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Home Traffic law

Awareness of traffic laws need to be more advantageous

Dominick Rios by Dominick Rios
August 29, 2022
in Traffic law
0

An accident among a vehicle and a motorcycle that left one person dead inside the northern province of Lào Cai on March 1 has drawn public interest in recent days. The collision became blamed on the teenage motorcycle driver who becomes no longer old enough to legally force, changed into visiting over the speed restrict, and become no longer carrying a helmet. However, the spouse and children of the victim and other locals accrued on the scene of the incident, worrying the car driver pays them VNĐ400 million (US$17,220) as repayment. Later, the driving force needed to quit VNĐ200 million ($8,600) to pay for the victim’s funeral. The collision and resulting controversy caused congestion on dual carriageway 4D for 6 hours.

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The incident has sparked debate among netizens, with a maximum of them opposing the actions of the victim’s household and local citizens. In the past, supreme Vietnamese human beings believed the proprietor of the more costly automobile worried in a collision needs to compensate the proprietor of the much less luxurious one, irrespective of who changed into at fault. For many Vietnamese humans, it appears that, evidently, motorcycle drivers should be more mediocre than automobile proprietors. As a result, every time an accident occurred between a car and bike, the car owner become predicted to pay compensation. However, that mindset does not match up with the criminal code. According to article 584 of the 2015 Civil Code, a driver whose vehicle causes damage isn’t always vulnerable to compensate the alternative party if they did not violate any site visitors laws or if the other birthday celebration turned into fault. Many accidents arise because human beings aren’t privy to road legal guidelines or choose not to follow them. Compensation following a coincidence is frequently resolved with the aid of the involved events without involving the police.

In some cases, car proprietors comply with pay on the way to settle the incident fast, even if they have got located legal traffic guidelines. A comparable coincidence on July 10, 2017, in the Central Highlands province of Đắk Lắk that left two human beings lifeless, indicates that this isn’t the primary time people have wrongfully demanded price following a coincidence. Police decided not to prosecute the case as it turned into due to the two teenagers killed in the twist of fate, and the driver had paid VNĐ30 million for their funeral.

However, the circle of relatives of the two sufferers still filed a lawsuit demanding the car proprietor pay an extra VNĐ461 million ($19,850) in reimbursement. Because the owner of the auto did now not violate any visitor’s legal guidelines and the young adults were touring too fast and were now not antique sufficient to drive, the auto proprietor ought to now not be required to pay. In reality, he has the proper to sue for repayment for damage to his car. Trần Ngọc Sơn, chief of the Secretariat of the Traffic Safety Committee of Lào Cai Province, stated the committee has asked neighborhood police investigate the incident and settle it by policies. The National Traffic Safety Committee also reported it was illegal to accumulate a twist of fate website and demand compensation.

Awareness of traffic laws need to be more advantageous 1This behavior causes disorder and creates a terrible precedent. According to Trần Tuấn Anh, director of Minh Bạch Law Firm, residents’ reality hindered forces that arrived to analyze the incident that had caused visitors congestion. This movement could be taken into consideration disrupting the public order by Article 318 of the Criminal Code, Anh instructed Gia đình và xã hội (Family and Society) newspaper. He also stated there had been symptoms of unlawful “assets appropriation” with the aid of forcing the motive force to pay reimbursement without any selection from an accredited enterprise.

“It is important to prosecute those cases to determine if the drivers volunteered to pay reimbursement or if their property changed into illegally appropriated,” he stated. As for me, I think that it’s time to prevent wondering that the proprietor of the extra highly-priced car continually has to pay. If a pedestrian causes a traffic accident, leading to property damage or resulting in a person’s death, they can be subjected to criminal charges. We are dwelling in a society governed by laws, so each person is the same on the road. We all ought to obey the law. The incident confirmed that regulation enforcement businesses need to take a firm stance in opposition to illegal settlements. Only when the regulation is precisely followed will people observe site visitors’ safety policies, decreasing site visitors’ injuries. Agencies need a dissemination campaign to raise cognizance of visitors’ policies.

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