Recommended a report on Yunnan Rule of Law Online to enhance your confidence.
Suggestion: the court does not accept, is afraid of getting into trouble, the key is, you may also not be able to provide each other do not come out of the car strong evidence. If you want to defend your rights, it's best to consult a lawyer to find out exactly how you should take evidence.
Tue, 27 Feb 2014 09:39:58 Font Size
?Behind the 120 emergency vehicles do not come out of the car to cause the death of the injured
? Source: Yunnan Legal Daily Author: Song Rupeng?
Traffic accidents occur, the people present dialed "110" and "120" medical emergency telephone, traffic police after receiving the police arrived at the scene of the accident in time, the 120 ambulance has not arrived. The police arrived at the scene, the injured Deng Dengxiang and the people present at the request of the police to send it to the hospital, the police to the police survey vehicles can not pull the injured on the grounds of refusal. In determining the 120 emergency vehicles can not reach the scene, the police intercepted passing vehicles to carry the injured Deng Dengxiang, but passing vehicles are reluctant to carry Deng Dengxiang, when the police transfer trucks Deng Dengxiang sent to the hospital, due to the long delay, resulting in Deng Dengxiang died of hemorrhagic shock.
After the incident, the deceased's family Deng and Liu Kaiping to 120 emergency vehicles do not come out of the car, the traffic police at the scene of the accident improper disposal of the reasons, Gengma County People's Hospital and Gengma County Public Security Bureau Traffic Police Battalion sued the court.
Recently, Lincang Intermediate People's Court made a final judgment on the case, Gengma County People's Hospital compensation for the deceased's family more than 160,000 yuan. The court found that Gengma County Public Security Bureau traffic police brigade police in the traffic law enforcement does not exist in administrative violations.
120 emergency vehicles can not go out?
June 17, 2012, Gengma County Menghu Provincial gas station workers Deng Dengxiang after dinner (during which he drank), to his parents made a phone call on the way home, colleagues advised him: "You drink, ride not motorcycle." "Not afraid, I ride slowly." He replied.
The day 20:55 Xu, because of rain slippery roads, Deng Dengxiang drunk driving motorcycle driving to Geng Cang line K11 + 0m, and Li Jie Rong driving tractor collision, resulting in Deng Dengxiang right leg knee part of the open fracture.
The incident, the crowd dialed "110" and "120" medical emergency. 21:06, the public security police department received the alarm, the police arrived at the scene of the accident at 21:30, 120 emergency vehicles have not been to the scene! The police were called to the scene of the accident at 21:30, and the 120 emergency vehicle never arrived at the scene.
"The responsibility is all on me, you save me first." Injured Deng Dengxiang came to deal with the accident of the police said, the people present also requested the police with a police car Deng Dengxiang to the hospital, the police to the police survey vehicle can not pull the injured on the grounds of refusal. At the same time, the police at the scene and dialed "120" medical emergency telephone, the duty officer replied: "the car broke down can not get out of the car, please traffic police as soon as possible on the spot to find a vehicle to send the injured."
In determining the 120 emergency vehicles can not reach the scene, the police intercepted passing vehicles carrying Deng Dengxiang, but passing vehicles are not willing to carry the injured, the police had to call the mobilization of the duty point of the ordinary trucks carrying Deng Dengxiang, will be sent to the Gengma County People's Hospital, the time of arrival at the hospital is 22:50. Because of the delay in the treatment time, to the hospital can still speak Deng Dengxiang at 23:08 deterioration of the condition of the rescue at 0:03 on June 18 died.
After the traffic accident, Gengma County Public Security Bureau traffic police brigade made a road traffic accident responsibility, Deng Dengxiang bear the main responsibility, drunk driving tractor Li Jierong bear the secondary responsibility. Since then, the tractor driver Li Jierong drunk driving by Gengma County People's Court to dangerous driving offense sentenced to two months of detention, suspended sentence of four months. Li Jierong was sentenced to compensate Deng Dengxiang's family for economic losses of 63,375.50 yuan.
The hospital was ordered to compensate the family of the deceased more than 160,000 yuan
Deng Dengxiang's parents Deng and Liu Kaiping Gengma County People's Hospital to the court, claiming more than 460,000 yuan. Gengma County People's Court after trial made by the Gengma County People's Hospital to compensate Deng and Liu Kaiping a variety of losses of more than 80,000 yuan of the first-instance verdict. Deng and Liu Kaiping, Gengma County People's Hospital appealed against the first instance judgment.
Lincang Intermediate People's Court held that Gengma County "120" emergency station attached to the Gengma County People's Hospital Emergency Department, and the Emergency Department co-located, "120" emergency station director by the hospital president, deputy director by the hospital. The director of the "120" emergency station is also the president of the hospital, and the deputy director is also the director of the emergency department of the hospital. Gengma county people's hospital in received "120" medical emergency call, did not send cars and medical personnel to the scene of the traffic accident to implement the obligation of medical emergency, objectively lead to the victim deng dengxiang right leg knee open fracture injury failed to get timely treatment. Gengma county "120" first aid station staff although told the police "car broke down can not go out", but as a medical emergency department, should always guarantee that there are emergency vehicles into emergency services, can not go out of the car in its own reasons, should bear the corresponding liability. Judgment by the Gengma County People's Hospital compensation Deng and Liu Kaiping loss of more than 160,000 yuan.
In addition, the same as the defendant of the People's Property Insurance Company of China Limited Lincang Branch, was ordered by the court in the motor vehicle third-party liability insurance liability limits within the scope of compensation Deng and Liu Kaiping more than 110,000 yuan.
Traffic police whether there is an administrative offense
After the Gengma County People's Hospital to the court, Deng and Liu Kaiping that the traffic police at the scene of the accident was not properly handled, objectively caused the delay in the treatment of the injured, which ultimately led to the death of the injured consequences. And Gengma County Public Security Bureau traffic police brigade to court, requesting that it be ordered to compensate for the economic losses of 888,149.6 yuan.
"The police survey vehicle most of the space has been occupied by the instrument, and the injured Deng Dengxiang can not be moved at will, in order to avoid secondary injuries to it, so it can not be moved on the survey vehicle. Subsequently, the police immediately mobilized the duty point of the ordinary truck to carry Deng Dengxiang, will be sent to the hospital. However, Deng Dengxiang died of hemorrhagic shock due to excessive blood loss. The police fully fulfilled their legal obligations, and there was no failure to fulfill their duty to help." Gengma County Public Security Bureau traffic police brigade responsible person said. Gengma County People's Court ruled in the first instance to reject Deng He, Liu Kaiping on the Gengma County Public Security Bureau Traffic Police Brigade. Deng and Liu Kaiping appealed against the first instance judgment.
Lincang Intermediate People's Court held that the Gengma County Public Security Bureau traffic police brigade police in the handling of the traffic accident, the scene of the injury, according to the relevant provisions of the relevant regulations and common sense, the injured actively take rescue measures, to fulfill the legal obligations, there is no administrative violation of the situation.
Gengma County '120' first aid station increased emergency vehicles
"The incident occurred, the main reason is that Gengma County medical personnel, first aid equipment configuration is insufficient, Gengma County '120' emergency station can not be normal work caused." Gengma County Health Bureau responsible person said. It is understood that after the incident, Gengma County "120" emergency station increased emergency vehicles. The reporter saw in front of the emergency department of Gengma County People's Hospital, there are two "120" emergency vehicles parked at the door.
It is understood that the National Health and Family Planning Commission issued the "pre-hospital medical emergency management approach" in February 1, 2014 came into force, the "approach" stipulates that, above the county level, the local health and family planning administration according to the regional service population, the service radius, geographic environment, traffic conditions, and other factors, a reasonable allocation of ambulances, first aid centers (stations) should be equipped with specialized personnel to accept the "120" 24 hours a day! "120" pre-hospital medical emergency call, emergency center (station) should receive "120" pre-hospital medical emergency call, according to the pre-hospital medical emergency needs to quickly send or from the emergency network hospitals to send ambulances and pre-hospital medical emergency professionals. May not be due to command and control reasons for refusing, shirking or delaying pre-hospital medical emergency services.
? Reporter ? Song Rupeng