At 7:44 am on April 12, a traffic accident occurred in Xingyang, Zhengzhou. A muck truck was suspected of occupying a left-turning lane and ran a red light and went straight. The member died on the spot.
Regardless of whether the driver of the muck truck runs a red light or not, he shall bear criminal responsibility for the crime of causing traffic accidents or endangering public safety by dangerous means. The main dispute is whether the muck truck should go straight or turn left. The analysis is divided into two situations: one is that the driver of the muck truck illegally uses the left turn to run a red light and go straight. In this case, the muck truck runs red lights, uses lanes illegally, does not fulfill the duty of safe driving, violates the provisions of the Road Traffic Safety Law, and causes an accident, bears all or the main responsibility of the accident, resulting in the death of more than one person. If the driver is subjectively negligent and intentional, it constitutes a crime of traffic accident; if the crime of driving is subjectively indirect intentional or direct intentional intention, it constitutes a crime of endangering public safety by dangerous means. Therefore, the characterization of this situation requires a distinction between drivers. Subjective thoughts. Second, the driver of the muck truck turned left. In this case, the driver of the muck truck did not run a red light, but he did not slow down at the crossing and did not fulfill his duty to drive safely. It also violates the provisions of the Road Traffic Safety Law, although there are violations by electric vehicle drivers. Occupying a motor vehicle lane to turn left, but the driver of the muck truck still has to bear the main responsibility for the accident, resulting in the death of more than one person, which constitutes a traffic accident crime. It should be noted that from the surveillance video on the scene, although the muck truck may turn left when passing the stop line, it is difficult to rule out the possibility of running a red light and going straight. One is that the driver of the muck truck suddenly discovers that there is an electric vehicle. The car, subconsciously avoids turning to the left; second, it does want to turn left, but turning to the left at this speed may cause the vehicle to roll over. Therefore, it is necessary to verify the subjective mentality of the driver of the muck truck through other evidence, so as to pursue the corresponding criminal responsibility.