Boy Riding Ofo Killed, Lawyer: Accident
After shared bicycles came out in life, they not only provided us with a lot of convenience, but also brought a series of safety hazards! There are shared bicycles on the side of the road, and some underage children use them to play, but there are so many vehicles now, it is unimaginable to have a ditch after an accident! In Shanghai, such a thing happened. An 11-year-old boy was killed while riding a shared bicycle!
According to the Labor Daily, an 11-year-old boy died when he was swept under a bus while riding a shared bicycle. The tragedy at the intersection of Tiantong Road, Zhejiang North Road, at around 1 noon yesterday once again aroused social attention to the use of shared bicycles. This is also the first case of a minor under the age of 12 using a shared bicycle to death in Shanghai.
It is reported that at about 1:15 pm yesterday, at the intersection of Zhejiang North Road on Tiantong Road, a large passenger car collided with a bicycle, and a boy was swept under the car. The boy was riding an ofo shared bicycle at the time.
The reporter rushed to the scene immediately. Witnesses confirmed that a large passenger car turned from east to west on Tiantong Road and drove into Zhejiang North Road. Then the small yellow cart was involved under the car at the intersection. After the accident, the driver and witnesses immediately called the police. Firefighters arrived later. But the child and the car were stuck under the car, and firefighters had to use jacks and other equipment to lift the car and rescue the boy from under the car.
The reporter learned from the Jing'an police that the police arrived at the scene immediately and sent the boy who was seriously injured and unconscious to the hospital. The reporter confirmed from relevant departments that the boy died after being sent to the hospital. He was only 11 years old and was currently in the fourth grade of primary school.
At the scene, the reporter found that there was a construction site on the east side of the intersection of Zhejiang North Road on Tiantong Road, which was separated by a green fence about two meters high, resulting in the loss of a non-motorized vehicle lane and pedestrian passageway about 20 meters long. Vehicles, non-motorized vehicles and pedestrians passing through this section need to mix.
For this tragedy, Xiang Shitu, a lawyer at Shanghai Guoxiong Law Firm, believes that whether parents or third parties give primary school students the convenience of driving bicycles, they should fully anticipate the possible legal consequences and practical harm of handing over the bicycle to a user who does not meet the authorization conditions. The responsible subjects involved in the accident are complex and multi-faceted, including not only the owner of the bicycle, but also the provider of the bicycle, the supervisor of the minor, the perpetrator of the traffic accident, and the construction unit of the intersection.
Guo Jianrong, secretary-general of the Shanghai Bicycle Industry Association, believes that shared bicycles should not only not allow children under the age of 12 to register during the registration process, but also keep up with subsequent links. For example, equip vehicles with GPS positioning systems and install smart locks.
The Shanghai Municipal Education Commission suggested that schools should incorporate safety education into the daily work of teaching, and safety education should also be included in the evaluation system of teachers. In addition, safety education should also be an important content in families.
Lawyer: The subject of responsibility for the accident involves multiple parties
Regarding the accident on March 26, lawyer Xiang Shitu of Shanghai Guoxiong Law Firm believes that the responsible subjects involved in this accident are complex and multi-faceted, including both the owner of the bicycle and the provider of the bicycle, the supervisor of the minor, the perpetrator of the traffic accident, and the construction unit of the intersection.
Xiang Shitu said that the Shanghai Road Traffic Regulations have clearly stipulated that you must be at least 12 years old to drive a bicycle on the road. Even if the rider meets the legal age requirements and has a certain degree of proficiency in riding, for minors, their guardians must perform supervision responsibilities according to law, and parents should strive to keep the minors' behavior within their controllable conditions and scope.
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"In addition, if the bicycle platform fulfills its obligations, it clearly stipulates that the driver must meet the corresponding statutory authorization conditions before enjoying the right to use, and does not give use benefits to users who do not meet the conditions, then there is a certain degree of exemption." Xiang Shitu said.
In addition, Xiang Shitu said that if a primary school student obtains the right to use the car from a third party, then from the perspective of the authorization of bicycle use, whether it is a parent or a third party, the person who gives the primary school student the convenience of driving a bicycle should fully foresee the possible legal consequences and practical harm of handing over the bicycle to a user who does not meet the authorization conditions, a minor under the age of 12, and should of course be held responsible for the casualties based on their previous actions.
Xiang Shitu also said that from the perspective of the party responsible for the traffic accident, according to the road traffic regulations, at the intersection with complex traffic environment, the motor vehicle should of course give way to the non-motor vehicle first. Especially when the intersection is under construction and multiple baffle partitions are not convenient for the driver to observe the road conditions, the driver of the motor vehicle should treat the driving at the intersection more cautiously, and the driver has not fulfilled his due obligations and should have the most direct responsibility for the accident damage result.
"Because of the negligence of various responsible subjects, those seemingly insignificant small mistakes are interlinked, which has led to tragedies." For the construction party of the intersection, while promoting the development of the city, it should maintain the safety and accessibility of the construction road. For the construction section, it should also fulfill the obligation of reminding, and post corresponding warning signs to remind passing vehicles to pay attention to safety.
Shanghai Bicycle Association: Bicycles should be equipped with GPS and smart locks
The Shanghai Bicycle Industry Association made it clear in the exposure draft of the shared bicycle group standard that children under the age of 12 are strictly prohibited from riding shared bicycles. In addition to age, the standard also stipulates that people over 1.45 meters in height can ride.
Guo Jianrong, secretary general of the Shanghai Bicycle Industry Association, said that the reason for making such a regulation is to consider that children's legs are relatively short, and in the event of an emergency, their feet cannot form support, which is prone to potential safety hazards.
"The accident that happened a few days ago has sounded the alarm, and the shared bicycle platform needs to strengthen the management of bicycle locks. For example, the lock of ofo is a mechanical password lock, and the password is also fixed, so it is not difficult to decipher. In addition, the lock of ofo bicycle is separated from the mobile phone. This will happen. The car is returned on the mobile phone, but the bicycle is not locked. This brings convenience to cycling and also brings certain dangers," Guo Jianrong said.
Although many shared bicycle platforms have claimed that when new users register, the platform performs real-name authentication and automatically filters out users under the age of 12, Guo Jianrong believes that the shared bicycle platform should not only prevent children under the age of 12 from registering during the registration process, but also keep up with the follow-up links.
For example, companies should equip vehicles with GPS positioning systems and install smart locks, so that if the vehicle malfunctions, it can be found and towed away immediately, rather than remaining on the road for users to continue riding. At the same time, Guo Jianrong said that industry associations will strengthen supervision of shared bicycle platforms after the implementation of shared bicycle standards, and cooperate with law enforcement agencies to urge companies to optimize the design of shared bicycles.
Shanghai Municipal Education Commission: Safety education has been carried out, but there are still children under the age of 12 riding
Jia Wei, deputy director of the Shanghai Municipal Education Commission, said that at the beginning of this year, the Municipal Education Commission and the transportation department had already carried out relevant safety education among primary and secondary school students. However, with the popularity of shared bicycles, children under the age of 12 are often riding on the road.
The Shanghai Municipal Education Commission suggested that schools should incorporate safety education into the daily work of teaching, into the curriculum, into teacher training, especially first aid training for kindergarten and primary school teachers. In addition, safety education should be included in the evaluation system of teachers. Only in this way can we effectively ensure that children's safety education is effectively implemented.
In addition, ensuring the safety of children also requires the social responsibility of citizens and enterprises to promote, such as shared bicycles, which require more technical protection and daily management. At the same time, family education should also take safety education as an important content.
After seeing the 11-year-old boy killed by riding a shared bicycle, we are saddened and call on everyone to take safety measures in this regard, hoping that similar things will not continue to happen! So, who is the main body responsible for this accident? From the above reading, we can see the significance of experts. The main body of responsibility involves many parties. For the final trial result of the case, we will further follow up the report!
