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Grandma carrying her grandson was hit by a car, I think the elderly riding a bicycle can not be one-size-fits-all, it depends on the specific situation of each elderly person, and then it depends on whether to ride on the road, the family is also to timely supervise the health of the elderly at home, can not say that the child is directly let the elderly with it, the future is unpredictable.
1 The physical condition of each elderly person is also different.
An old man in our community is over 70 years old, his body is still very tough, he rides his bike to buy vegetables every day, and then he has time to exercise downstairs, and ordinary people simply can't see that this old man is over 70 years old, but some old people are different, that is, they obviously feel that their physical condition is not very good, these old people just can't go out by themselves, and they need someone to take care of them at all times, let alone take care of their children. <>
2 Families cannot directly leave their children in the care of the elderly.
Some people just want to save themselves some trouble, and then they can have more time to earn money, but the elderly are not necessarily able to take care of these children, their age is also very large, sometimes it will be a little difficult to take care of children, and there may even be accidents, and the consequences are unimaginable. <>
3 Take good care of the elderly.
After the old man is older, there is a decline in various abilities, to always pay attention to the physical condition of the elderly at home, can not go out by themselves, do not let the old people go out by themselves, because you don't know what dangers the old people will encounter outside, so you still have to pay attention to these problems at all times, otherwise there is no way to recover the problem when the time comes, or take care of your old people in time. <>
The elderly themselves belong to the vulnerable group. Everyone also needs to take good care of these elderly people, otherwise it is easy to encounter a lot of problems.
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Grandma carrying her grandson was hit by a car, so it seems that it is better for the elderly to ride less in this matter, because no one knows what will happen on the road.
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There are so many elderly people in the society, and it is unlikely that you can let them all not ride, which has nothing to do with whether they should ride or not, whether young or old people must have a sense of safety, and be careful when driving and riding.
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I don't think the elderly should ride a bike, after all, they are old and some of the muscles of the body have been damaged and are not suitable for cycling.
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It is possible to ride a bike. However, when riding a bicycle, you must obey the traffic rules and pay attention to your personal safety. Many elderly people have degraded their ability to react, and the car can be ridden, but you must pay attention to safety.
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Seniors can ride bicycles, but they need to ride according to their physical condition and follow the traffic rules.
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Legal analysis: and other traffic police departments to issue accident identification. If, as you said, during normal riding, the old man falls on your car by himself, you are not responsible, it is possible that this old man or old lady is touching porcelain.
Legal basis: "Criminal Law of the People's Republic of China" Article 133 Whoever violates the laws and regulations on the administration of transportation, thereby causing a major accident that causes serious injury or death to a person or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and escapes after causing a transportation accident or there are other particularly heinous circumstances, and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and where the escape causes death, he shall be sentenced to fixed-term imprisonment of not less than seven years.
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Legal analysis: It is recommended to call the police to deal with it, and then the traffic police will divide the responsibility according to the scene, and pay the corresponding compensation according to the responsibility determination letter presented by the traffic police, and the specific amount involved also needs to be combined with the actual situation.
Legal basis: "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" Article 17: Where a victim suffers personal injury, the compensation obligor shall compensate for all expenses incurred due to medical treatment** and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses. If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.
Where the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, lodging expenses, and lost work expenses incurred by the victim's relatives in handling funeral matters.
Provisions on Procedures for Handling Road Traffic Accidents》 Article 60 The traffic management department of the public security organ shall determine the responsibility of the parties according to the role played by the parties' actions in the occurrence of road traffic accidents and the severity of the faults.
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) If a road traffic accident occurs due to the fault of two or more parties, according to the effect of their actions on the accident and the severity of the fault, they shall bear the primary responsibility - equal responsibility and secondary responsibility;
3) None of the parties is at fault for causing the road traffic accident, and if it is a traffic accident, none of the parties is liable. If one party intentionally causes a road traffic accident, the other party is not liable.
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Whether compensation is required, mainly depends on the traffic police department to make the "accident identification", if the certificate is found to be responsible, then it must be compensated according to the corresponding proportion (exception: motor vehicle and pedestrian collision, motor vehicle party is not responsible for the liability of less than 10% of the compensation). For example, the owner of the car lends the car to a person who does not have a driver's license or is not suitable for driving, the driver is an employee of the company, the vehicle is attached to the unit, etc., and these circumstances need to be jointly and severally liable for the accident.
There are 15 compensation items involved in traffic accidents: medical expenses, lost work expenses, nursing expenses, hospital meal subsidies, medical expenses, plastic surgery expenses, follow-up expenses, nutrition expenses, disability compensation, disability assistive device expenses, accommodation expenses, transportation expenses, living expenses of dependents, mental damages, and other property damage expenses. However, each compensation item needs to be supported by corresponding evidence.
Because you have given very little information, I cannot give you a definitive conclusion, but if your situation meets one of the following conditions, it is very likely that it will be recognized as a work-related injury. However, the final conclusion still needs to be professionally determined by the labor department. The Regulations on Work-related Injury Insurance stipulate that there are seven statutory circumstances under which work-related injuries are determined:
1) Injured in an accident during working hours and in the workplace due to work-related reasons; (2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours; (3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties; (4) Suffering from a job vacancy and karma disease; (5) During the period of regret due to lack of work outside work, the person is injured due to work reasons or the whereabouts of the accident are unknown; (6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which he or she is not primarily responsible while commuting to or from work; (7) Other circumstances that shall be recognized as work-related injuries as provided by laws and administrative regulations. The process of handling work-related injuries is as follows: work-related injury identification - work-related injury identification - work-related injury compensation.
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Here's how to deal with a child riding a bicycle and hitting an elderly person:
1. Stop the car immediately and check if the elderly are injured. If an elderly person is injured, they should immediately call 120 emergency services** and call the police;
2. In the process of waiting for the arrival of emergency and police, stay calm, do not easily admit responsibility, and do not be arbitrary;
3. After waiting for the arrival of the police, provide relevant information and evidence according to the requirements of the police;
4. If the elderly are injured in the accident, they should contact the insurance company in time for claim processing;
5. For the safety of children, parents need to check whether their children wear safety helmets, whether they obey traffic rules, etc., and provide timely education and guidance.
The process of prosecuting a traffic accident is as follows:
1. Obtain copies of driver's licenses, driving licenses, and insurance certificates from the traffic police team, and obtain the basic information of the unit from the Industrial and Commercial Bureau;
2. Prepare civil complaints and submit them to the case filing division of the court with jurisdiction;
3. If the court files the case for review and meets the conditions for filing the case, the parties shall be notified to pay the litigation fee within 7 days, and the case shall be filed after paying the fee.
To sum up, according to the regulations, motorists should respect the safety of pedestrians when driving on the road, maintain a safe distance, and avoid traffic accidents. If the child's behavior violates traffic rules, such as running a red light, driving in the wrong direction, etc., then there may be corresponding legal liability. Therefore, in the event of a similar situation, it is advisable to take timely measures and comply with relevant laws and regulations.
Legal basis]:
Article 6 of the Measures for the Handling of Road Traffic Accidents.
According to the degree and amount of personal or property damage, traffic accidents are divided into minor accidents, general accidents, major accidents and major accidents. Specific standards are formulated by the Ministry of Public Security.
Article 18. Traffic accident liability is divided into full liability, primary liability, equal liability, and secondary liability.
Article 19. If a traffic accident is caused by the violation of rules by one party, the party who has violated the rules shall bear full responsibility, and the other party shall not be liable for the traffic accident.
If the violations of the two parties jointly cause a traffic accident, the party that plays a major role in the traffic accident shall bear primary responsibility, and the other party shall bear secondary responsibility; If the violation plays an almost equal role in the traffic accident, the two parties bear equal responsibility.
Where the violations of the three or more parties jointly cause a traffic accident, the responsibility shall be divided according to the role of each party's violation in the traffic accident.
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Summary. Hello: I am honored to serve you, the elderly ride a bicycle and hit someone's wife is not responsible. The responsibility belongs to the parties, and has nothing to do with the wife, and if the traffic accident is caused by the fault of one of the parties, the parties bear full responsibility.
Hello: I am honored to serve you, the elderly ride a bicycle to hit people and the old errand has no responsibility. The responsibility belongs to the parties, and has nothing to do with the wife, and if the traffic accident is caused by the mistake of one of the parties, the parties shall bear full responsibility.
Hello, under normal circumstances, if you are not satisfied with the division of traffic responsibility, there are the following ways to protect your rights: you can first file an application for review within three days of the issuance of the responsibility determination, and if you are still not satisfied with the review results, you can file an administrative lawsuit. It is also possible to file an administrative lawsuit directly.
Hello, according to China's Civil Code: if the actor infringes blindly and falsely harms the civil rights and interests of others due to his fault, he shall bear tort liability. Where it is presumed that the perpetrator is at fault in accordance with the provisions of law, and he can prove that he is not at fault if he does not burn the fire, he shall bear tort liability.
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If a child is hit by a car while running on the road, the responsibilities are divided as follows:
1. If the child is not at fault, the driver of the car shall bear full responsibility;
2. If the child is also at fault, the primary and secondary responsibilities of both parties will be divided according to the proportion of fault of both parties;
3. If the child is at fault and the car driver is not at fault at all, the car driver shall bear no more than 10% of the responsibility.
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When I drove into the grandmother and fell, the grandmother said that it was okay to tell you to go, if you were held accountable later, would you be responsible? There should still be responsibility. After all, the old man is old.
Maybe I didn't know it hurt when I was stressing at the time. It will take a while before I feel the pain. If he wants his family to trouble you, he still finds the top.
It's better to take your grandmother to the hospital for a check-up. Although he agreed to let you go, you know. Maybe that's not what he said later when he got you in trouble.
So the safest situation is to go to the hospital to have a look, after all, people are old, this is also what should be done.
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There are still a lot of kind-hearted people in this society now, and not all of them will play porcelain, so if you fall down, and he says it's okay, I should be true, and there is nothing to do, even if it is investigated later, you will pay for the medical expenses, and there will be no legal responsibility, because you didn't hit and run, you just didn't say that you dumped her, just run away in the future.
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It's best to go to the hospital for a check-up, and at the same time report the case to the traffic police out of the scene, so that at least you have gone through the procedure, because the old man was fine at the time, but in case of an accident after returning home, you may not be able to explain the situation at that time! It's not impossible to say that you hit and run, and you may really be legally responsible when the time comes!
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It's hard to say that if the grandmother is fine, people won't chase you, and if there is something and remember your car number to find you, you will have financial responsibility, or legal responsibility.
Grandma took her grandson, and the grandson accidentally damaged the grandmother's retina, which should not be covered by medical insurance, and it can only be reimbursed if you have accident insurance.
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If it is a violation of the law, whether it constitutes a crime depends on whether the circumstances are serious or not. All persons are equal before the law and cannot be mitigated or immune from the punishment of the law because of their age. We respect virtuous old men.