Responsibility Identification On Highway Vehicle Damage Caused By Spilled Materials

With the rapid development of China’s economy, the transportation industry has also been a great development, legal issues attendant increasing. In practice, due to the scattered objects on the highway caused by the loss of a vehicle or person caused a lot of disputes, the author through the analysis of such cases, noting that such cases exist in legal disputes and related legal application, and describes himself dealing with such cases and improve the view of some of the recommendations on.This paper Hyder Insurance Company v. Shanghai-Hangzhou-Ningbo Expressway Company Limited this typical case, combining the relevant laws, regulations and requirements of the highway industry standards, focus on the case elaborate and assessment. From the content of this article is divided into three parts:The first part: the verdict "Hyder Insurance Co. v. Ningbo Expressway Company case," the basic case and the court conducted a brief, pointed out that in dealing with legal disputes that exist in the present case, paving the way for the analysis made after the text.Part Ⅱ: Focus on disputed legal analysis. Firstly, whether the highway operators to bear legal responsibility. Second, under certain highway operators to bear the legal responsibility of the premise, is discussed in breach of its commitments or tort liability, and to analyze the legal basis for tort liability and Elements. Finally, we discuss the issues related to the allocation of responsibilities, the burden of proof on the allocation of responsibility principle and analyze the identified case motorway operator shall be liable for supplementary compensation.Part Ⅲ: The second part of the analysis and summary of the case, combined with the actual situation and the author’s understanding of our country, for the elucidation of some of their thinking in such cases, and put forward relevant proposals.