-
Anonymous users2024-02-16If you have a car accident while drinking together, are you jointly and severally responsible?It depends on what happened. The two drank together.
After drinking, drive on. Then it led to the car accident happening. Then the person driving the car is responsible.
Those who ride in the car are also responsible for the corresponding responsibilities. Because they are all adults, they know that drunk driving is not allowed. It's illegal, but you still have to ride.
That's the responsibility that comes with that. Another driver. Drunk driving vehicle and who got into an accident.
So it all depends on the specific process. You have to describe the specific accident clearly. Then I can help you analyze.
Who is responsible? Who is not responsible?
-
Anonymous users2024-02-15Drinking should be principled, not forced, once it causes serious consequences, it is irreversible.
The common situations in which you need to be held responsible for the consequences of drinking together are roughly summarized into the following four types:
1. Deliberately pouring alcohol and persuading alcohol.
Those who persuade or drink clearly know or should know that others cannot drink alcohol due to physical illness, or that the person who drinks with them has clearly stated that they cannot continue drinking due to the limit of alcohol consumption or their physical condition, or that there is sufficient evidence to prove that a person who is a co-drinker cannot continue to drink, but still persuades or persuades others against their will, has the intention or gross negligence to harm the health of others. In this case, it should be determined that there is subjective fault, and according to the relevant laws and regulations, the person who pours alcohol or forcibly persuades him to drink shall bear the main liability for compensation.
2. Indulgent drinking.
If a drinker knows that the person drinking with him suffers from a certain disease or has a limited amount of alcohol or discovers an adverse reaction after drinking and knows other adverse consequences (such as drunk driving), but does not discourage and drink with him, according to the relevant laws and regulations, the drinker shall be ordered to bear the legal responsibility of more than 1 3 compensation according to different circumstances.
3. Non-bailout.
Due to the existence of a "drinking agreement" between drinking friends, not only have the two parties reached a tacit understanding of drinking together, but from the perspective of cybernetics and information dissemination principles, they have legal and moral obligations such as timely notification, timely assistance and rescue after discovering adverse reactions. According to 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 are not jointly negligent, but several acts carried out by them indirectly combine to produce the same harmful consequence, they shall each bear the corresponding liability for compensation according to the magnitude of the fault or the proportion of the causal force, and shall bear the civil liability for compensation equivalent to their negligent acts."
4. Neither party is at fault.
If the drinker discourages him or the drinker does not know about his or her condition, and the person being advised believes that drinking a small amount of alcohol is not dangerous, the drinker may be ordered to bear appropriate liability for compensation on the basis of the equitable duty.
-
Anonymous users2024-02-14If you get into a car accident while drinking together, the person who drinks together is jointly and severally liable for the accident that caused it. If you are forced to drink, if you persuade the other party to drink even though you know that the other party cannot drink, if you fail to escort the drunk person home safely, or if you do not dissuade yourself from driving under the influence of alcohol, resulting in a car accident or other damages, the friends who drank together should also be liable for the losses caused by the accident.
Legal basis] Article 1165 of the Civil Code of the People's Republic of China: Where an actor infringes upon the civil rights and interests of others due to his fault and causes harm, 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 1168.
Where two or more persons jointly commit tortious acts, causing harm to others, they shall bear joint and several liability.
As a driver, he should know the truth of not driving when drinking, and not drinking when driving. This is his personal non-compliance with traffic rules, and he is solely responsible. There is no responsibility for drinking with him.
Personally, I think:
Clause. 1. Regarding the question you raised, according to my understanding, it is like this: many friends eat together, in the process of eating, there are mutual toasts and drinking behaviors, after the meal, one of them died due to a drunk driving accident, do you want to know whether these people who eat together are responsible? >>>More
Thinking about things that have nothing to do with you is a waste of brain cells.
Other people who eat and drink together are responsible. The responsibility of the deceased is the main one, knowing that he is drunk and cannot drive but committing the act increases his own risk, and the person who drinks with him has the obligation to stop but dissuade the obligation, and bears secondary liability, and the person who drinks with him is only liable for civil compensation at this time. >>>More
It stands to reason that you can't, but if you break up with your girlfriend, why hasn't she found her other half yet? Everyone is in China, they have to be people, I think you can't blame all the mistakes at the beginning, but your girlfriend is thin, she should find her other half, you persuade her like this, you must do your own right.