Troublemaker's compensation of the traffic is uncomplete Borrow the treatment and worry about the bad severely injured old man
After a great traffic accident happens, old man Yang in Wei workshop is severely injured, the wife passed away. After paying for the treatment fee of more than 20,000 yuan first, he still needs more than 20,000 yuan to carry on surgery. But the trouble-making driver has only paid 5000 yuan, will never pay and treat the fee. Reporter investigation find, store legal blank in, trouble-making driver it prepays medical phenomenons of fee to be general in the traffic accident, this also wants oneself and spends money curing the disease first while causing victims to bear spirit and human body agony, have brought the enormous pressure to victim. At over 6 o'clock pm on September 28, old man Yang of one village of Wei workshop is driving the bean that the tractor just gathered in drawing a truck, while going at home along the road, are knocked away by a big truck, he and wife sitting on the car go into a coma on the spot. At that night, the couple are sent to the first aid of the hospital. Through the rescue of 5 days, wife Yang because all rescue measures proved ineffectual to pass away, only 56 years old. Though old man Yang has kept the life, the shoulder is fractured seriously. In several days, the rescue expenses of two persons of couple are more than 20,000 yuan, treatment fee that old man Yang did surgery still needs more than 20,000 yuan. And just at the beginning of this year, old man Yang is injured the traffic accident when being discontented with the 30 -year-old son by motorcycle, hospital treatment costs 80,000 yuan, has not been compensated so far. On October 11, a relative of old man Yang's tells reporters, coordinate through the traffic police, the troublemaker paid 5000 yuan, later refused to pay the medical fee again. There is no money to cure the disease, the ginger of ground of 0.133 hectares that old man Yang have to trust relatives to reap the family just now has been sold. Borrow he from all friends and family all over,last rescue fee of 20,000 yuans only. On condition that still lack the treatment fee of more than 20,000 yuan, the hospital has stopped the treatment of old man Yang for a time. Old man Yang learns, the traffic police needs to bring a suit before court after making accident responsibility to assert through inquiring. After court's judgement, could get the troublemaker's compensation. Do not cure the disease until compensated the fund after court's judgement, obviously unrealistic. As an ordinary peasant, old man Yang has no ability to pay the huge treatment fee again. But at present " The money of help " Still less than the whereabouts. The traffic accident " The money of help " By who pay? Provincial capital lawyer Zhang Lei introduces, according to the stipulations of law, the accident happens to motor vehicle, non-motor vehicle, pedestrian, even if one party of motor vehicle does not have fault, need to bear certain compensation responsibility; The accident happens between the motor vehicles, share responsibility according to the fault. In reality, situations that the trouble-making car does not bear compensation responsibility are few. Speaking from the morality and justice, the troublemaker should prepay the hospitalization cost too, but the law does not have mandatory regulation to this. According to the stipulations of compulsory liability insurance, the insurance company can pay for the medical fee first first, but almost insurance company would not like to pay for the medical fee first. Lei Zhang propose, to the intersection of traffic accident and the particular case, pay or enforce the law, pay specifically legislating, should all be human-oriented, protect the weak. For example in whose question of prepaying the medical fee, the legal provision should be thinning, can stipulate to prepaying the troublemaker of the medical fee actively, can deal with on the lenient side during compensation; Moreover, can set up insurance company to pay first in the mechanism of the medical fee according to the characteristic of the traffic accident. Meanwhile, need to set up and improve the social relief fund of the traffic accident too, strengthen social supportability, make the victim like old man Yang be treated and cured in time. (Wu permits old luxuriant and beautiful high jade peak of wave)
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