Who is responsible for the accident?, Shared electric vehicle without helmet safety | Company | Electric vehicle
Currently, shared electric bicycles provide convenience for people's travel and have become a popular choice for short distance travel. According to the law, driving and riding an electric vehicle requires wearing a safety helmet. Who should be held responsible when consumers rent shared electric vehicles without helmets for use and accidentally get injured?
Xiao Liu rented a shared electric vehicle from Company A on a certain online platform. During cycling, Xiao Liu suffered a scalp tear due to a vehicle overturning and was taken to the hospital for treatment. Xiao Liu believes that the shared electric vehicle he rented was not equipped with a safety helmet, not registered and registered, and did not meet national standards. The network platform company and Company A were at fault in this accident and should be liable for compensation for their losses. Xiao Liu filed a lawsuit with the People's Court of Huishan District, Wuxi City, Jiangsu Province, demanding that the two companies compensate for losses of over 46000 yuan, including medical expenses, nutrition expenses, and nursing expenses.
The focus of controversy in this case is whether and how the network platform company and Company A bear responsibility. "This is a health rights dispute case, and wearing a safety helmet while driving an electric vehicle is not only a mandatory requirement, but also an inevitable requirement for safe driving. However, for the public, it is impossible to require them to wear a safety helmet anytime and anywhere." Gu Zhengyang, a judge of the Civil First Court of Huishan District People's Court in Wuxi, said that according to relevant provisions of the Consumer Rights Protection Law, operators should ensure that the goods or services they provide meet the requirements for ensuring personal and property safety. Therefore, it is essential to equip electric vehicles with helmets for operation. Therefore, Company A is at fault and should bear tort liability.
For platform operators, the E-commerce Law stipulates that "if an e-commerce platform operator knows or should know that the goods sold or services provided by the operator on the platform do not meet the requirements for safeguarding personal and property safety, or if there are other actions that infringe on the legitimate rights and interests of consumers and do not take necessary measures, they shall bear joint and several liability with the operator on the platform in accordance with the law." "As a platform operator, a network platform company has the obligation to provide operational guidance and management, and should review whether the vehicles provided by Company A meet the requirements for safeguarding personal and property safety. However, if the network platform company fails to fulfill its audit obligation and does not take necessary measures, it shall bear joint and several liability for related losses." Gu Zhengyang said.
Not only green travel, but also safe travel. In this case, Xiao Liu knowingly rented and drove the vehicle without a helmet or license plate, and failed to fulfill his safety precautions during the driving process. The court determined that his own fault was the main cause of the accident, and Xiao Liu should bear the main responsibility for his own damage. In the end, the court ruled that Xiaoliu should bear 70% of the responsibility for his losses, Company A should bear 30% of the compensation responsibility for Xiaoliu's losses, and Network Platform Company should bear joint and several liability. At present, the judgment has taken legal effect.
The judge reminded that relevant enterprises should consciously optimize their services, strive to provide green and safe cycling services to the public, and assist in the green and low-carbon development of cities; Shared electric vehicle renters should carefully check the condition of their vehicles before cycling and pay attention to their own safety during cycling.
"Starting from the general principle that operators have the obligation to ensure personal safety of their products, this case's judgment demonstrates the contractual obligation of shared electric vehicle providers to configure safety helmets, and based on this, delineates the legal responsibility boundaries between consumers, operators, and sharing platforms." Professor Zeng Dapeng from East China University of Political Science and Law stated that this case's judgment has a positive role in regulating the shared electric vehicle market, correctly understanding and applying relevant laws and regulations.
