How can truck drivers be punished?

Video of the accident that killed a pedestrian on the spot.

On July 16, at Km78+750 of Noi Bai - Lao Cai Expressway (Cam Khe Town, Cam Khe District, Phu Tho Province), an accident occurred, causing Ms. Nguyen Thi Thanh N. (born in 1979, residing in Van Phu 1 Area, Cam Khe Town, Cam Khe District, Phu Tho Province) to die on the spot.

Immediately after the accident, the truck driver left the scene. The authorities have arrested the driver and are urgently investigating the cause. It is known that driver Dinh Quang D. (born in 1999, residing in village 5, Tan Dong commune, Tran Yen district, Yen Bai province) was identified as the driver of the truck with license plate number 21C-073.58.

Regarding the incident, responding to VTC News reporter, Lawyer Dang Van Cuong (Head of Chinh Phap Law Office - Hanoi Bar Association) said that pedestrians entering the highway is not in accordance with the law, however, if the verification results show that the pedestrian was standing on the edge of the road and the car driver drove into the edge of the road causing an accident, then it is determined that the driver was at fault.

The driver's lack of attention led to the accident and can be prosecuted for "violating road traffic regulations".

The scene of the accident left one person dead on the spot.

According to Lawyer Dang Van Cuong, the Road Traffic Law also stipulates that drivers of road vehicles must pay attention to observation, control speed and keep distance from the vehicle in front. When encountering obstacles, they must reduce speed, possibly to the point of stopping the vehicle.

“A driver of a vehicle on a highway can only be determined to be not at fault if it is an unexpected situation or if there is an object obstructing or obstructing the view due to terrain or weather leading to an accident with serious consequences, then criminal liability will be excluded.

In cases where pedestrians, motorbikes, or non-motorized vehicles entering the highway are the main cause of the accident, a criminal case may not be initiated. This issue depends on whether the accident was an unexpected event for the motor vehicle driver or not," said Lawyer Cuong.

Criminal prosecution may be initiated when the investigating agency sees the situation where the driver recklessly overtook, crossed lanes, hit and killed a pedestrian on the highway and then fled on July 16.

However, when watching the video, Lawyer Cuong saw that the truck had swerved to the left to avoid the car in front, the wheels crossed the painted line and collided with a pedestrian at the intersection, leading to a serious traffic accident that killed the victim.

According to Lawyer Cuong, the cause of the accident can be determined to be the truck driver's lack of attention and crossing the painted line. "In the above accident, the weather conditions were normal, visibility was good, and the road was straight and unobstructed. A normal person could completely see the pedestrian standing on the edge of the road inside the painted line.

If the truck driver had been driving on the right side of the road, in the right lane, at the right speed and paying attention, the accident would not have happened. Therefore, in this situation, it is very likely that the investigation agency will initiate a criminal case because there is a basis to determine that the driver of this truck was at fault for not paying attention and driving on the wrong side of the road, leading to the traffic accident," Lawyer Cuong analyzed.

According to Lawyer Cuong, in this traffic accident, the pedestrian who entered the highway was also at fault, however this was an administrative error and did not necessarily lead to the accident.

If the victim is determined to be mentally ill and incapable of cognition, there is no basis for determining fault on the part of the mentally ill person.

“Pedestrians walking on the road, especially on the highway or running across the highway, are dangerous behaviors. If a traffic accident occurs because a pedestrian is running across the road, then the pedestrian’s fault for the traffic accident can be determined.

This person has also died, so determining fault does not have much meaning. As long as there is evidence that the driver of this truck is at fault, the investigation agency will initiate a criminal case because the consequences of the accident are especially serious," Lawyer Cuong stated.

According to Lawyer Cuong, pedestrians, rudimentary vehicles, motorbikes, motorcycles and tractors; specialized motorbikes with a design speed of less than 70km/h are not allowed to enter the highway, except for people, vehicles and equipment serving the management and maintenance of the highway.

In the case of a truck driver hitting a pedestrian on the highway, Lawyer Cuong said that the authorities will investigate and clarify the identity of the truck driver, conduct a crime scene investigation, autopsy, collect traces left at the scene, and take witness statements to consider and handle the case according to the provisions of law.

"If the verification results show that the driver of this truck is at fault and causes a traffic accident with serious consequences, the investigation agency will initiate a criminal case for violating regulations on road traffic participation according to Article 260 of the Penal Code with the penalty of imprisonment from 1 to 5 years for the violator.

In case the person causing the accident is at fault but flees to avoid responsibility or violates the alcohol concentration, the penalty is imprisonment from 3 to 10 years. In case the person causing the accident intentionally does not appear before the authorities, he will be wanted, and if caught, he will be detained to serve the investigation," said Lawyer Cuong.

According to Lawyer Cuong, this incident will be a lesson for drivers who have the habit of speeding, disregarding the law, violating road traffic laws, and also a lesson for pedestrians who intentionally enter the highway, endangering other vehicles participating in traffic.

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