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This sentence is not light, and the owner of the car is not at fault and should not be subject to criminal punishment. Such a judgment reflects the fairness and impartiality of the law.
After cleaning the water in the underground garage, the cleaners spread woven bags on the passage of the underground garage and lay down on them to sleep. The owner of the car drove home from work, and after entering the underground garage through the automatic recognition of the license plate, he could not see the people lying on the passage at all, so the cleaner was crushed in the process of the vehicle entering the warehouse, resulting in the death of the cleaner. But this owner was not at fault, he was driving normally.
The death of the cleaner can only be an accident and does not constitute a criminal case, so it is in the first instance. Pending the court's finding of innocence and not criminal liability, the owner of the vehicle is not guilty.
Although the owner was eventually acquitted, he has been in custody for 365 days. After this accident, the local ** quickly intervened in the investigation, and the family of the cleaner also filed a lawsuit, asking the court to severely punish the car owner, and also asked the car owner to compensate the family of the new worker. After the trial, the court found that the owner of the car was not guilty, but the responsibility for civil compensation still had to be fulfilled.
After hearing the case, the court held that the man's driving through the garage passage was normal and resulted in the death of the cleaner, and that there was no subjective intentional or negligent act. This man's conduct did not meet the elements of a crime at all, so he did not constitute a crime and did not have to bear criminal responsibility, and the defendant was acquitted in court. However, the court also held that the owner of the car should bear the corresponding civil liability and make appropriate financial compensation to the cleaner's family.
After this accident, the driver was charged with negligence causing death, and then was taken compulsory measures and detained for 365 days, before being released on bail on September 30, 2022. During this period, the driver's family suffered huge financial losses and mental blows, and his family said that after the driver was acquitted, he would apply for state compensation in accordance with the law. However, this incident has also sounded the alarm for many people, and they should also pay attention to safety when driving home, and be sure to observe the road conditions at all times to avoid encountering similar accidents.
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This sentence is indeed a bit light, because of the careless behavior of not observing the road conditions, so it will lead to the death of the cleaning worker, so it is also necessary to bear the corresponding legal responsibility.
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This sentence is a bit too light, and after all, it caused a fatal incident, so it should be further investigated.
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Should the driver be held liable for the death of a cleaner lying on the garage floor and being run over by the driver by mistake. On this issue, it should be analyzed from the following aspects:
1.The cause of the accident.
For such an accident, it is necessary to first understand why the cleaner is lying on the garage floor and why the driver runs over the cleaner by mistake. If the driver runs over the cleaner by mistake due to negligence or other reasons during normal driving, then the driver should bear some responsibility for the accident. However, if the cleaner lies on the garage floor or in someone else's private garage without any precautions or even with a covering on his body, so that people cannot notice his presence, then the driver's liability will be reduced or exempted accordingly.
2.Whether the driver is at fault for his actions.
Regardless of the cause of the accident, it is necessary to consider whether the driver is at fault for his actions. For example, whether the driver noticed the presence of the cleaner during driving, whether he took corresponding preventive measures, etc. If the driver does not take the corresponding prevention and rescue measures, resulting in the cleaner's **, then the driver should bear some responsibility.
3.Provisions of laws and regulations.
According to traffic laws, drivers need to pay attention to pedestrians on the road while driving, and if they find that pedestrians are running a red light or crossing the road, they need to take corresponding measures to avoid accidents. In the same way, drivers should also pay attention to the presence of other people in the garage during driving, and take corresponding measures to reduce the possibility of accidents. If the driver's behavior does not meet the requirements of laws and regulations, then the driver should bear certain legal responsibility.
Based on the above points, the cleaner was crushed and died in the garage, and whether the driver should be held responsible needs to be judged on a case-by-case basis. Regardless of the spine, there is a need to learn lessons and continuously improve the relevant safety system or traffic laws to reduce the incidence of such accidents.
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The cleaner was run over in the garage and died, and the question of whether the driver should be held responsible.
Clause. First, let's take a look at the ins and outs of the matter. When the cleaner Xiao Li was washing the floor in the garage, he was too tired to lie on the floor to rest.
At this time, a driver Jing Chi accidentally drove his car into the garage and inadvertently crushed Xiao Li's body to death.
Clause. 2. Should the driver be held responsible? In my opinion, the question is not so simple. First of all, from a legal point of view, the driver has some responsibility. Because his driving behavior is a violation of traffic rules, that is to say, his fault exists.
Clause. Third, we also need to consider this issue from the perspective of human nature. In this case, the driver was not intentional or negligent about Xiao Li's death, and also made certain compensation and apologies afterwards. Therefore, he also has a certain amount of goodwill and sincerity in it.
Clause. Fourth, both law and morality should attach great importance to the protection of life. We also need to reflect on ourselves through events like this, especially those who drive. Driving safety, bucket demolition is not only for yourself, but also for others.
In the end, this incident tells us that we need to put the protection of lives first. At all times, we should be mindful of our social responsibilities, pay attention to the safety of others, and earnestly abide by public rules and laws and regulations.
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The incident of a cleaner lying in a garage and being run over to death actually involves a lot of issues and responsibilities. If you want to determine whether a driver is responsible, you need to consider a number of factors.
First of all, whether the driver has followed the traffic rules during the driving process. If the driver does not follow the relevant traffic rules or fails to take the necessary safety measures, such as slowing down, paying attention to the surrounding environment, etc., while driving in the garage, the driver should obviously bear some responsibility. This relies on investigators to conduct a detailed survey and analysis of the garage and the situation at the site, based on which an accurate assessment of the driver's behavior can be made.
Second, whether there is a lack of adequate consideration for the safety of the garage. Garages are often places where many people, including cleaners, need to come and go, and garage safety and facilities should be in place. If the garage safety measures are not satisfactory, such as uneven road surfaces, the presence of obstructions, etc., which leads to accidents and therefore prevents the cleaner from being aware of the danger and taking measures to avoid it in time, due consideration should be given to the division of responsibilities.
In addition, the training and safety education of cleaners is an important component, and if necessary, responsibilities in this regard should be assessed.
Finally, is there a problem with the management mechanism behind the incident? If this kind of accident is not an isolated incident, it indicates the defects and loopholes in the relevant management mechanism, such as the enterprise has not established an adequate safety management system or the relevant management personnel lack a sense of responsibility, etc. In this case, the corresponding enterprise or management department should also bear the corresponding responsibility.
In general, when determining whether the driver should be held responsible, it is necessary to comprehensively consider the above factors and make a reasonable judgment. If the driver is indeed negligent, then he needs to bear the corresponding legal responsibility according to the law. If there are other reasons for the occurrence of this incident, then the responsibility should not be borne solely by the driver.
At this time, the relevant enterprises and management departments should take the initiative to take responsibility and take appropriate measures to avoid the occurrence of similar incidents.
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For the incident of the cleaner lying in the garage and being run over to death, whether the driver should be held responsible needs to be judged according to the specific circumstances
1.If the driver does not notice that there is someone in the garage beforehand, and the cleaner does not take the necessary precautions and lies in an abnormal work area, the driver may be less responsible. Because this is an accident that exceeds the driver's reasonable expectations, it is difficult for the driver to foresee and avoid it in advance.
2.However, the driver is obliged to carry out the necessary inspection and monitoring of the garage environment before driving into the garage. If the pioneer should be able to find someone in the garage, but neglect to inspect the accident, then the driver should bear a lot of responsibility.
Drivers have an obligation to prevent traffic accidents.
3.If the cleaner is working in the normal work area with the necessary precautions, the driver's liability for the accident should also be heavier. This indicates that the driver did not pay enough attention to the environment when driving, and the accidental run over incident occurred, and there was a certain amount of fault.
4.Whether the driver has other violations or mistakes in driving is also one of the factors in judging the size of the responsibility. If there is a violation of traffic rules or a misconduct such as drunkenness at the time of the car accident, this will also increase their accident liability.
5.Whether the garage and entrance are equipped with the necessary safety protection facilities and signs are also a reference factor. If the accident occurs in an environment with imperfect facilities, this will also affect the driver's judgment of responsibility.
Therefore, as far as this incident is concerned, whether the driver should be held liable and its magnitude need to be comprehensively judged according to the detailed environment and specific circumstances of the accident. Drivers have the obligation to prevent traffic accidents, and if there is negligence, violation or misoperation, then their accident responsibility should be greater. However, if it is an accident that is difficult to foresee and avoid, then the liability will also be reduced to a certain extent depending on the situation.
This requires further careful investigation by the Xiangge Zen Customs Department to make a comprehensive and appropriate judgment.
It also reminds relevant departments and enterprises that they should strengthen the investment and management of safety protection in special operating environments such as garages to avoid the occurrence of such accidents. As a driver, you also need to improve your safety awareness at all times, pay attention to your surroundings during driving operations, and prevent all kinds of traffic accidents as much as possible.
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Whether the driver should bear full responsibility in this incident also needs to be judged on a case-by-case basis:
1.If the driver is completely unaware of the occupants in the garage at the time of departure, and the garage environment is not bright enough for the driver to actually spot the cleaner lying on the ground, this can be considered a definite degree of negligence. It is the driver's responsibility to ensure the safety of the environment inside and outside the vehicle at the time of departure, and should bear part of the responsibility for this.
2.However, if the garage environment is relatively bright and the cleaner is lying in a position that is in the driver's field of vision, but the driver is not aware of it, this indicates that the driver has failed to exercise due diligence and care. The driver is largely responsible for this gross negligence.
3.In addition, if it can be proved that the cleaner lying in the garage was an accident and was unconscious or unable to act autonomously, the driver's liability for negligence will be further aggravated. This is because it is already an abandonment and non-assistance to the helpless.
4.However, if it can be proved that the cleaner was suicidal and deliberately lay in the garage in an attempt to seek suicide by being run over by a vehicle, the driver's liability will be much less. Because it was an accident and the negligence of the cleaner himself.
5.In addition, the owner of the garage as a workplace should also bear some responsibility for the safety of this incident. Failure to properly monitor the garage will also aggravate the negligence of the entire responsible party.
Therefore, in general, whether the driver should bear full responsibility for negligence in this incident needs to be judged on a case-by-case basis. If it can be proved that the driver failed to exercise due diligence and was not aware of the cleaner's situation, then the driver bears a great deal of responsibility. However, if the cleaner is also negligent and other parties, such as the owner of the garage, fail to fulfill their safety obligations, the responsibility will be reduced and shared in all aspects.
This requires the determination and determination of responsibility based on the specific report of the accident investigation.
Before unilaterally shifting the full responsibility to the driver himself, it is necessary to make a prudent judgment based on the facts. The determination of responsibility should be multifaceted, and it is necessary to comprehensively consider the possible negligence and negligence of all relevant units and individuals in this accident. This involves the determination of social fairness and judicial responsibility.
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Alas, have you heard? There was a heart-wrenching accident recently. A cleaner was lying in the garage resting when he was run over by a car and died.
This news is really indignant and disturbing, after all, life is so precious, and we should do our best to protect the safety of others. But the question is, who is to blame for this tragedy? Should the driver be held responsible?
Let's think about it. First of all, as a driver, he has the responsibility to keep the vehicle safe while driving and to be aware of pedestrians and obstacles on the road. In this case, will the driver be able to detect the cleaner lying in the garage?
This is a key question. If the driver fails to notice or take measures to avoid the impact without reasonable reason while driving, he may be held liable.
Of course, some may argue that it is irrational and dangerous for a cleaner to lie in a garage. They may say that as a cleaner, he should follow the safety regulations and should not lie down and rest in the workplace. There is some truth to this view, after all, we all know that the workplace should be a safe environment and any behavior that could cause an accident should be avoided.
But the question is, even if the cleaner makes a mistake, is it also the driver's responsibility to take appropriate action in such a situation?
On this issue, we need to weigh various factors. Does the driver have enough time and space to avoid impacts? Is the driver driving at a reasonable speed?
Is the driver driving with concentration? All of these factors will have an impact on whether the driver should be held accountable or not.
If you think about it from another angle, if the location of the cleaner lying in the garage is not obvious, or if there are other unforeseen factors in the driver's driving, such as obstructed vision or unexpected situations, can the driver completely avoid this tragedy? We need to take into account the specific circumstances at the time of the accident and whether the driver has a reasonable opportunity and time to take measures to avoid the collision when dealing with this emergency.
In conclusion, this question is not simple, and there is no one definitive answer. Whether or not a driver should be held liable depends on a comprehensive assessment of various factors, including the driver's behavior, the cleaner's behavior, and the circumstances of the accident at the time of the accident. We should base our judgments on facts and evidence, not on subjective bias alone.
Regardless of the outcome, we should value safety awareness and responsibility. As drivers, we should always be vigilant to ensure our own safety and the safety of others. As employers or managers, we should provide safety training and guidance to ensure that employees understand and comply with the relevant safety regulations.
Only by working together can we reduce the occurrence of such tragedies and protect the lives of everyone who talks about their limbs.
Hopefully, this tragedy will draw attention to security issues and how to avoid similar incidents from happening again. Let's work together to create a safer and more harmonious society.
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