On 4/7 in Guangzhou, Guangdong province, dash cam footage from a car traveling in the same direction captured an electric bicycle entering an elevated road. As the electric bicycle attempted to turn left, it tipped over and was struck by a car directly behind it. The accident injured all three individuals on the electric bicycle, with one boy sustaining severe injuries.
None of the three people on the electric bicycle were wearing helmets. The sudden fall of the bicycle left the car driver behind no time to brake, despite the car traveling at a low speed.
According to Chinese regulations, electric bicycles are prohibited from operating on highways, national highways, inner ring roads, feeder roads, and river-crossing tunnels. However, these laws often fail to deter some electric bicycle riders from venturing onto restricted routes.
The incident garnered attention not only due to the electric bicycle operating on a forbidden road but also because the car driver still bears partial responsibility under what is known as the "humanitarian principle".
In practice, under current law and judicial precedent in China, when a traffic accident occurs between a motor vehicle and a non-motorized vehicle operator or pedestrian, if the motor vehicle driver is not at fault, they are still liable for compensation not exceeding 10%. This regulation highlights the principle that the "dominant party bears the risk" and reflects society's humanitarian concern.
However, the application of this provision depends on various conditions and situations. Consequently, public opinion is generally dissatisfied with this "complicating the issue" approach, arguing that it essentially "rewards violators and punishes law-abiding citizens".
My Anh (according to Sina)
