Should the platform owner be liable for compensation in case of traffic accidents caused by online car Hailing? A few days ago, Zhang died in a traffic accident while taking an online taxi Hailing. His heirs Zhang and Jian told a Chongqing company and Li to the court to claim damages. After hearing the case by Chongqing No. 4 Intermediate People's court, a Chongqing company and Mr. Li paid more than 430000 yuan to Mr. Zhang and Mr. Jian. After hearing, the court found that on November 15, 2020, a truck driven by Chang collided with an ordinary bus driven by Li, causing Zhang, the passenger, to die and others to be injured. The confirmation of road traffic accident confirms that Mr. Li and Mr. Chang bear the same responsibility for this road traffic accident, and the passengers do not bear the responsibility. Mr. Li uses app to engage in online car Hailing service. A company in Chongqing, as the owner of the app, reviewed Li's ID card, driver's license, driving license, operation license and online car Hailing qualification certificate. Mr. Li pays a software service fee of 100 yuan to a company in Chongqing every month. The mobile phone of the deceased Zhang showed "online car hailing, I am riding, driving". The court of first instance ruled that an insurance company paid 583041.89 yuan to Zhang, Jian, etc; Li paid 437980.11 yuan to Zhang and Jian; Other claims of Zhang and Jian were rejected. Zhang and Jian disagreed and appealed. After hearing the case, Chongqing No. 4 Intermediate People's court held that Mr. Li submitted materials to a company in Chongqing and passed the review. He paid a monthly fee of 100 yuan and became an online taxi driver of a company in Chongqing. A company in Chongqing provided code scanning services to Mr. Li and Mr. Zhang, and authorized Mr. Li to enter into an online car Hailing service contract with Mr. Zhang. Zhang sent the order through the code scanning mode, and Li confirmed on the platform that a transportation contract had been established between Zhang and a company in Chongqing, and a company in Chongqing should bear the carrier's responsibility for safe transportation since the contract was established. A company in Chongqing argued that it did not participate in the transaction price, order distribution, profit commission, and did not set the end of the journey, which involved the core content of business, and should not be held responsible. However, these operation modes are the internal management behaviors of a company in Chongqing, which have nothing to do with passengers. Their internal management behaviors shall not antagonize passengers and shall not exempt them from their responsibilities and obligations to Zhang. Therefore, a company in Chongqing shall bear the corresponding liability for damages to the deceased Zhang. The court then upheld the first paragraph of the civil judgment of first instance in accordance with the law; Rescind items 2 and 3 of the civil judgment of first instance; A company in Chongqing and Mr. Li paid 437980.11 yuan to Mr. Zhang and Mr. Jian. ■ the judge reminds ■ With the development of society, more and more people choose online car Hailing. Article 16 of the Interim Measures for the administration of online taxi booking service stipulates: "the online taxi booking platform company shall bear the responsibility of the carrier and shall ensure the operation safety and protect the legitimate rights and interests of passengers." This article provides a basis for solving traffic accidents caused by online car Hailing. As the organizer and manager, the online car Hailing platform company reviewed the registration behavior of drivers and charged a certain fee, indicating that the platform has management behavior towards drivers. From the perspective of paid service and management, the platform service company should bear the liability for compensation for traffic accidents. If the driver causes casualties of passengers due to intentional or gross negligence, he shall be jointly and severally liable with the platform. Therefore, the online car Hailing platform should be strictly responsible for reviewing various information, and earnestly implement the responsibilities of operation management, data assurance and safety service. At the same time, drivers should also strictly abide by the traffic rules during driving, so as to jointly protect the personal and property safety of passengers. (outlook new era)
Edit：sishi Responsible editor：xingyong
Source：http://society.people.com.cn/n1/
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