question: Now the accident center only sentences the driver to bear and detain him, and does not divide the responsibility of the drinker and the drinker!

Then it's none of your business, the driver bears the responsibility, but if the driver comes back and says that you persuaded you to drink and sue you to court, you will still have to bear the responsibility for compensation later. So it's best to appease the other party, so as not to feel wronged in the other party's heart, especially if the other party's wife feels that you drank and sent her husband in to trouble you.

[Legal Analysis].The person who drinks together is liable if the following is present, and not if it is not there:

1. Compulsive persuasion of alcohol.

2. Knowing that the other party cannot drink, he still advises him to drink.

3. Failing to escort a drunk person home safely.

4. Drunk driving is not discouraged, resulting in car accidents and other damages.

[Legal basis].Civil Code of the People's Republic of China Article 1168 Where two or more persons jointly commit tortious acts, causing harm to others, they shall bear joint and several liability.