According to lawyers, pedestrians who cross the street without looking, causing traffic accidents that result in death, can be prosecuted.
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The tractor-trailer avoided a woman walking across the road, leading to a tragic accident (Photo cut from clip). |
As reported, at around 7:30 a.m. on July 23, at the gate of Le Dinh Chinh Primary School, Village 7, Nhan Co Commune (Dak R'lap District, Dak Nong Province), a woman wearing a blue shirt was walking and, due to lack of observation, suddenly crossed National Highway 14.
To avoid this woman, a tractor-trailer from behind had to swerve into the opposite lane to avoid her. The tractor-trailer lost control and hit a car that was stopped on the side of the road, killing Ms. P. who was standing next to it. The accident also caused severe damage to the tractor-trailer and the car.
In the above situation, should the person crossing the street be held responsible?
Lawyer Tran Xuan Tien, Head of Dong Doi Law Office ( Hanoi Bar Association) said that the current Road Traffic Law has very clear regulations on pedestrians' participation in traffic.
Accordingly, when crossing a street without traffic lights, pedestrian crossings, overpasses, or tunnels, pedestrians must observe oncoming vehicles, only cross the street when it is safe, and are responsible for ensuring safety when crossing the street (Article 32 of the 2008 Road Traffic Law).
In this case, the accident occurred due to the fault of the woman crossing the street (she did not observe when crossing the street, causing the tractor-trailer to swerve to avoid it but unfortunately crashed into the car, causing 1 death). Therefore, it is necessary to consider the responsibility of this woman.
Accordingly, Article 260 of the 2015 Penal Code, amended and supplemented in 2017, is no longer limited to vehicle drivers, but has been expanded to include traffic participants, including pedestrians.
Therefore, if the competent authority has an official conclusion on determining: pedestrians crossing the street without observing, not complying with traffic laws causing traffic accidents resulting in death; causing property damage from 100,000,000 VND to under 500,000,000 VND... then they can be prosecuted for criminal liability for the Crime of violating regulations on road traffic participation according to the provisions of Clause 1, Article 260 of the current Penal Code with a fine from 30,000,000 VND to 100,000,000 VND, non-custodial reform for up to 03 years or imprisonment from 01 year to 05 years. The penalty will vary depending on the nature, level and consequences of the illegal act.
In addition, the woman must be jointly responsible for compensating for property damage to the owner of the tractor-trailer and the car and for compensation for the loss of life to the family of Ms. P. - the victim, according to the provisions of Articles 589 and 591 of the 2015 Civil Code.
(BGDT) - The rapid development of the road transport system has created a driving force for socio-economic development and attracted investment, but it has also revealed shortcomings. Many areas have not been completed or have traffic conflicts, creating "black spots" of accidents that need to be urgently addressed.
According to Dan Tri
Indirect crossing, causing an accident, criminal liability, pedestrian breaking the law
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