Clarifying the bus company's responsibility in the tragic accident in Gia Lai

According to initial investigation, after traveling more than 20km at a speed of about 100km/h, the truck swerved into the opposite lane, crashing straight into the passenger bus, killing 13 people and injuring more than 30 others.

The passenger bus was completely deformed after being hit by a truck in a horrific accident on the morning of May 7 - Photo: DINH VAN

The tragic accident on the morning of May 7 on Ho Chi Minh Road in Chu Se town (Chu Se district, Gia Lai province) when a fertilizer truck crossed into the opposite lane, crashed head-on into a passenger bus carrying 43 people, killing 13 people and injuring more than 30 others.

The vehicle owner causing the accident must be responsible for compensation for damages.

According to Gia Lai Provincial Police, initial investigation results show that the truck driver was completely at fault in the tragic accident above.

After the accident, Deputy Prime Minister Truong Hoa Binh sent his condolences to the victims and their families and requested that authorities conduct a comprehensive inspection of the implementation of legal regulations on transportation business for the two vehicle owners involved.

In the above accident, many legal experts believe that the truck owner must be primarily responsible for all damages in the accident.

According to lawyer Vu Quang Duc - Ho Chi Minh City Bar Association, truck drivers and owners face two types of liability: civil and criminal.

In civil matters, the vehicle owner must be the first to bear responsibility for all damages to the health, life and property of the victims.

Specifically, the vehicle owner must compensate the victims for funeral expenses, medical treatment, health damage and mental damage. At the same time, the vehicle involved in the accident must also compensate for the value of damaged property.

Priority must be given to resolving the case for the victim first, and the joint responsibility for compensation between the vehicle owner (car company) and the driver or the third party (insurance) will be calculated later between these entities.

Need to investigate and consider criminal responsibility

In terms of criminality, in addition to the criminal responsibility of the driver (who is completely at fault and directly causes the accident), there may also be criminal responsibility of the vehicle owner (car company) in this accident with particularly serious consequences.

Specifically, on the driver's side, the person who directly controls the truck - a source of high danger, is at fault in causing casualties to many people, and can be prosecuted for violating regulations on driving road vehicles according to Article 202 of the 1999 Penal Code (with a maximum penalty of up to 15 years in prison if causing particularly serious consequences).

On the part of the vehicle owner (carrier), the authorities need to clarify that if the vehicle owner delivers or mobilizes a vehicle (truck causing an accident) that does not ensure technical safety (such as lack of inspection, damaged vehicle parts...) causing an accident, the vehicle owner (carrier) may be considered for putting into use unsafe road vehicles.

Second, it is necessary to investigate clearly if the vehicle owner (car company) hands over the vehicle to an unqualified driver, there are signs of violating the crime of mobilizing or handing over to an unqualified person to drive road vehicles (Article 205 of the Penal Code).

For example, if a car owner (car company) uses a driver who is not in good health, does not have a driver's license, has an inappropriate driver's license, is an addict, or regularly uses stimulants... then it is clearly a violation.

If the vehicle owner (car company) delivers or mobilizes a vehicle without ensuring technical safety for the driver and without the driver being qualified to drive, there are signs of violating both of the above crimes.

Agreeing, lawyer Nguyen Duc Lam - Director of the Phu Nhuan District Legal Consulting Center, Ho Chi Minh City also commented on the separation of criminal responsibility between the driver and the vehicle owner as above.

Lawyer Duc Lam also requested the authorities to clarify whether the bus company complied with the regulations on business licenses and business conditions. If there is a violation, it may be subject to administrative sanctions and license revocation.

Accident location map - Graphics: NH. KHANH

According to Tuoi Tre