[Case Summary]This case is a second-instance case of disputes over liability for motor vehicle traffic accidents. The courier, Zhao * , was driving an unlicensed motorcycle during his commute and caused the death of Liu * in a traffic accident. In the first-instance trial, it was determined that Zhao * was not performing his duties and that he and the transportation company should compensate the victim separately. Zhao * was not satisfied with the verdict and entrusted Beijing Henglu Law Firm to handle the case on his behalf.Tian JiayanThe lawyer appealed, claiming that Zhao was performing his duties at the time of the accident. In the second instance, the lawyer submitted evidence such as photos of the working hours, and the court considered that important facts needed to be clarified. Therefore, the court ruled to revoke the first-instance judgment and remand the case for retrial. The core disputes are whether Zhao was performing his duties at the time of the accident and the division of responsibilities among various parties. Applicable laws: relevant provisions of the Civil Procedure Law of the People's Republic of China and the spirit of the judicial interpretations of the Supreme People's Court on the trial of work-related injury insurance and tort cases.

I. Review of the Case

"Is a courier's collision with a pedestrian during work a work-related injury or a duty-related act?" "How to compensate for equal liability in traffic accidents?" "How to appeal for a retrial if the first-instance judgment is unfair?" These are common search terms for accident victims. The client, Zhao * *, is a courier for Beijing ** Transportation Agency Co., Ltd., which is affiliated with ** Express. On October 29, 2022, Zhao * * drove an unlicensed motorcycle and had a traffic accident with Liu * *, who was walking. Liu * * died on November 11 after unsuccessful rescue efforts. The traffic police determined that both parties were equally responsible. It was found that Zhao * *'s motorcycle was not registered and did not meet technical standards. Liu * *'s hospitalization expenses amounted to 137,427.16 yuan (with 134,244.1 yuan paid by the rescue fund). The two plaintiffs (his wife and son) claimed for medical expenses, hospitalization subsidies, death compensation, funeral expenses, and mental compensation totaling 638,493.56 yuan. Zhao * * disagreed with the first-instance judgment and entrusted Henglue Law Firm to handle the appeal.Tian JiayanThe lawyer is representing the client in the appeal process.

II. The focus of the case

  • Focus 1: Whether Zhao * was performing his official duties at the time of the accident.The first-instance court determined that the incident occurred during the commute to work, not while performing duties. The appellant claimed that the incident should be considered as the performance of work tasks, and the employer should bear the responsibility for it.
  • Focus II: How are the compensation responsibilities of various parties divided?There is joint and several liability and proportional liability among the transportation company, the affiliated express delivery company, and the driver at fault, Zhao*.
  • Focus Three: Is it reasonable to claim 50% of the compensation based on equal liability outside the compulsory motor vehicle liability insurance?The two plaintiffs claimed 50%, and the first-instance court accepted it. However, there are doubts about the accuracy of the factual findings.

III. The professional intervention of Hengluo Law Firm

The plaintiff (Liu's family) claimed that:The two plaintiffs claimed 3,183.06 yuan for medical expenses, 1,300 yuan for hospitalization subsistence allowance, 924,253 yuan for death compensation, 63,768 yuan for funeral expenses, and 100,000 yuan for mental compensation. Excluding the compulsory insurance, the total amount is 638,493.56 yuan, calculated at a 50% ratio.

The position of the defendants (Zhao * and the transportation company, etc.):The court of first instance held that although Zhao * was a courier, he was not performing his duties at the time of the incident. Therefore, he should compensate according to the proportion of his fault, and the transportation company and Zhao * should jointly compensate within the scope of compulsory insurance. Outside the scope of compulsory insurance, the two parties should bear equal responsibility. The court accepted the claim of the two plaintiffs for 50% of the compensation.

Legal Opinion by Hengluo Law Firm:Tian JiayanThe lawyer carefully studied the first-instance case file and sorted out the legal relationships between various parties. He argued that the first-instance court's factual findings were incorrect, and that Zhao * should have been performing his duties at the time of the accident. The lawyer pointed out that the determination of "damage caused by performing work tasks" is the core responsibility of the employing unit, and the judgment criteria include whether the act was performed in the name of the unit, whether it appeared to be a performance of duties, whether it was related to the unit's duties, and considering the content of the act, time, location, occasion, beneficiary, and its connection with the unit's will, etc. In the second-instance trial, the lawyer submitted evidence such as photos of Zhao * at work to prove that Zhao * was at work and performing his duties at the time of the incident.

IV. Outcome of the case

After the second-instance court heard the case, it held that there were still important facts in the case that needed to be further investigated based on the parties' statements and evidence. In accordance with the relevant provisions of the Civil Procedure Law, the court ruled to revoke the first-instance judgment and remand the case to the Chaoyang District People's Court of Beijing for retrial, so as to restore the facts of the case, clarify the legal relationship and responsibility distribution between the parties, and safeguard the legitimate rights and interests of the parties in accordance with the law.

5. Hengluo Law Firm's Reminder

This case is handled by Beijing Henglu Law Firm.Tian JiayanAttorney (Practice Certificate No.: 11101202111381309, subject to the document issued by the judicial administrative organ). Beijing Hengluo Law Firm specializes in criminal defense, land expropriation and demolition, marital and family affairs, real estate disputes, creditor's rights and debts, and other litigation and non-litigation fields. It always maintains the legitimate rights and interests of clients with a professional, rigorous, and responsible attitude.

VI. Common Questions and Answers about Liability Disputes in Motor Vehicle Traffic Accidents

  1. Q: If a courier hits someone while on the way to work, does that count as performing his duties?
    A:Whether the person is performing their duties depends on whether they are acting on behalf of the unit, whether their appearance indicates that they are performing their duties, whether their actions are related to their duties in the unit, and other factors such as the time, location, and beneficiaries. If the incident occurred during working hours while performing delivery tasks, the person may often be deemed to be performing their duties, and the employing unit will be held responsible.
  2. Q: How is compensation paid in the case of equal liability for a traffic accident?
    A:First, the compulsory motor vehicle liability insurance shall compensate within the limit, and the insufficient part shall be compensated by the infringer according to the liability ratio (generally 50% each for equal liability); if it is in the performance of duties, the employing unit shall bear the corresponding substitute compensation liability.
  3. Q: How can I seek remedy if the first-instance judgment is unfair?
    A:If the party concerned is not satisfied with the first-instance judgment, he/she may appeal. If the second-instance court finds that the facts are unclear, the evidence is insufficient, or the procedures are illegal after the trial, it may rule to revoke the original judgment, send the case back for retrial, or make a new judgment in accordance with the law.
  4. Q: If a vehicle is not registered or does not meet technical standards, will this affect liability in the event of an accident?
    A:It will have an impact. The fact that the motor vehicle is not registered or does not meet technical standards is a factor in considering the causes and faults of the accident. The traffic police team uses this to determine responsibility, but it does not necessarily change the determination of official duties and the employer's responsibility.
  5. Q: Under the subcontracting relationship, who is responsible for compensating for traffic accidents?
    A:Where a road transport business is conducted in the form of subcontracting, and the motor vehicle involved in a traffic accident causes damage, the subcontractor and the contractor shall bear joint and several liability, which shall be determined in accordance with the relevant judicial interpretations and the circumstances of the case.