Our news (reporter Wang Songnan) On November 28th this year, a man from Dazu, Chen Gang, was hit and killed by a train while crossing the railway. His family sought compensation from the railway party, but they claimed no responsibility. "Why does the train hitting people mean hitting them for nothing!" Yesterday, Chen Gang's family told reporters that they had already entrusted a lawyer to sue the court and claim more than 450,000 yuan from Chengdu Railway Bureau.
According to reports, the Chen Gang family living near Youting Train Station in Dazu County have to walk across the railway every day to go out to take a bus to work, shop, serve, etc. At about 15:00 on November 28th this year, when Chen Gang crossed the railway about 700 meters away from Youting Train Station, he was hit and injured by passenger train No. 5612 from Chongqing to Neijiang, and died after being sent to Rongchang County Hospital for ineffective rescue.
According to local villagers, before the Chengyu Railway was opened, this accident section has always been the only way for residents. After the Chengyu Railway went through this section, because the railway department did not build other passage roads, it caused great inconvenience to the surrounding residents' travel, so the common people had to risk their lives to cross the railway.
Chen Gang's family said that there were many pedestrians on this section, but there was no underground passage or pedestrian overpass around, and there was no warning sign at the same time. The railway side did not take effective protective measures, which was the main reason for the accident.
After the incident, Chen Gang's family negotiated with the defendant and Dazu Train Station several times about the compensation issue, but they were told that Chen Gang should be responsible for the accident for walking illegally on the railway, and the railway transport enterprise would not bear the compensation responsibility. Therefore, Chen Gang's family sued Chengdu Railway Bureau, asking the court to order the defendant to compensate the defendant for the funeral expenses, death compensation, dependent's living expenses, transportation fees, accommodation fees, loss of income of personnel handling matters, and mental distress compensation totaling 450,052 yuan. Currently, the Chongqing Railway Transport Court has accepted the case and will try it soon.
Yesterday, the reporter found the telephone number of Chongqing Carriage Section through inquiry. A staff member who claimed to be a miscellaneous worker said that he really did not know, and needed to contact the "relevant department" for interview, then hung up the phone.
Lawyer's opinion
The key is the accident liability determination
Regarding this case, Wu Bo, a lawyer from Beijing Dacheng Law Firm Chongqing Branch introduced that according to relevant regulations, if the personal injury caused by the railway side is irresistible or caused by the victim's illegal crossing of the railway, the railway transport enterprise will not bear the compensation responsibility.
"If the crossing where the accident occurred is not set by the railway department, then the pedestrian violated the rules to cross the railway, and the victim should bear full responsibility." Lawyer Wu explained that if you cross the railway at a crossing set by the railway department, as long as the barrier and traffic lights are all normal, any accidents are the pedestrian's responsibility.
"For this lawsuit, the most important thing is the 'Accident Liability Determination Certificate' issued by the relevant railway departments." Lawyer Wu said that as long as it is determined to be the full responsibility of Chen Gang, it will be very difficult for his family to claim compensation.