The video above, titled "Two cars suffer damage due to a motorbike carrying a metal rod," raises the question of who is liable for the damage to the car: the truck driver, the motorcyclist, or both?

According to Hanoi Bar Association lawyer Dang Thanh Chung, the first step is to determine each vehicle's fault. The 2024 Road Traffic Safety and Order Law states that motorbikes may not carry loads exceeding 0.3 meters beyond the width of the carrier on each side and 0.5 meters beyond the rear, as per the manufacturer's design. The load's height, measured from the road surface, cannot exceed 2 meters.

In this scenario, the motorbike was carrying a bulky load, violating the law. The lack of safety measures to secure the long, hazardous metal rods created a significant risk of an accident, potentially causing severe harm to people and property.

The 2015 Civil Code stipulates that anyone whose actions infringe upon another's property, health, life, or legal rights and interests, causing damage, must compensate the injured party. Compensation follows the principle that the at-fault party is liable for all damages. If the injured party shares responsibility, they are not entitled to compensation for the portion of damage they caused. Parties can agree on the compensation amount, whether monetary, in-kind, or through services, and whether paid in a lump sum or installments, unless otherwise stipulated by law. The responsible party may receive a reduced compensation amount if they are not at fault, or if their negligence resulted in damages disproportionately large compared to their financial capacity.

However, accurate liability determination requires a comprehensive understanding of the situation and the vehicles involved. Were the two cars at fault for failing to observe the obstruction and reduce speed, maintain a safe following distance, or operate their vehicles under appropriate mental and physical conditions? If multiple parties share responsibility, for instance, the motorbike carrying the bulky load caused damage, but the car also failed to maintain a safe distance or violated traffic regulations, the 2015 Civil Code dictates that liability is shared proportionally to each party's fault. The authorities will determine fault based on case files, testimonies, evidence, and on-site reports.

Nguyen Vu