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Legal Dissemination Channel Hello everyone, today we will present to you and you the topic of what happens when a car driver stops, then opens the door. cars and the sudden opening of the door, making the driver of the motorcycle behind him not able to react and fell onto the road causing a traffic accident.
In such a case, how responsible is the car driver for the motorcyclist who has fallen on the road, this is a very dangerous situation, but in fact, when it happens, there are many cases that have caused accidents. The accident was very serious, even leading to fatal consequences not only for 1 motorcycle but also for many cars behind. Because it was a traffic accident that happened in a continuous sequence, all the people behind were suddenly stunned and did not have time to react and were crashed into each other.
Dear friends, to solve this problem, we first need to quote the basis of the provisions of the road traffic law, specifically account 3, article 18 of the 2018 road traffic law, the driver When stopping or parking vehicles, they must comply with the following regulations: Do not open the car door, leave the car door open or step out of the vehicle without ensuring safe conditions. That's it, friends, according to such road traffic laws, we can immediately determine what the driver is going to do without opening the car door without fully observing the safety conditions that have opened the door and lead to pedestrians. If the motorcycle behind suddenly crashes into the door and falls into the street, the driver of the car is already a traffic violation and of course in this situation, the driver must be handled.
So how to deal with it now? We have to separate 2 cases:
First case: If opening the car door without causing serious consequences, they will be administratively sanctioned for the error of "opening the car door, leaving the car door open is not safe" according to Point G, Clause 2, Article 5 of Decree 46, 2016 of the Government. fine from 300.000 VND to 400.000 VND. Resolution 03/2006/NQ - HDTP dated July 8, 7 of the Judicial Council of the People's Court guiding the application of a number of provisions of the Civil Code on compensation for non-contractual damage, providing for compensation for damage caused by injured health. Infringement is compensated, including:
- Reasonable expenses for rescuing, fostering, restoring health and functions lost or reduced by damage.
- Actual lost or reduced income of the aggrieved person.
- Reasonable costs and actual loss of income for carers of the injured person during the treatment period.
- Compensation for mental loss due to compromised health. Not more than 30 months of the minimum salary prescribed by the state at the time of compensation settlement.
+ 2nd case : If causing serious consequences such as harming the health of 1 to 2 people with an injury rate of 31% or more for each person; Causing property damage valued at between VND 70 million and under VND 500 million... or causing fatal consequences, they may be examined for penal liability for the crime of violating regulations on driving road vehicles. set in Article 202 of the Penal Code 1999 (amended and supplemented in 2009).
Thematic Common Traffic Laws
Accordingly, those who operate land vehicles and violate regulations on road traffic safety, causing loss of life or serious harm to the health and property of others, shall be subject to a fine of from 5 million dong, non-custodial reform for up to 3 years or imprisonment from 6 months to 5 years.
Dear friends, we have finished presenting to you and you with the content that driving a car with an unsafe door open and causing an accident will be handled depending on the case, may be handled. administratively and can handle criminally depending on the extent that harmful consequences occur after opening the door.
