A Dongfeng Yueda Kia Furuidi sedan was driving on the Tangshan Expressway. The right rear wheel suddenly fell off, the direction was out of control, and a truck was hit in front. The airbag did not open, causing one death and one injury (this newspaper reported on March 13). Recently, the parents of the deceased sued the Kia manufacturers and the 4S shop selling this Freddy car to the court.
On the 18th, the Tanghai County Court of Tangshan City heard the case and the reporter went to the audit. The plaintiff Li Baichao said that the Freddy car had quality problems. The fastening bolts were not tightened at the factory, eventually causing the wheels to fall off and the son died. He asked the defendant to compensate for various losses of more than 700,000 yuan. The defendant Kia manufacturer responded that the car had no quality problems and asked the fastening bolt supplier to be a witness.
Finally, the two sides agreed to conduct judicial appraisal to find out the cause of the wheel falling off.
[The family of the deceased demanded compensation of more than 10,000 yuan]
10 million can't change my son's fresh life.
Li Baichao lives in Tanghai County, Tangshan City, Hebei Province, and the trial of the case was also conducted in the county court. At the beginning of the trial, Li Baichao read out the complaint and generally sorted out the case. He said: "I am not asking for 700,000 yuan, or 10 million yuan will not be able to change my son's young and lively life."
a car accident, a man lost his middle age
Li Baichao, born in 1961, still regrets the decision of February last year. At that time, he invested in a Furuidi sedan for Li Zhe at Tangshan Dongdongfeng Yueda Kia Motors Sales Co., Ltd., and spent 87,000 yuan.
The maintenance record shows that on May 5, 2011, the vehicle was first serviced while driving to 2,500 km. Who would have thought that the accident happened about 8:30 on the evening of July 10 after more than two months.
Afterwards, it was proved that the right rear wheel of the car fell off and the vehicle was out of control. A truck crashed into the front of the truck. Li Zhe’s head injury died in the early morning of the next day. A passenger on the passenger seat was concussed. In order to prove that the wheel is naturally falling off, Li Baichao presented a testimony written by witnesses on the scene at the courtroom.
The reporter noticed that the testimony was written by three people, including Dai Meng and He Qiang. There were fingerprints on the top: "The normal driving 冀 BS7007 (Reporter's Note: The deceased license plate number) car without any external force (No collision, good road conditions, no obstacles between roads), sudden out of control, slipping into the middle lane from the overtaking lane in the brakes, colliding with the BM3325 truck.
However, the three witnesses did not appear in court to testify.
Traffic police: the car is falling off and causing a car accident
Li Baichao told reporters that when the accident happened, the first defendant Dongfeng Yueda Kia Motors Co., Ltd. rushed to the scene for investigation. The conclusion was that the wheel was hit first and then fell off, regardless of the quality of the vehicle.
In this regard, Li Baichao submitted a report on the accident vehicle inspection report of the accident at the court scene (2011 Tang Gong Criminal Technology [Car Mark] Material Certificate Signature No. 01199).
The inspection conclusion is as follows: "The right rear wheel of the car is detached, causing the left side of the car to collide with the rear part of the car to form a vehicle trace." The test book is covered with a special seal for the identification of the physical evidence of the Tangshan Municipal Public Security Bureau. During the trial, the court also presented a file transferred by the public security department with a road map of the road traffic accident. After reading the picture, Li Baichao said that the figure supports the facts he stated. "At this point, the plaintiff has reason to believe that the quality of the defendant's products is seriously unqualified, and the defendant's vehicle has serious safety hazards." Li Baichao had a loud voice when he read the complaint. "The car caused a traffic accident due to quality problems, which led to the death of the driver. The defendant should be liable for compensation. In addition, after the accident, the plaintiff repeatedly submitted quality negotiations to the defendant, and the defendant always shirked, but in desperation, he resorted to the law and sought justice."
In the indictment, Li Baichao’s claim was written as follows: According to the law, the defendant’s production and sales of the vehicle were seriously unqualified, and the plaintiff was paid death compensation, mental damage, car purchase, medical expenses, etc. More than 10,000 yuan.
[The first defendant Dongfeng Yueda Kia argued]
Unknown external impact causes the wheel to fall off
In the trial held on the 18th, on behalf of the first defendant, Dong Feng Yueda Kia Motors Co., Ltd. legal staff Pan Wei and the company's after-sales department head Wang Songmo. Both of them said that the right rear wheel of the Freddy sedan was not naturally detached, but was detached by external force, but the external force came from where the two said "unclear".
Traffic police report buried dispute
After Li Baichao handed over the "Report on the Inspection of the Vehicle Vehicles" issued by the traffic police department to the presiding judge, Pan Wei took a report and carefully looked at it. Then he said that the report only recorded the inspection of the vehicle and caused the vehicle to be on the vehicle. There are reasons for the traces, but it does not clearly explain how the right rear wheel is detached, and the reason behind the detachment is where.
In this regard, Li Baichao believes that two of the four fixing bolts are not tightened, and the vehicle falls off at high speed. The remaining two bolts are too struggling due to excessive effort and finally break, and the wheels fall off. In order to prove his own statement, Li Baichao showed the reporter three bolts that were picked up at the scene of the accident (the other one could not be found), two broken joints, which were connected to the bolt section in the screw hole of the falling wheel, and another bolt Although not broken, some of the threads have worn out.
Wang Songmo does not agree with Li Baichao's views. He believes that the right rear wheel is detached after being hit by an external force, instead of Li Baichao's self-shedding.
Kia believes that external forces cause the wheels to fall off
"You said that it is the external force that hits the external force. Do you have any evidence?" At the scene of the trial, Li Baichao patted the table and spoke a lot. Wang Songmo submitted three inspection reports issued by the Kia manufacturers to the court to prove that the wheels were detached after being hit by external forces.
The reporter saw that two of the three pieces of evidence proved that the vehicle was qualified at the factory, and the other was the "Report on the investigation of the right rear wheel off the site". The reporter noted that the report was issued on September 23, 2011, two and a half months after the accident.
Wang Songmo said that two of the four fixing bolts of the shedding tire broke due to the impact of the external force, causing the wheel to separate from the vehicle, but not completely separated, and it was possible to travel a certain distance. Finally, the remaining two bolts were pulled out of the screw holes, causing the wheels to completely fall off, causing an accident.
However, the reporter noticed that the “Site Investigation Report†issued by Kia showed that the right rear wheel of the vehicle caused the bolt to fall off and then break. Specifically, the two bolts in the lower right wheel were pulled out first, and the upper two were The bolt is broken by the torque.
It can be seen that Wang Songmo believes that it is “break first, then fall offâ€, and the report shows that it is first off and then broken.
“The wheel shedding is subject to a strong impact.†Wang Songmo said that they tested the same caliber bolts of the broken bolts in terms of process caliber, hardness, and compressive strength, and found that the external impact of the broken bolt exceeded its location. A sustainable range.
Kia bluntly "has not found out where the external force comes from"
“External force impact causes the tire to fall off. Where does the external force come from?†Li Baichao asked on the spot that the testimony of witnesses at the scene of the accident was clear. There were no other vehicles and no collisions at the time. The road was good and there were no obstacles. In this case, the wheels It fell off. "Moreover, the inspection report provided by the traffic police did not say that it was hit by an external force."
On the question of Li Baichao, Pan Wei said that they did not find out where the external force came from. Some of the basis of the "Investigation Report", such as the bolts that fell off, were based on the photos of the site, and there was no physical object. "This is because the plaintiff did not provide ". "Dongfeng Yueda Kia is completely reversing black and white." Li Baichao said that the testimony of the witness witnessed the fact that the vehicle did not receive any external force before hitting the truck in front, and the inspection certificate issued by the traffic police mentioned the inspection. It only shows that there is a strike mark on the left front of the vehicle, and there is no mention of the right rear side. "If the right rear side is subjected to an external force, it must be mentioned in the test book."
Li Baichao continued: "Returning 10,000 steps, even if it is affected by external forces, there should be impact marks on the right rear side of the vehicle. In fact, there is no such thing." In February this year, the reporter and Li Baichao came to the local traffic police brigade large accident parking lot. Here, Li Baichao’s son Li Zhe was parked in a car after the accident.
The reporter saw that the left front door and the driver's seat of the car have been completely deformed. The rear right wheel of the car is placed on the right rear side of the wheel. There are 4 screw holes in the middle of the wheel, and there are broken fixing bolts in the 2 holes. Holes and fixing bolts are no longer visible.
At the time of the interview, the reporter did not find the impact marks on the right rear side of the vehicle.
　　 ■Kia shop
The seller should not be liable
In the court hearing on the 18th, Tangshan Yidong Dongfeng Yueda Kia Sales Service Co., Ltd. was listed as the second defendant. On behalf of the company, the company was represented by Cai Zongrui, an employee of the regulations department of Huge Automobile Trade Group Co., Ltd.
Li Baichao said: "The car was bought on February 15, 2011. When the vehicle was driven to 2,500 kilometers on May 5 this year, the first maintenance was carried out. As a result, the wheel fell off after driving for 3,000 kilometers in two months. My son died young. Didn't you see if the screws were tightened during maintenance?"
To this end, Li Baichao provided a vehicle warranty manual. The reporter did not see any warranty content in this manual. In this regard, Cai Zongrui said that he recognized the authenticity of the warranty manual, but it should be emphasized that the first maintenance is only to replace the oil and oil filter according to the manufacturer's regulations, and there are no other items. In other words, the first maintenance did not check if the right rear wheel bolts of the vehicle were tightened.
According to Cai Zongrui, Dongfeng Yueda Kia Motors Co., Ltd. did not present different opinions at the trial site.
Li Baichao said: "I suspect that when the vehicle is delivered, the right rear wheel fastening bolts are not tightened. I have said that this is an individual problem for individual vehicles. From Dali, this highlights that Dongfeng Yueda Kia management is not strict, I I hope that owners who purchase the Dongfeng Yueda Kia Furuidi sedan should check the tightness of the tires to avoid repeating my son's mistakes."
In response to Li Baichao's claim, Cai Zongrui said that the case is a product quality responsibility dispute, the product responsibility should be borne by the manufacturer, and the seller should not bear it. "Moreover, as a seller, there is no ability to test whether the vehicle is qualified."
â– Bolt supplier
Unable to provide product certification
In the trial held on the 18th, Dongfeng Yueda Kia Motors Co., Ltd. invited Qiu Shaolong, the deputy director of the quality department of Kunshan Dajinhe Fastener Co., Ltd., to prove that the fixing bolts were qualified and safe. However, at the scene, Qiu Shaolong did not provide a certificate of conformity issued by a third party, and said that the product was mostly sampled at the factory, only the bolt composition and heavy metal content were detected. The following is a dialogue between the parties at the trial site. No certificate of conformity was provided at the scene
Li Baichao (hereinafter referred to as Li): Does your company have production qualifications?
Qiu Shaolong (hereinafter referred to as Qiu): We have production licenses and business licenses.
Li: Can you provide proof of the quality of the fixed bolts?
Qiu: Our products are approved by the state.
Li: I want the evidence. Is there a product certificate issued by the National Quality Assurance Department?
Qiu: Our bolts are designed according to the Kia standard and have a supply contract with Kia. Before each supply, we will negotiate with Kia and sign an agreement approved by both parties.
Judge: You have an agreement with each other, but do you have a product inspection report issued by a third-party agency approved by the state?
Qiu: This is not the case now.
Li: Kia uses accessories. The supplier's quality inspection report should be checked in advance, and the vehicle can be assembled only after it is qualified. Send inspection only to detect metal components
Qiu: We cooperated with a testing agency to regularly send the fixing bolts to the inspection, mainly to detect the bolt composition and heavy metal content.
Li: What is this institution, third party?
Qiu: It is a nationally recognized laboratory.
Li: Just testing the metal composition, not testing the strength of the bolt?
Qiu: Right. Our products are inspected by our company and will be sampled and sampled every once in a while.
Judge: Have you tested the bolts of the accident vehicle?
Qiu: We didn't get the faulty parts, but only sampled the same batch of products according to the date they reflected.
Judge: Can you provide the results of random inspections and sample inspections to the court?
Qiu: Because there is no advance notice, the information is not available now, and can be provided after the court if necessary. Final cancellation of witness qualification
When Qiu Shaolong appeared in court, he presented a letter of introduction from Kunshan Dajinhe Fastener Co., Ltd. to the court. However, when the judge carefully inspected the letter of introduction, he found that the letter read “Introduction of Mr. Qiu Shaolong to the court†and did not authorize Qiu Shaolong to testify in court. Based on this, the court cancelled the witness qualification of Kunshan Dajinhe Fastener Co., Ltd.
Li: He is not a legal witness and he is not qualified to testify in court.
Qiu: When I came, they didn't tell me that I came to be a witness.
Judge: That is to say, your company has not authorized you to testify in court?
Qiu: No, it is authorized.
Judge: This letter is about listening, listening and speaking in court is not the same thing. Your company authorized you to attend, but did not authorize you to testify.
Qiu: We are not very clear about this piece, so I have been outside the court before and have not come in.
Li: I want to emphasize here that the facts just proved that Dongfeng Yueda Kia Motors Co., Ltd. used special bolts for fastening tires that are not certified by the state in the process of producing vehicles. This is a serious violation of national quality management and safety production management. The illegal production of laws and regulations is also an unethical act that is irresponsible to the vast number of consumers!
â– expert statement
Bolt pass does not equal vehicle qualification
For Dongfeng Yueda Kia Motors Co., Ltd., please come to the fixed bolt supplier to prove that the bolt is qualified and safe. The reporter interviewed Feng Chuanrong, director of the Vehicle Technical Appraisal Laboratory of Shandong Traffic Accreditation Center.
He said that since the bolts are qualified and safe, how can they be broken? "As far as I know, the fixing bolts are only sampled at the factory, not all of them are tested." Feng Chuanrong said that the same batch of bolts does not mean that the bolts of the accident vehicle are qualified. Besides, even if it is qualified, it is not representative. The vehicle is qualified.
â– trial results
The original defendant applied for judicial identification
Since the original defendant had their own opinions on the reasons for the falling of the right rear wheel of the accident vehicle, the plaintiff believed that it was self-shedding, which was a problem of the quality of the vehicle. The defendant believed that it was a result of the external force and fell off, not a quality problem. Finally, the plaintiff Li Baichao filed an application for judicial appraisal, and the defendant also agreed to conduct a judicial appraisal to find out the real cause of the wheel falling off.
Previously, the reporter used the video data of the accident vehicle to find Feng Chuanrong, director of the Vehicle Technical Appraisal Laboratory of the Shandong Traffic Accreditation Center. After reviewing the image data in detail, he said that the vehicle itself had problems, that is, the wheels first fell off, resulting in a car accident. More likely.
First of all, from the perspective of the falling tires, there are 4 screw holes, 2 of which have broken fixing bolts, and the other 2 are not. If the manufacturer says that it is first hit by an external force and then falls off, it should be that all four fixing bolts are broken in the screw holes, which is not the case.
Secondly, from the perspective of the three fixing bolts that Li Baichao found at the scene of the accident, one of the broken bolts was obviously distorted and deformed. This should not be caused by the impact fracture, but the remaining bolts were too hard to be used after the two bolts fell off. Caused by.
Finally, from the appearance of the vehicle, the right rear side where the falling wheel is located is not subjected to the impact of the impact, and the impact is on the left front side of the cab, and the traffic police's test report also illustrates this point. "If the texture inside the screw hole of the wheel is also distorted and deformed, and the texture of the unbroken fixing bolt that Li Baichao has reached is consistent, it can be basically determined that it is the car accident after the wheel is detached, which is the responsibility of the vehicle quality and the manufacturer." Feng Chuanrong Say.
â– Interview notes
Father's Day without a son
Li Baichao lived in Tanghai County, Tangshan City, Hebei Province. On June 17, when the reporter rushed to his home, he was silent. When he mentioned the car accident last year, he picked up his son Li Zhe’s portrait and cried: “Today is Father’s Day. Last year's Father's Day, my son sent me a text message and wished me a happy Father's Day. This year, no one has ever sent a child who knows more about things. It is gone."
Li Bailan’s wife, Li Fulan, sat next to him and listened and sobbed: “The Kia car took my son’s life, but the manufacturer did not admit that the car has quality problems. I can’t accept it, or the son’s death is not eye-catching.†Li Baichao said, middle-aged child White hair people send black hair, life is a big sadness.
Li Baichao is the father of Li Zhe, a 21-year-old boy. He is also a member of the Chinese Popular Literature Society, the Chinese Contemporary Literature Research Association, the Chinese Poetry Society, the Tangshan Writers Association and many other cultural and art units. He has a strong literati temperament. At present, he often writes poems and writes articles to pinpoint his love for his son.
On August 9, 2011, one month after his son’s death, Li Baichao wrote a poem entitled “Jiao Jiaoer Li Zheâ€: “The grace is coming from the world, and the young people are dying. The dream is like a dream. It’s hard to let go."
"So far, the problem has not been effectively and completely solved." Li Baichao said that his son's unfortunate death has brought him endless sadness and pain, how many times he met in a dream, how many times he dreamed of tears on his pillow. How many times my heart is calling!
Li Baichao wrote in his commemorative son's article: "Buy a car, there is joy, sadness, and pain! My car buying story is like this, the family is not broken, but people are dead! In the face of my misfortune, people who are ready to buy a car here must consider the quality of the car as the first choice for car purchase! Don't repeat my son's mistakes!"
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