Why did the Australian go on road trip woman die in a car accident, and her driving companion was compensated 850,000 yuan?

On 20 15 10, Miss Wang and her classmate Cao made an appointment to travel to Australia. In order to better feel the beautiful local scenery, the four people decided to rent a car in go on road trip after discussion, and the expenses such as renting a car were shared equally by the four people. After arriving in Tasmania, Australia, the group rented a car and started the expected trip.

However, not long after the journey began, an accident that no one expected happened. At noon on the day of the incident, 12, when the car driven by Miss Wang tried to overtake a truck, the vehicle lost control and crashed into a tree on the side of the road. The accident caused the driver Zhu and the front row passengers to be slightly injured, and Miss Wang and another companion sitting in the back row were seriously injured. The injured were rushed to the hospital for treatment. Unfortunately, Miss Wang was pronounced dead on the way to the hospital because of a serious abdominal injury.

In the face of her daughter's sudden death, Miss Wang's parents not only suffered a huge blow, but also the compensation for the accident has been inconclusive. For all this, Ms. Wang's parents pointed the finger at Zhu, who was driving the vehicle when the accident happened. In their view, Zhu's fault was the whole cause of the accident. If it is suitable for overtaking, traffic accidents can be avoided.

After many unsuccessful negotiations on compensation, Miss Wang's parents sued Zhu to the court, claiming compensation of 6.5438+0.28 million yuan for death compensation, transportation expenses, funeral expenses, mental damages and psychological trauma treatment for immediate family members.

After hearing the case, the court held that Miss Wang and Zhu were renting a car in go on road trip. When Zhu tried to overtake a truck while driving, he failed to maintain proper control of the vehicle because of improper overtaking, causing the vehicle to turn to the front of the car and hit a tree, causing Miss Wang to be seriously injured and die. Zhu should bear the corresponding liability for damages. Although Zhu provided a series of evidence to prove that the legal basis of Miss Wang's parents' claims was insufficient, the evidence was formed overseas and was not certified by Chinese embassies abroad, so it was difficult for the court to accept it.

The court held that Miss Wang, as a passenger, should also foresee the potential risks of riding a motor vehicle, and should be considered as voluntarily accepting the potential risks when accepting the ride. Therefore, the court should consider it as appropriate and appropriately reduce Zhu's liability for compensation. Accordingly, according to the ascertained facts and the degree of responsibility that Zhu should bear, the court decided to compensate Ms. Wang's parents for death compensation, funeral expenses, mental damages, transportation expenses and visa fees, immediate family members' psychological trauma treatment fees, lost time, translation fees, lawyer fees, etc. , totaling RMB 856,000.