Guide: When walking on the way home, be sure to protect the baby's personal safety. Please install a safety seat in the car to avoid unnecessary danger. Is there a safety seat in the car that causes the baby to be injured, and is the driver responsible? The following small series introduces you to a case. Case description: No safety seat in the car causes baby injury At 7:00 pm on April 14, 2016, when Ms. Guo drove her car through a junction without traffic lights, Gu Mou drove a van to turn left and turn left. The two cars collided, causing Ms. Guo to be one year old. Half of the son's head injury, died after being sent to the hospital for treatment. The police issued a traffic accident liability certificate, and Gu Mou was responsible for the main road traffic accident. Ms. Guo was responsible for the secondary responsibility. Court hearing: secondary responsibility for lack of safety seat During the court hearing, Gu Mou argued that although he was mainly responsible for traffic accidents, the death of the baby was mainly due to his failure to take the safety seat. Ms. Guo had a major fault. Ms. Guo should bear the main responsibility. Does not constitute a crime. At the same time, the court showed the responsibility for the identification of traffic accidents to Gu, and also explained to Gu that the reason for the responsibility of the traffic police brigade: Gu had a serious fault in violation of the principle of road rights, so he was determined to be the main responsibility for the road traffic accident. Ms. Guo’s failure to equip her child with a safety seat is a violation of safety principles and a secondary responsibility. Hougu pleaded guilty and reached a compensation agreement with Ms. Guo and her husband, the relatives of the victim. The relatives of the victim issued a letter of understanding to the court. In the end, the court sentenced Gu to one year in prison for traffic accidents and suspended his sentence for two years. Lawyer's statement: Is it the responsibility of the driver who does not install the safety seat? At the moment, some car owners mistakenly believe that China's laws and regulations do not have provisions for the use of safety seats for infants. In fact, as early as 2012, China has launched the first mandatory national standard for the safety of children in motor vehicles - "Conditional System for Motor Vehicle Child Crew", stating: "Adult belt buckle and child restraint system The buckles are not universal and children should not use adult seat belts. This means that after the standard is implemented, the car will be forced to install a child seat belt or child safety seat. At the same time, Shanghai, Shenzhen, Shandong and other places have passed local legislation. Children under the age of 12 are not allowed to ride in the co-pilot position of any type of car. Children under the age of 4 are required to take small, micro-non-operating passenger cars, which must be used in accordance with national standards. Child safety seat. Accordingly, when dealing with traffic accidents, the police are considered to be a fault and bear the corresponding accident responsibility for the provision of safety seats for underage passengers. Of course, this responsibility is only a violation of the principle of security, usually a secondary responsibility. This secondary responsibility does not exempt the party from its primary responsibility, nor can it be excused from its criminal liability. Therefore, the court decision has a legal basis. The above is a case report in which there is no safety seat in the car and the baby is injured. The driver is responsible for the case, I hope to help you solve your problem. For disputes arising from judicial practice, if it is necessary to go through the proceedings, it is advisable to consult the expert lawyers in the transportation industry in advance to avoid detours and better solve the problems they face. (Professor Li Qianjun for the French State Network - Fabang commentary, reprint, please indicate the author and source.)
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