Chapter 1274

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Protagonist:

Li Xiulan

Around ten o'clock in the morning, Zhou Wenbing arrived.

He briefly inquired about the situation with the three brothers Wang Dashan, Wang Erhai, and Wang Xiaohua.

Then he said:

"If you want to change the liability determination now, you must find more of the freight truck driver's erroneous actions, because responsibility does not disappear; it can only be transferred."

Du Xiaojuan deeply agreed with Zhou Wenbing's statement.

Wang Dashan couldn't help but feel a bit guilty:

"Isn't this a bit unfair to that freight truck driver?"

Du Xiaojuan immediately glared and shouted at him:

"Now you know to be soft-hearted? What were you doing earlier! Your second brother, your third brother, and I persuaded you so many times; if you had listened even once, how could there be this mess now!"

Du Xiaojuan also said in an unquestionable tone:

"From now on, you shut your mouth the whole time and hand it over to Lawyer Zhou to handle!"

Wang Erhai also felt that things had come to this, there was only this way, no other better method.

Wang Xiaohua didn't say a word, said nothing.

Zhou Wenbing began, in his capacity as Wang Dashan's agent lawyer, to negotiate with the police and apply to review detailed materials related to this accident.

After obtaining the review rights, he began to scrutinize details word by word, finding the mistakes committed by the freight truck driver Zhang Jianguo from within.

"According to the driver's statement, it is very obvious that he braked to slow down when passing the sharp turn, but did not honk to alert pedestrians; this is very clearly his negligence..."

When Zhang Jianguo passed the sharp turn, he indeed did not honk, mainly because it was past three in the morning; who could have imagined that behind the sharp turn there would be a massive crowd of people on the road?

Besides, this mountain highway has so many sharp turns; if he had to honk at every sharp turn, how many times would he have to press it?

However, according to the Road Traffic Law, he really should have honked once; since he didn't, he must bear a portion of the responsibility.

"At the first moment of the car accident, the freight truck driver neither called the police nor went to check on casualties, and didn't even set up the warning triangle; this is also his negligence..."

Zhang Jianguo was scared stupid at the time, his mind a total blank; how could he still have the presence of mind to do those things?

Additionally, he saw Wang Xiaohua had called the police, Wang Erhai went behind the truck to shine a flashlight warning oncoming vehicles, and then Wang Dashan and many villagers went to move the injured to the roadside; he himself didn't do anything, and didn't dare to do anything.

He was afraid that if he walked over to help rescue the injured, he would be swarmed and beaten to death or crippled by the villagers, so he just waited honestly beside the heavy truck for the traffic police to arrive.

However, his doing nothing was indeed also a kind of negligence.

Zhou Wenbing quickly found two instances of negligence by Zhang Jianguo, but these minor negligences were still not enough to make him bear primary responsibility.

These minor negligences, the traffic police side certainly knew clearly as well.

So that was why they judged Zhang Jianguo 30% responsibility.

To make Zhang Jianguo go from secondary responsibility to primary responsibility, a major error by Zhang Jianguo must be found!

Driving at past three in the morning, obviously rushing, driving very urgently, with little rest time; then there is a very high possibility of fatigue driving!

Zhou Wenbing thought of this point!

His train of thought instantly connected!

As long as evidence of Zhang Jianguo's fatigue driving is found, the previous liability determination by the traffic police can be overturned, making Wang Dashan secondary responsibility and Zhang Jianguo primary responsibility!

So Zhou Wenbing immediately applied to the police, requesting an investigation into Zhang Jianguo's driving records, to ascertain whether Zhang Jianguo had fatigue driving!

Zhou Wenbing's proposal was within the scope of normal appeals; the traffic police side had no way to refuse, so they went to investigate!

The investigation revealed that before the accident occurred, Zhang Jianguo had already driven continuously for 4 hours and 19 minutes!

The determination standard for fatigue driving is: continuous driving exceeding 4 hours, or within 24 hours, cumulative driving time exceeding 8 hours!

And Zhang Jianguo drove continuously for 4 hours and 19 minutes, very clearly already falling under the legal definition of fatigue driving!

Once this was investigated and revealed, the situation instantly reversed.

The traffic police side all knew that this time Zhang Jianguo was finished!

The traffic police went to question Zhang Jianguo why he didn't rest midway.

Zhang Jianguo knew he couldn't deny it, so he could only explain that to save expressway tolls, he took mostly national highways and provincial roads, encountered no service areas, resting in the mountains wasn't safe either; he originally planned to reach the next town and find a place to stop and rest overnight.

This explanation of his made sense emotionally and logically; long-haul drivers, who doesn't drive a bit more if they can?

It's impossible to rest strictly within four hours every time; it's all roughly four or five hours, or when they can't hold on anymore, then find a place to rest.

But legally, it doesn't hold water.

The law is cold clauses; if violated, it's violated.

Zhang Jianguo also argued:

"Comrade Police, I was very awake at the time, not fatigue driving at all; it's just that sharp turn had a very large visual blind spot, the moment I saw the person I braked, but due to the heavy truck's large inertia, this caused the car accident!"

The traffic police could only sigh:

"I'm afraid this will be very difficult for you; the other side hired a professional lawyer, caught hold of your continuous driving for 4 hours and 19 minutes as leverage, they submitted the evidence and applied for reexamination; you have a high probability of becoming primary responsibility."

Upon hearing this, Zhang Jianguo was instantly struck as if by lightning.

Originally earlier, he had called his wife to report safety, saying he was secondary responsibility, insurance should cover it, telling his wife not to worry too much.

Never expected the reversal would come this fast!

Those extra 19 minutes actually dealt him a fatal blow!

"No, they were illegally occupying the road in the middle of the night, how come I'm primary responsibility? I don't accept it!"

Zhang Jianguo's head buzzed.

The traffic police looked at him with sympathy, but had no choice, and could only say:

"If you don't accept it, once a new Accident Determination Certificate is issued, you can also apply for a review. I suggest you hurry up and find a professional lawyer; you can't match the lawyer hired by the other side, after all, each profession has its specialty!"

Zhang Jianguo's face was full of bitterness:

"Where would I get that kind of money……"

The traffic police then said:

"If you are held mainly responsible because of fatigue driving, Compulsory Insurance will compensate you, but Commercial Insurance will most likely not pay. By then, the money you have to pay will probably be an astronomical figure. Compared to that astronomical figure, the cost of hiring a lawyer doesn't count as money. So, you decide for yourself!"

Zhang Jianguo was stunned, completely stunned.

He knew the traffic police hadn't deceived him; regarding car insurance claims, he was relatively familiar.

Compulsory Insurance would pay, but the compensation amount was limited.

This car accident resulted in seven deaths and eleven injuries; relying solely on Compulsory Insurance, it simply could not cover all compensation!

If Commercial Insurance didn't pay, then he was truly finished!

So after the traffic police left, he took out his Mobile Phone with trembling hands and called the people he knew in his Contact List one by one, hoping to find a reliable lawyer to help.

Actually, the traffic police hadn't told him the most important point: if it was ultimately determined that the car accident was caused by his fatigue driving, he would not only have to bear Primary Responsibility and pay an astronomical compensation, but would also very likely go to prison.

……