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| 等 级：资深长老 |
| 经 验 值：11474 |
| 魅 力 值：2187 |
| 龙 币：20411 |
| 积 分：11806.4 |
| 注册日期：2005-01-16 |
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我试一下
I have examined the fictitious factors twice.
Under Chinese (Beijing) law, An infant who is under 12-year-old has no legal right to ride his bicycle on a public road. The infant rider has insufficient ability to manipulate a bicycle. This is a presumption of fault no matter how competent he actually is.
Furthermore, the driver of motor vehicle has been imposed a legal duty to guarantee the safety of bike-riders and pedestrians. There would be another presumption of fault raise out of the driver`s duty while accident occurred.
In this case, the presumption of faults, neither the insufficient of age nor the duty of navigate with caution, is the proximate cause of the accident. Traffic police officers would investigate the immediate cause of the accident primarily and disregard the presumption of faults.
The infant should be partly responsible for the accident. In this situation, the ratio of liability would be no more than 30% (infant) and his counterpart should be liable for the rest proportion.
Riding a bicycle on a public road while the rider is under 12-year-old is kind of intent conduct which violating law directly rather than be kind of negligence. Citizen who under 14-year-old is exempted any punishment by traffic law.
(此文由飞镝在2013-06-21 21:54:25编辑过)
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2013-06-21 11:20:11
