On the afternoon of 14/5 at an intersection in Jingjiang, Jiangsu province, driver Vuong Phuong was stopped at a red light when her car was suddenly pushed forward by an impact from behind. Phuong hit the brakes, parked, and got out.
Behind her, a sedan was continuously pushing into Phuong's car. Inside the cabin, the male driver was slumped over, eyes closed, seemingly unconscious. His foot was still on the accelerator, causing the wheels to spin. Phuong shouted for people nearby and called emergency services.
One person brought a rock to block the rear wheels of the Toyota, while others tried to break the car window. Once the door was open, they took turns performing first aid, including chest compressions, on the driver.
When the ambulance arrived, the driver's hand moved slightly, and he slowly regained natural breathing. The victim is now out of danger and recovering.
Jingjiang city authorities announced they are verifying the identities of all citizens involved in the rescue and will recommend them for awards for their brave actions.
However, many also raised practical questions: Who will compensate Vuong Phuong for the damage to her car? And what if the driver was injured during the process of breaking the window and administering first aid?
According to 163.com, China's road traffic safety law stipulates that accidents caused by a driver suddenly experiencing health issues are still classified as traffic accidents. However, unlike intentional violations, in such cases, the driver is not considered subjectively at fault and generally does not bear criminal liability.
However, the absence of criminal liability does not mean there is no compensation obligation. For civil compensation, there is a clear order: first, the driver's compulsory third-party liability insurance company will pay; any remaining amount will be borne by the driver.
Of course, the law is also very clear: if a driver knows they have a medical condition that prevents them from driving and intentionally conceals it while operating a vehicle, the nature of the violation changes entirely. In this scenario, they would not only bear full civil compensation but also potentially face criminal liability.
Regarding those who assist in traffic accidents, the Civil Code clearly states that rescuers are not liable for civil damages caused to the rescued person due to voluntary emergency rescue actions.
Similar to rescuing a drowning person, a fractured rib during cardiopulmonary resuscitation (CPR) is an unavoidable, normal risk in first aid, and the rescuer is not responsible for it.
In the Jingjiang incident, whether the driver was injured when the car window was broken or sustained other injuries during CPR, as long as these are normal, unavoidable risks during the rescue process, all rescuers are exempt from liability.
However, it is important to note that while the law protects good Samaritan actions, there are limits. For example, if one stops to help someone on a highway but fails to place warning signs behind the vehicle as required, leading to a rear-end collision and injuring others, the aforementioned clause cannot exempt them from liability. The law protects the act of helping, not carelessness during the rescue.
My Anh