Welcome to the law dissemination channel, ladies and gentlemen, today we will present to you and you the topic of what a car driver is stopping when stopping, then opening the door. cars and the sudden door opening process, making the motorcyclist behind him unable to react and fell to the road causing a traffic accident.
In such a case, how is the driver responsible for the motorcyclist who has fallen onto the road, this is a very dangerous situation, in fact, when many events have caused the accident? The accident is very serious, even leading to fatal consequences not only for 1 motorbike but also for many cars behind. Because the traffic accident happened in a chain, all the people behind were suddenly unable to react and crashed into each other.
Ladies and gentlemen, to solve this problem, we first cite the ground according to the provisions of the road traffic law, namely account 3, Article 18 of the road traffic law in 2018, the operator means when stopping or parking vehicles must comply with the following regulations: Do not open car doors, leave the car doors open or get off the vehicle when safety conditions are not assured. If you follow the rules of the road traffic rules, we can immediately identify the fact that the driver is going but the door is open, failing to fully observe the safety conditions that have opened the door and leading to the person going. behind a motorcycle that suddenly hits a door and falls into the road is driving a car who has committed a traffic violation and of course the situation is that a driver must be dealt with.
Then how to handle it now? We have to split into 2 cases:
+ The first case: If the opening of the car door has not yet caused serious consequences, the administrative sanction shall be imposed for the error of "opening the car door, leaving the car door open unsafe" according to Point G, Clause 2, Article 5 of Decree 46 of 2016 on the same level. A fine of from VND 300,000 to VND 400,000. Resolution No. 03/2006 / NQ - HDTP dated July 8, 2016 of the SPCJC Council guiding the application of a number of provisions of the Civil Code on compensation for non-contractual damages stipulating the compensation for damage caused by health infringement is compensated, including:
- Reasonable expenses for saving, fostering, restoring health and function are lost or reduced to damage of the person damaged.
- Actual income lost or reduced by the person affected.
- Reasonable expenses and the actual income lost for the caregivers of the victims during the treatment period.
- The amount of money to compensate for mental damage caused by the violated health. Maximum of 30 months of minimum salary stipulated by the State at the time of settlement of compensation.
+ Case 2 : If causing serious consequences such as harming the health of 1 to 2 people with an infirmity rate of 31% or more; Causing damage to property valued at between VND 70 million and under VND 500 million ... or causing fatal consequences, may be examined for penal liability for violations of the regulations on control of road vehicles. set in Article 202 of the 1999 Penal Code (amended and supplemented in 2009).
Thematic Common Traffic Law
Accordingly, any person driving a road vehicle that violates the road traffic safety regulations, causing damage to life or serious damage to the health and property of others, shall be subject to a fine of VND 5 million, non-custodial reform for up to 3 years or a prison term of between 6 months and 5 years.
Ladies and gentlemen, we have finished the presentation with you and the content is that driving a car that opens without safety and causing an accident will be handled, depending on the circumstances and possibly handled. administrative and criminally punishable depending on the extent to which the adverse effects occur after opening.