The scene of the incident (pictures provided by netizens) Putian, Southeastern. com, September 2 (our reporter Yang Chaobin) In the early morning of August 29, a serious fatal traffic accident occurred near Dongcheng No. 1, Licheng District, Putian City. A valet driver was hit on the road and then rushed to the hospital for emergency treatment. However, he died due to serious injuries. Southeast Net reporter learned from Licheng District Traffic Police Brigade that at about 5:30 a.m. on August 29, the driver of the accident drove his car along Yanshou Road from Putian No. 4 Middle School to the stadium. When passing the section of Putian Affiliated Hospital on Yanshou Road, he collided with the driver of the second wheel electric vehicle, causing the death of the driver and damage to the vehicle, which was later identified by the judicial authentication institute, The alcohol concentration in the blood sample of the driver involved in the accident was 135 62mg/100ml, drunk driving. At present, the driver who caused the accident has been taken compulsory measures. In response to the incident, the reporter of Southeast Net called the platform of the deceased driver - Yao Driver Car Driving Service Co., Ltd. (hereinafter referred to as "Yao Driver Driving") to confirm that the driver was the company's co driver. According to Lin, the supervisor of the safety team of "Driver Yao", after the accident, the local management personnel of the company immediately rushed to the hospital to visit the injured and informed the family members of the injured. "After the driver's death, the relevant person in charge of the company rushed to Putian in the afternoon to learn about the accident and condole with the family of the deceased." Lin told reporters that the company had purchased the driver's liability insurance for the co driver and would provide humanitarian assistance to the family of the deceased afterwards. At present, the company has paid 50000 yuan in advance to the family to deal with the aftermath, However, the family members have not yet collected it. Lawyers' opinions>> As for the serious traffic accident, lawyer Li Deli from Fujian Juhua Law Firm said that although there was a "cooperation agreement" between the driving agency and the driver, the relationship between the two could not be simply determined by the name of the agreement. According to the agreement of both parties, the valet driver is the valet driver assessed and recognized by the valet driving company, who shall obey the management of the valet driving staff in the course of the valet driving service, and accept the work standard process and work code of conduct of the valet driving company. From the perspective of the valet driver, when he or she is "on duty", he or she has no right to refuse the services assigned by the customer or the valet driver company. From the perspective of the customers of the driving agency, they have no right to choose someone to drive for them after booking the driving agency service through the driving agency. Thirdly, the standard of the service charge of the driving agency is determined and adjusted by the driving agency, and the driver has no right to negotiate with the customer of the driving agency. Considering the selection, management, weak personal attachment and failure to handle social insurance of the driver agency, lawyer Li Deli believes that the relationship between the driver agency and the driver agency is in line with the general characteristics of the employment relationship, which can be considered as an employment relationship. As for whether the substitute driver is engaged in employment activities when a traffic accident occurs, lawyer Li Deli believes that the substitute driver should obey the appointment or instruction of the substitute driving company, including that the substitute driver should follow the instructions of the substitute driving company and engage in the work designated by the substitute driving company at a fixed place during working hours. Or if the driver's behavior exceeds the instructions of the driving agency, but the purpose is to complete the work instructed by the driving agency, it should also be recognized as engaging in employment activities. Relevant regulations>> Article 9 of the Judicial Interpretation on Compensation for Personal Injury stipulates that if an employee causes damage to others in employment activities, the employer shall be liable for compensation; If an employee causes damage to others due to his intention or gross negligence, he shall bear joint and several liability with the employer. If the employer bears joint and several liability for compensation, it may claim compensation from the employee. The first paragraph of Article 11 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 stipulates that the employer shall be liable for compensation if the employee suffers personal injury in employment activities. |
