Driving the vehicle to use the light to cause damage to others to pay compensation

A week before the rainy night, Liu driving the car home to a corner, and a driving beam coincides with the opposite, because it has not high beam switch for headlight, causing Ms. Liu in the sight of the light rays under severely affected, despite the slowdown, but still hit the roadside barrier, although not casualties, because car damaged and spent more than 13000 yuan cost of repairs. When Mrs. Liu asked for a compensation, but was rejected, the reason for the car is his own, want how to dominate how to control, how to open on how to open, Ms. Liu is simply not. What's more, even if he did not change the light, Liu also completely can stop the car, causing the accident is Miss Liu himself to take measures, naturally no right to blame on him.

So, the beam of the right?

Liang said that the argument is wrong, it must bear tort liability for damage.

To determine the behavior of people should bear tort liability for damages, mainly to see whether the behavior has four elements: the causal relationship between the behavior is illegal behavior, whether there is fault, whether the result of damages, behavior and damage result. First of all, the illegal Liang in the meeting did not transform the behavior of light. Because the "road traffic safety law" Regulations for the implementation of article forty-eighth (five), fifty-eighth and fifty-ninth of the first to use far and near light has made it clear that: "the night will be in the car from the opposite direction to 150 meters outside the vehicle near light switch should be used in narrow, narrow bridge and the non motor vehicle." "No lights, night lighting vehicle in poor or in case of fog, rain, snow, dust, hail and other low visibility conditions when traveling, should open the headlight, profile lamp and rear position lamps, but the car traveling in the same direction with the car running at close range, shall not use the high beam light. Motor vehicle driving in fog should open fog and hazard warning lamp." "Motor vehicle at night by sharp bend, slope road, bridge, crossing or no traffic signal control of the intersection, should alternate distance light." The beam from rainy night, in the corner, facing the opposite to the car, there has been no light will switch to the contrary, the obvious. Secondly, the beam is a fault. Although Liang does not want a traffic accident, but he should not see their own light, will cause other people's vision blind, very easily lead to traffic accidents, but indifferent, or negligence, trust can be avoided, so arbitrary. Again, Liu has suffered an objective, that is to use more than 13000 yuan to repair costs. Fourth, Liu hit a roadside fence and a beam will not light switch for the existence of a causal relationship between the behavior of a beam, which has led directly to Liu affected by the sight, and can not make the right judgments. Even though Liu may exist to take measures to reduce the risk, but this can not rule out the damage caused by the beam and its impact, and can only be appropriate to reduce the share of the beam should bear a loss. Because the "tort liability act" twenty-sixth has been stipulated: "the infringement of the occurrence of damage is also a fault, can reduce the liability of the tort."

The above information is provided by the traffic signal lamp factory