Mr. Xie's son died instantly in a car accident. Photo by reporter Bi Zhiyi of the Express Newspaper. The traffic police defined the incident as a traffic accident, but the parties involved considered it as negligent homicide, leaving the case unresolved for half a year.
■Reporter Ruan Jianhua of the Express Newspaper
On the morning of August 16 last year, a serious car accident occurred in a high-end residential area in Tianhe, resulting in the instant death of a three-year-old boy and severe injuries to his mother, Ms. Li, and their nanny, Ms. Tang. A once happy family was thus shattered. Half a year later, on January 5, 2012, the boy's father, Mr. Zhang (a pseudonym), found the reporter, crying and complaining that the matter had still not been resolved. He claimed that after the accident, the female driver responsible, Ms. Lu, was released four hours later, and the investigation results of the incident have yet to be received.
Review: Luxury Car Lost Control and Mounted the Sidewalk
On the morning of August 16 last year, Ms. Li, who lived in a high-end residential area in Tianhe, took her three-year-old son, Xiao Liang (a pseudonym), and the nanny, Ms. Tang, to the neighborhood supermarket to buy groceries. At around 9:50, when the three were near a parking lot entrance, they were hit by a white luxury sedan that suddenly mounted the sidewalk from behind. When the ambulance arrived, Xiao Liang had already died from severe injuries, while Ms. Li and Ms. Tang were severely injured and immediately taken to the Third Affiliated Hospital of Southern Medical University for emergency treatment. Ms. Tang suffered serious fractures in her lower limbs, pelvis, and femur and is still hospitalized.
Afterwards, the Tianhe traffic police issued a road traffic accident determination letter, holding the owner of the offending car primarily responsible and Ms. Li and others secondarily responsible. In December last year, Mr. Zhang, Ms. Li’s husband, filed a review application with the Guangzhou Public Security Bureau Traffic Police Corps due to objections to the original determination, and the event was re-investigated and re-determined.
On the day of the incident, another homeowner in the same neighborhood, Mr. Li, was driving behind them at the time. He described how the white car ahead suddenly swerved its steering wheel sharply to the right, "The speed was very fast, possibly mistaking the brake for the accelerator." He insisted, "When it hit people, it was definitely on the non-motor vehicle lane, one hundred percent."
Progress: Case Still Unresolved After Half a Year
Recently, Mr. Zhang contacted this reporter, stating that the matter has still not been resolved, "Half a year has passed, and I still haven't gotten justice for my son. Each day feels like a year." The progress of the case surprised him. "The police released her (the offender) after just four hours. They have never apologized to us voluntarily and are even using lawyers to argue with us," said Mr. Zhang. When he received the traffic accident determination letter, which ruled that his wife should bear secondary responsibility, he was shocked, "We were walking properly on the sidewalk and got hit by a car, yet we are still held responsible?"
Mr. Zhang believed that the traffic accident determination letter issued by the traffic police was based on the nature of road traffic, but since the incident occurred within the residential area, it was a non-road traffic accident, "This isn't a traffic accident crime, but rather a negligent homicide crime." To prove his point, he consulted relevant government departments and the residential area management office, confirming that the roads within the residential area are under closed management and not within the scope of municipal road maintenance. He filed a review application with the Guangzhou Public Security Bureau Traffic Police Corps, but the new investigation results have also been delayed.
Mr. Zhang stated that next, he plans to take the other party to court in order to seek justice for his son. He believes that since the incident occurred on a residential area road, it should be considered negligent homicide rather than a traffic accident, hoping for fair handling.
Lawyer's Opinion:
Should Bear Negligent Homicide Crime?
Lawyer Tan Yixiang from Guangdong Xuri Law Firm believed that according to the Supreme People's Court's "Interpretation on Several Issues Regarding the Specific Application of Law in Handling Criminal Cases of Traffic Accidents," "Outside the scope of public transportation management, driving motor vehicles or using other means of transportation causing death or significant loss to public or private property, if constituting a crime, shall be sentenced and punished according to Articles 134, 135, 233, etc., of the Criminal Law."
"If the roads within the residential area do not belong to municipal roads, then the judgment should follow the above interpretation," said Tan Yixiang. Based on the analysis of the case, the offender, Ms. Lu, should bear the crime of negligent homicide.
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