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案例链接:新华网济南7月20日电高速公路的中央分隔带留有豁口,一货车司机违章调头,与一辆轿车相撞,导致5人受伤。伤者将肇事者和高速公路管理部门一同推上法庭。近曰,山东省高级人民法院做出终审判决,认定公路管理部门承担“补充赔偿责任”。事情发生在2003年8月,郭某等人乘坐一辆小轿车沿博(山)莱(芜)高速公路正常行驶时,一名货车司机穿越中央分隔带违章调头,与轿车相撞,造成郭某等5人受伤。经交警部门认定,货车司机李俊生负事故全部责任。受害者认为,管理部门在高速公路中央分隔带违规开设道口,导致货车司机在此违章调头,酿成事端,应对人身损害承担连带赔偿责任。然而,莱芜市中级法院判决肇事司机赔偿受害者35万元,司机的雇主承担连带责任,公路管理部门免责。原告不服,上诉至山东省高级人民法院。省高院经审理后认定,管理部门将高速公路中央分隔带的活动护栏长期处于开口状态,且没有设置明显的警示标志,为交通事故的发生留下了隐患,故判决肇事司机赔偿39万余元,雇主承担连带责任,菜芜市公路管理局承担补充赔偿责任。
Case Link: Xinhua Jinan July 20 (Xinhua) Jinan Expressway left the gap with the central divider, a truck driver unconventional U-turn, collided with a car, killing five people were injured. The wounded pushed the perpetrators together with the highway administration to court. Recently, the Higher People’s Court of Shandong Province made a final judgment that the highway management department assumed “supplementary liability”. It happened in August 2003 when Kwak and others took a car along Bo (Mountain) Lai (Wu) Expressway normal driving, a truck driver crossed the central zone of illegal traffic regulation, collided with the car, resulting in Guo Some 5 others were injured. The traffic police department found that the truck driver Li Junsheng all responsibility for the accident. Victims believe that the management department opened a crossing at the central strip of the expressway in violation of regulations, causing the driver of the truck to turn his head over and cause accidents, and should bear joint and several liability for personal injury. However, the Laiwu Intermediate People’s Court ruled that the driver of the accident should compensate the victim for 350,000 yuan. The driver’s employer should assume joint liability and the highway administrative department should be exempt from liability. The plaintiff refused to accept the appeal to the Shandong Provincial Higher People’s Court. Provincial High Court after hearing that the management department of the central highway dividers of the activities of the fence for a long time in the open state, and did not set obvious warning signs, leaving a hidden danger for the occurrence of traffic accidents, it was sentenced to more than 39 million driver compensation Yuan, the employer assumes joint and several liability, and the Bureau of Highway Administration of Wuhu City assumes the supplementary liability for compensation.