The teenager fell into a ditch on a mountain wall and was hit by a steel plug and died on the spot. (Photo / Newspaper photo)
In 2022, a 16-year-old unlicensed boy in Nantou County hit a mountain wall while riding his bike on Provincial Highway 14, fell into a ditch and was tragically killed by a steel plug. After hearing an application for state compensation of more than 3.58 million yuan from the family of the young man, the Nantou District Court recently determined that the highway company was responsible for 40% of the fault in the accident and awarded compensation of more than 1.13 million yuan. Can be appealed.
The verdict pointed out that on July 7, the teenager took his 19-year-old friend to Ren’ai Township to work on his bicycle, and drove along Provincial Highway 14 from Puli to Wushe. However, at 69.2 kilometers, he skidded and hit a mountain wall for unknown reasons. The teenager and his friend sprayed The safety helmet fell off when flying, and when the boy fell into the ditch, his head was pierced by the exposed steel bars in the ditch, resulting in a comminuted skull fracture, brain tissue herniation and death.
The family members of the young man believed that the six 1- to 2-meter steel bars in the ditch extended out from the wall of the ditch and were not necessary structures for drainage facilities. In addition, the highway unit inspected the road three days before the accident but did not remove it even though they knew it. Warning signs may be placed on the steel bars, indicating that negligence in management and maintenance is causally related to the boy’s death.
The Central District Maintenance Engineering Branch of the Highway Bureau of the Ministry of Transport stated that the purpose of maintenance is to maintain the water delivery function of drainage facilities and avoid underground or surface water from affecting safety and stability. The purpose and use of the installation and use are not for passersby. The steel bars are in the ditch on the outside of the road. , should not affect the traffic of vehicles on the driveway. In addition, the deceased did not have a license, was speeding, did not slow down when turning, and his head hit the mountain wall, causing a comminuted fracture and death. He should not have died from being inserted into the steel bar. The death result was not related to the steel bar.
After the trial, the judge held that the Central District Maintenance Engineering Branch was responsible for the safety of drainage facilities, but it allowed the steel bars in the ditch to be in an unsafe condition and did not remove them, cover them or set up warning signs in a timely manner. There was indeed a lack of management and maintenance. After a road accident investigation, it was determined that the juvenile was 60% at fault and the Central District Maintenance Branch 40%, and then asked the family for 1,580,937 yuan in support and 2 million yuan in moral comfort. The total of 3,580,937 yuan was converted into proportion. The maintenance branch should compensate RMB 1.13 million, 650 yuan. Can be appealed.
Unlicensed motorcycle hits steel bar, Nantou State Compensation
2024-02-05 14:38:14
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