过失致人重伤罪
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法治在线丨突然开门下车酿悲剧 “开门杀”法律责任如何界定?
Yang Shi Xin Wen· 2025-11-13 07:12
Core Points - The article discusses a tragic incident in Beijing where a driver opened a car door without checking for oncoming traffic, resulting in the death of a cyclist [1][4][6] - The driver, Zhao, was found fully responsible for the accident and was later charged with traffic manslaughter [8][12] - Legal implications of "dooring" incidents are highlighted, including potential criminal charges and insurance liability [19][21] Group 1: Incident Details - The accident occurred on May 21, when a white car parked illegally opened its door, causing a cyclist to crash and sustain severe injuries [1][3] - The cyclist, Zhang, suffered critical brain injuries and died four days later despite medical efforts [4][6] - Zhao, the driver, was found to have parked in a no-parking zone and failed to check for traffic before opening the door, violating traffic safety laws [6][10] Group 2: Legal Proceedings - The case was prosecuted by the Beijing Shunyi District People's Procuratorate, leading to a court hearing on October 16, 2025 [8][12] - Zhao admitted to his actions in court, and the court ruled that his behavior constituted traffic manslaughter, sentencing him to one year and two months in prison [12][18] - Legal experts noted that in severe cases of "doorings," the responsible party could face various charges depending on the circumstances [14][16] Group 3: Insurance and Liability - The Supreme People's Court issued a draft opinion to clarify liability in "dooring" incidents, stating that both drivers and passengers can be held responsible [19][21] - The draft allows victims to claim insurance from the vehicle's liability coverage without being hindered by the passenger's status [21][25] - Insurance companies are granted the right to seek compensation from passengers who exhibit gross negligence, balancing victim compensation and risk management [25][27] Group 4: Prevention Methods - The article suggests methods to prevent "dooring" incidents, such as the "Dutch reach" technique, which involves using the hand furthest from the door to open it [28][30] - Another recommended method is the "two-stage door opening," where the door is first opened slightly to check for traffic before fully opening [31][33] - Pedestrians and cyclists are advised to maintain a safe distance from parked vehicles and be cautious when approaching them [35]