摩托车手在多起撞车事故中的死亡:谁对死亡负责?(3例)

D.R. Schillaci
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引用次数: 0

摘要

2007年,意大利26%的两轮机动车伤害/死亡与摩托车手有关。然而,一辆电单车与另外两名道路使用者相撞的情况极少(4%),而一辆电单车与另外三辆车辆相撞的情况则更为罕见。一般来说,在MC-vehicle碰撞中,超过50%的事故是车辆驾驶员的过错,37%是摩托车手的过错。该研究涉及三起MC致命道路事故,其中摩托车手的死亡的罪责受到检察官的质疑,因为据推测是一辆或多辆车在摩托车手摔倒后碾过了他。这三个案例的关键问题是,在工程师顾问或警察当局进行碰撞动力学研究后,是否有可能将伤害归为特定的碰撞原因,并将摩托车手死亡的责任归为/排除在一个确定的主体(摩托车手本人和/或汽车司机)身上。案例(1)一名56岁的摩托车手在高速公路上与一辆突然停车的汽车前后相撞;因此,他被投射到一个混凝土交通岛上,被扔在泥土上,被另一辆车碾过。案例(2)一名29岁的摩托车手在东环路上摔倒在地上,可能是前后撞上了一辆汽车,并被两辆汽车连续快速碾过。案例(3)一名34岁的骑摩托车的人在北环路上突然摔倒在地上,原因不明;在急救过程中,他周围的医疗队被一辆与汽车追尾后推搡的救护车碾过。通过对指示的碰撞动力学的逐步分析和对尸检中发现的所有损伤的评估,该研究建议,在可能的情况下,对每个病例的损伤病因以及相关的责任分配和排除。
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Motorcyclists’ fatalities in multiple crashes: Who is responsible for death? (three cases)

In Italy in 2007, 26% of two-wheeled motor vehicle injury/fatalities concerned motorcyclists. However, it is rare (4%) that a motorcycle (MC) crashes with two other road users and even more exceptional is a crash between a MC and three other vehicles. In general, in MC–vehicle crashes, the vehicle driver is at fault in more than 50% of the cases and the motorcyclist in 37%. The study concerns three MC lethal road accidents in which the culpability of the motorcyclist's death was questioned by the prosecutor because it was supposed that one or more vehicles ran over the motorcyclist after a fall. The crucial question in these three cases was if it was possible to assign injuries to a specific crash-aetiology and to assign/exclude the responsibility of motorcyclist's death to a defined subject (motorcyclist himself and/or car drivers) after a crash-dynamics study made by an engineer consultant or by the police authority. Case (1) A 56-year-old motorcyclist on a highway had a front–rear end collision with a car that suddenly stopped; he was therefore projected against a concrete traffic island, thrown on the soil and run over by another car. Case (2) A 29-year-old motorcyclist on the East ring road fell on the soil, perhaps by a supposed front–rear end contact with a car and was run over by two cars in rapid succession. Case (3) A 34-year-old motorcyclist on the North ring road fell suddenly on the soil for unknown reasons; during first aid, the medical team around him was run over by the ambulance which pushed after a rear-end collision with a car. A stepwise analysis of the indicated crash dynamics and an evaluation of all the injuries revealed at autopsy, the study proposed, when possible, injury aetiology for each case and the related responsibility assignments and exclusions.

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