Research On The Tort Liability Of Personal Injury Caused By Non Traffic Accident Of Online Car Hailing

Online car Hailing is the product of the combination of Internet and traditional taxi industry.Since its emergence,most scholars have focused on how to regulate it and how to impute the responsibility after the traffic accident.Few scholars have paid special attention to the tort liability for personal injury caused by non traffic accident.In recent years,several tort cases of personal injury to the passengers of online car Hailing have been known to all.However,from the existing judicial practice cases,the plaintiff of the case is not clear about the subject of tort liability,and the judges also have differences on the form and rules of tort liability,so it is necessary to study the responsibility of such tort cases.There are main business types such as special car business,express car business and tailwind car business in the network car Hailing operation company.In the special car and express car business types,the operation company is the carrier service platform,and forms labor legal relations and new forms of cooperation relations with different types of network car Hailing drivers respectively.Under the labor relationship,the operating company,as the main body of tort liability,bears the substitute liability for the driver,but in the case of intentional or gross negligence of the driver,it can recover from the driver;under the new form of cooperation,the driver and the operating company jointly act as the main body of tort liability,and jointly bear the joint and several liability,which shall be borne by the operating company Liability in advance.In the type of downwind business,the operating company is the intermediary service platform,and the driver and the operating company are the intermediary service contract relationship.In general,the driver is the subject of tort liability and bears his own responsibility;only when the operating company is at fault for the damage result,the operating company as the subject of tort liability shall bear the share responsibility,and the two parties shall distribute according to their fault degree Share of liability.However,no matter what kind of business,there are special cases of tort liability.When the online car Hailing passengers are at fault,the tort liability undertaken by the aggressor should be reduced.