Ganzi Daily December 23, 2019
[Case] Who should claim for a traffic accident with a courier delivery vehicle?
In August 2019, a courier company A of the courier company Zha drove an unlicensed electric tricycle (marked with A courier company) and a pedestrian Lee had a traffic accident, causing Li to be injured. The transportation department determined that Zha was responsible for the accident. Full responsibility. Li sued to the court and asked A Express to pay a total of 15,600 yuan for medical expenses and lost-work expenses. A express company refused to accept compensation for its failure to sign a labor contract with Zha.
The Kangding People's Court found that the behavior of a courier Zha during the delivery of a courier was a "conduct work task" is usually the focus of the dispute. Due to the high fluidity of the courier and the irregular management of the courier company, the labor contract has not been signed. However, external signs such as unified vehicle identification and uniform tooling all constitute a general consensus among courier members belonging to the courier company of A, and it can be determined that labor relations exist between the two parties. According to Article 34, Paragraph 1 of the "Tort Liability Law", "If an employee of an employer causes damage to another person as a result of performing a work task, the employer shall bear the tort liability". A courier company shall respond to the courier when performing the task. The damage occurred bears tort liability, so the final judgment supported Li's claim.
With the rapid development of the courier industry, traffic accidents caused by courier delivery have also shown a straight upward trend.
For courier operators and employees, safety education should be strengthened first. Couriers should strictly abide by traffic regulations when driving vehicles. They should actively compensate external parties for accidents caused by courier violations of traffic regulations, and establish internal penalties. Secondly, the courier company may consider insuring insurance for the vehicle. In the event of an accident, insurance claims can be passed to save manpower, material and financial resources. Third, courier companies should standardize their operations, sign written labor contracts with courier, clarify the rights and obligations of both parties, and assume the responsibility of the employer if an accident occurs due to the execution of official duties. For the counterparty in a traffic accident, it is possible to identify the subject of the other party's infringement by identifying the identity of the vehicle and the dress of the courier, etc., and preparing for the right protection.
Contributed by Kangding People's Court
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