Xinhua Shenyang, January 22 (Reporter Fan Chunsheng), Liaoning Province, the case of two boys killed by a train recently in Dalian Railway Transport Court for sentencing. The court found that the train driver was driving on the line in the case did not take timely measures to stop the brake, in violation of traffic rules to measure improper tragedy, for the first trial sentenced to Shenyang Railway Bureau, 70% negative liability for the accident, Total compensation to the families of two boys more than 70 million.
2010 年 6 月 5 pm, Shenyang Railway Bureau belongs to a freight train bound from Dalian Jinzhou Port Arthur. At 1450 hours the day promised, this column leather freight train passing through town to Fort Yingchengzi a railway bridge between the station when the railway is running on two men, aged 9 years and 11-year-old boy killed.
After the incident, accident investigation team composed of relevant aspects, identified the two boys illegal access to the railway transport safety protection zone, is the direct cause of the accident from the dead and their guardians should bear the entire accident responsibility. Families of two boys do not accept this conclusion. The railway sector in a number of unsuccessful negotiations with the case, will report to the Shenyang Railway Bureau, Dalian Railway Transport Court, demanded compensation.
August and December last year, Dalian Railway Transport Court hearing the case twice. During the trial, the court also the scene for a site inspection, according to the inquest transcripts and field photos, combined with the Vice-class train driver's statements and monitoring records,[url=http://www.uggclearanceuks.com]UGG Clearance Sale[/url], to the recognition of class drivers, about 200 meters away from the boys to see . The
court held that the train driver involved in the discovery of a child on the line when the first whistle warning, after reaching near the emergency brake when the measures, in violation of traffic rules to take inappropriate measures. Thus, the defendant did not comply fully with security, alerts and other obligations, should bear the primary responsibility. The Department of the deceased person without civil capacity, in the home there are other path to follow in the case, but the railway line running vertically, resulting in personal injury, and guardian of its own but also should bear some responsibility. To this end, identification of the original defendant's liability ratio of 3:7, Shenyang Railway Bureau decision two families of the deceased should be compensated a total of 70 million yuan, which contains the spirit of solatium.
summer train killed two boys at home River sub-Shenyang Railway Bureau sentencing first instance compensation for more than 70 million
7th of this month, concern the summer home of the freight train killed two river sub-railway bridge boy case verdicts. Dalian Railway Transport Court, after hearing the final confirmation, the train driver found driving line in case someone did not take timely measures to stop the brake, in violation of traffic rules, inappropriate measures, resulting in no capacity for civil conduct two boys knocked killed in the first instance verdict Shenyang Railway Bureau of negative 70% of the accident liability, the total compensation to the family two boys more than 70 million.
news background two boys killed by train the next round
2010 年 6 月 5 pm, Shenyang Railway Bureau, all of a freight train bound for Port Arthur from the Golden State direction. Day 14:50 Xu, leather car passing through the town of Fort Yingchengzi to a railway bridge between the station when the two boys are being killed on the railway. The deceased were only 9 years old and 11 years old.
After the incident, the railway police department and a coalition of safety supervision departments accident investigation team found two dead illegal access to the railway transport safety protection zone, is the direct cause of the accident occurred, according to relevant laws and regulations , two of the deceased and the guardian shall bear full responsibility for the accident.
2 of the deceased's family can not accept this, numerous experiences of finding the railway sector consultation, which failed after the Shenyang Railway Bureau to court. Two families were asked the court to compensate the Shenyang Railway Bureau, death compensation, solatium and other mental damage total of $ 41 million.
9 3, when the newspaper reported the case to trial version like.
Record of the trial whether the train driver mismanagement
Dalian Railway Transport Court accepted the case, on August 31,[url=http://www.buy-ugg.us/]UGG Boots Outlet[/url], 2010, December 29, twice hearing the case. Trial, the plaintiffs agent, Liao Ning Jinhua Sun Xuelian lawyer and the defense argued intense.
Sun Xuelian: the accident, the train drivers,[url=http://www.drdreheadphonesonline.org/]Monster Headphones[/url], there are two mistakes, first of all is a violation of traffic rules to. According to Vice-class train driver Zhao investigation record of the incident, he found about 200 meters in front of three people shadow, warning whistle immediately. In about 100 meters before the railway bridge, he confirmed that three people on the railway, only the emergency brake parking facilities, but it was too late. If the initial discovery in the shadows when the brake, the tragedy can be avoided. Zhao is not consistent with the railway sector
defendant: the railway sector does not exist so-called According to the train operation monitoring record before the incident, the train driver had a continuous warning whistle. The root cause of the accident is two dead illegal access to the railway transport safety protection.
Sun Xuelian: driver error is another train moving in the absence of reasonable expectations. Train That is, until little odd, and others from only 40 meters distance, the train began to brake. The combined section of the incident and the day's weather conditions, drivers in the 200 meters away you can see if anyone railway bridge.
defendant: the train was reverse traction, that is, cars in front,[url=http://www.ugg-onlineoutlet.com/]ugg outlet online[/url], the front in the post, together with the time line to the curve, thus affecting the driver's attention.
first trial Shenyang Railway Bureau assume responsibility for 70%
the case during the trial, Dalian Railway Transport Court of the scene conducted a field investigation, according to the records of inquests and on-site photos, The court ultimately determined the train driver at the scene about 200 meters before the bridge should be able to see the situation, combined with the Vice-class train driver's statements and monitoring records, to the recognition of class drivers, about 200 meters away from the children to see their children, and warning whistle immediately. The
Court held that the train drivers with children in that line, the first whistle warning, after reaching near the emergency brake when the measures, in violation of traffic rules to take inappropriate measures. Thus, the defendant did not comply fully with security, alerts and other obligations, should bear the primary responsibility.
2 of the deceased person without civil capacity, in the home, there are other roads wherever possible, but the railway line running vertically, resulting in personal injury, should be appropriate to reduce the defendant's liability. According to the victim's degree of fault, two parents of the deceased did not do to care obligations is a secondary reason cause of the accident, shall bear secondary responsibility. Eventually, the original court discretion, the defendant's liability ratio of 3:7.
7th of this month,[url=http://www.uggoutletmallonline.com/]UGG Outlet[/url], Dalian Railway Transport Court of first instance verdict on the case, ruling the Shenyang Railway Bureau, and the small compensation for small odd parents together to help more than 70 million yuan. Peninsula Morning News reporter Li Yi
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