January 22, 2016 at 23 o’clock, Shenzhen Nanshan, standing on the side of the tow-truck driver Chen Jinhua was hit by a drunk driver, eventually falling to about 1.9 meters high above the ground the trailer the compartment, which caused him to be “forgotten 3 hours”.
Expert testimony showed that Chen Jinhua injured secondary. So far, still unclear words, difficulty walking, and rehabilitation in the hospital. Chen Jinhua’s family believes that responsibility in addition to the driver, the traffic police at the disposal of the traffic accident in default, “forgotten 3 hour” Chen Jinhua missed the best opportunity, it sued Shenzhen Municipal Public Security Bureau traffic police detachment, Nanshan Group (hereinafter “South Mountain Police Brigade”), claims 2012880.1.
On this, Shenzhen Yantian District Court (following referred to “Yantian Court”) November 2016 trial think, consider to traffic accident of complexity and particularity, Nanshan Police Brigade implementation of search-and-rescue is a constantly collection information and judge of process, especially Chen Jinhua was hit Hou off to hidden of trailer car bucket in the, has must of contingency, Nanshan Police Brigade in search-and-rescue process in the launched parties power has been multi looking for, no deliberately delays or allowed, not exists not perform treatment obligations of violations, It dismissed the plaintiff’s claim.
These verdicts, on April 11, 2017, surging qiumeihua told news, unacceptable to the families, had appeal and trial, but not the second instance verdict.
Chen Jinhua residential rehabilitation treatment so far. This figure is qiumeihua intended for
Was pushed inside the bucket up to nearly two meters high trailer
Born in 1986, Chen Jinhua, a tow truck driver. On January 22, 2016, job driving Chen Jinhua, Guangdong A88267 medium trailer, from West to East along the northern ring road, Nanshan District, Shenzhen when driving to the High Bridge Road, medium trailer fails, Chen Jinhua vehicles parked in the far right lane.
Around 23:30, Chen Jinhua, and another trailer: driving Yue Yang Zhiqiang BX6243, heavy duty trailers. However, Yang Zhiqiang BX6243 implementation of traction when driving and Guangdong, a Guangdong B0X0C1 small cars, crashed into the side of Chen Jinhua, Yang Zhiqiang and the two driving trailers. After identifying, Yue Hu Guangxu B0X0C1 drivers drunk driving.
The accident led to Chen Jinhua injured secondary, Yang Zhiqiang injury level. Nanshan Police Brigade on March 2, 2016 of the road traffic accident certificate issued by the show, Hu Guangxu bear full responsibility for these accidents, Chen Jinhua, Yang Zhiqiang without responsibility.
Traffic police police record cards.
Afterwards, Chen Jinhua Hu Guangxu sued the driver, after the road accident compensation agreement reached between the parties, Chen Jinhua access in addition to medical expenses, nursing fee of advances amounted to 1.6 million Yuan.
On April 11, 2017 surging Chen Jinhua’s wife qiumeihua told the press, Chen Jinhua are still in hospital, “and is unable to speak, walk. “Medical costs 600-800 per day.
Qiumeihua believes that responsibility in addition to the driver, the traffic police at the disposal of the traffic accident in default, resulting in her husband Chen Jinhua “forgotten 3 hour”, missed the best opportunity.
Qiumeihua to the news provided by the surging 110 traffic police police record cards, according to the January 22, 2016 23:53 traffic police arrived at the scene.
Yantian port on November 16, 2016 issued by the administration of the Court judgments, according to the January 22, 2016 23:53, Wu and Hu two civilian police officers arrived at the scene of the accident, found that the scene of the accident injured 2, respectively, Hu Guangxu, Yang Zhiqiang on January 23 and 20 points, Yang Zhiqiang, Nanshan District, was rushed to hospital for medical treatment. At 3:20 on January 23, rescue workers in vehicle accident support move to buckle when the yard, BX6243, heavy duty trailers in Guangdong found injured inside the bucket of Chen Jinhua. 3:50, Chen Jinhua, Baoan district, was rushed to hospital for medical treatment.
Yantian Court found, Guangdong BX6243 heavy duty trailer vehicles about 1.9 metres off the ground, bucket to SAG inwards, standing on the ground unable to see inside the bucket from South Mountain Police Brigade received the alarm to Chen Jinhua was rushed to hospital where, after a total of 3 hours and 44 minutes.
Police: when speculation Chen Jinhua may go after escaping driver
Qiumeihua said it was a winter night when the accident happened, the cold weather and her husband because of police negligence, delay 3 hours of treatment time, so police assume the corresponding responsibility. So, qiumeihua Nanshan Police Brigade to prosecute on behalf of Chen Jinhua, claim 2012880.1.
According to the aforementioned judgements of the administrative, Nanshan Police Brigade said, in dealing with the traffic accident, the police do not give up looking for Chen Jinhua, has repeatedly call Chen Jinhua phone, but could not be reached, don’t know whether Chen Jinhua has left the scene, or whether they were injured in the accident were sent to or go to hospital, and speculation about Chen Jinhua may go after escaping driver.
Nanshan Police Brigade said it has to perform their duties, there is no outstanding violations of the duty to rescue.
On this, Yantian court trial think, accused Nanshan Police Brigade No in first time search-and-rescue to Chen Jinhua, that no full perform its rescue obligations of statutory duties, but consider to traffic accident of complexity and particularity, Nanshan Police Brigade implementation of search-and-rescue is a constantly collection information and judge of process, especially Chen Jinhua was hit Hou dropped to hidden of trailer car bucket in the, has must of contingency, Nanshan Police Brigade in search-and-rescue process in the launched parties power has been multi looking for, no deliberately delays or allowed, There are no offences does not comply with treatment obligations.
Yantian court verdict, Chen Jinhua requires administrative compensation claims lack factual and legal basis does not support, rejected all the claims.
For this verdict, qiumeihua said, unacceptable to the families, had appeal and trial, but not the second instance verdict.