The Analysis On Judicial Judgment Of Traffic Accident Of Online Ride-hailing

Ride-hailing service is a new service model formed by the continuous development of Internet technology and the combination of traditional industries and the Internet.It can be seen from the judgment documents of the infringement liability cases of online car hailing traffic accidents that The People’s Courts have presented problems such as unreasonable identification of the legal status of the platform and identification of the legal relationship between the platform and driver,and unreasonable identification of the tort liability of the platform when dealing with such cases.Clarifying the nature of the platform is conducive to clarifying the legal relations between the parties.As the operation mode and service type of the platform change,the legal relationship and tort liability between each subject are also different.According to sample cases,the main points of dispute in traffic accident infringement cases of online car hailing are: whether the platform has the legal status as a carrier.The legal status of the ride-hailing platform should be considered in accordance with the formulation of rules for the ride-hailing operation service,the platform’s control over the entire ride-hailing operation service,and the distribution of interests.Premium car and express car platform nature shall be identified as carrier,Express car and premium car platforms provide online ride-hailing service and conclude passenger transport contracts with passengers.Platforms are risk initiators,and online ride-hailing platforms open the risk of damages to passengers’ personal rights and interests.With the control of the ride-hailing platform over the operation service,the platform can control the risks in the operation.Premium car and express car platforms also benefit from operating services.whether the legal relationship between the platform and the driver is labor relationship.The legal relationship between the ride-hailing platform and the driver should be considered by factors such as subordination,whether the platform commands and supervises the driver or not,and service time.In essence,the relationship between the four-party agreement platform and the driver is labor service.The online ride-hailing platform has the characteristics of command and supervision for the driver,and the driver is assigned and arranged by the platform to engage in the online ride-hailing operation service.whether the platform bears the employer’s liability in the event of a traffic accident.The employer liability of the ride-hailing platform should be considered based on factors such as whether the driver constitutes infringement,whether there is an employer relationship between the driver and the platform,and whether the driver damages the personal rights and interests of passengers due to the performance of work tasks.The platform shall reasonably determine the tort liability of the platform,and the platform shall bear the employer’s liability.After assuming the employer’s liability,the platform may recover from the driver who intentionally or grossly negligent.At the same time,The People’s Court should clarify the relationship between accident liability and civil liability when trying such cases...