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A case of compensation for the death of a pedestrian caused by a man who was driving a colleague home.
[Case Introduction] An air conditioning installer, after finishing his work, drove his own car to take a colleague back to the company, during which he fatally hit a pedestrian. The deceased's family sued both the installer and his company in court, demanding joint compensation. The installer also hoped that the company would bear some responsibility, as he felt that the accident was somewhat related to the company. The court reviewed the case and ultimately ruled that the company was not liable for compensation, and the installer was ordered to pay 540,000 yuan in damages. [Case Analysis] Employee and company as co-defendants, court rules company not liable Zhang, an employee of a company in Rizhao, was responsible for air conditioning installation. On July 22, 2013...
[Case Introduction]
An air conditioning installer, after finishing work, drove his own car to take a colleague back to the unit and accidentally hit a pedestrian, resulting in death. The deceased's family sued the installer and his company in court, demanding joint compensation. The installer also hoped the company would bear some responsibility, as he felt the accident was somewhat related to the company. The court reviewed the case and ultimately ruled that the company was not liable for compensation, and the installer was ordered to pay 540,000 yuan in damages.
[Case Analysis]
The employee and the company were co-defendants, and the court ruled the company was not at fault.
Zhang is an employee of a company in Rizhao, responsible for air conditioning installation. On the evening of July 22, 2013, around 8 PM, after completing the day's installation tasks with a colleague, Zhang drove his own three-wheeled motorcycle to take the colleague back to the company. While driving south on Yanzhou Road in Rizhao, he collided with Chen, who was walking across the road from east to west. Chen was injured and later died after unsuccessful rescue efforts at the hospital.
After an investigation by the traffic police, Zhang was found to be primarily responsible for the accident. Following the incident, Chen's family sued Zhang and his company in court, seeking joint compensation.
[Case Outcome]
The first-instance court found that Zhang was the actual owner of the three-wheeled motorcycle, which was not insured for mandatory liability. When the company dispatched installation personnel to perform air conditioning tasks, it did not arrange company vehicles and did not manage the vehicles owned by the installation personnel. The company had regulations regarding working hours but made no requirements for off-duty hours, allowing installation personnel to arrange their own schedules after completing their tasks. Therefore, the first-instance court concluded that the company should not bear compensation responsibility for Zhang's tortious act, and ruled that Zhang should compensate Chen's relatives a total of 540,000 yuan for their losses.
Lawyer Zhang from Taizhou learned that Zhang was dissatisfied with the original judgment and appealed to the Rizhao Intermediate People's Court, which recently rejected Zhang's appeal and upheld the original ruling.
[Relevant Regulations]
Since the company cannot compensate, can Zhang apply for work-related injury benefits? The judge explained that according to Article 14 of the "Work Injury Insurance Regulations", "If an employee is injured in a traffic accident or urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to and from work, it can be recognized as a work-related injury." The legislation on work-related injuries is to ensure that employees who suffer injuries from accidents or occupational diseases due to work receive medical treatment and economic compensation. According to the 2014 "Supreme People's Court's Provisions on Several Issues Concerning the Trial of Administrative Cases of Work Injury Insurance", in this case, it was not Zhang who was injured, but Zhang caused injury to others, and based on this provision, even if Zhang were injured, he could not be recognized as a work-related injury due to his primary responsibility for the accident.
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