On the 28th day of the twelfth lunar month, when returning from Beijing to Jinan, I am looking for 1-2 friends who can share the cost of fuel and transportation. Do you have a ride to XX airport in the afternoon? If one person has no large luggage, the cost can be negotiated. During the Spring Festival, when traveling to and from scenic spots in the suburbs of Beijing, I am looking for carpooling and can share the cost as needed. With the approaching of the Spring Festival holiday, posts asking for a ride have sprung up like mushrooms on WeChat Moments, various local social groups, and social platforms. At the same time, the number of ride hailing orders on some ride hailing platforms continues to rise with the spring transportation trend, and many platforms have also launched targeted measures to ensure ride hailing services during the Spring Festival travel rush. According to recent interviews with reporters, many people view carpooling as a shared mode of transportation to share travel costs. They believe that taking a carpooling not only provides a "one-stop" way back home, but also makes it more economical and convenient to travel to airports and high-speed rail stations that are far from the city center. But behind the hustle and bustle, issues such as the safety of carpooling travel and the definition of accident liability have also attracted much attention. How to balance convenience and safety when choosing to take a ride during the Spring Festival? Sun Hongchen, a member of the Lawyer Expert Database of the Rule of Law Daily and a senior partner of Lantai Law Firm in Beijing, believes that during the Spring Festival travel rush, long-distance return trips not only provide economic convenience, but also promote the efficient utilization of transportation resources and alleviate traffic pressure during the Spring Festival travel rush. However, while carpooling brings convenience to people, it also brings some problems, such as how to bear the responsibilities of all parties after a traffic accident occurs, and safety issues such as the infringement of the personal rights and interests of carpools by carpooling service providers. Some interviewees expressed concerns to reporters: If an accident occurs while riding a ride, who will pay the bill? Is the carpooling behavior of ride hailing drivers a form of sharing or illegal operation? Sun Hongchen introduced that according to the definition of carpooling by relevant national departments, carpooling should meet the following conditions: as for carpooling service providers, they should release travel information in advance based on their own travel needs; A carpool is a vehicle chosen by people who travel on the same or almost the same route; Shared ride services are not for profit and are only intended to share a portion of travel costs; The daily number of carpools for each vehicle should be within a reasonable range, and the driving route of the vehicle should be consistent with the actual work and life situation of the carpooling service provider. Who should bear the cost of a ride sharing accident? Firstly, it is necessary to determine whether the driver's behavior is truly a ride sharing or an illegal operation under the guise of a ride sharing. This is also the key and difficult point in dealing with such accidents. ”Shi Changlong, Secretary General of the Transportation Law Professional Committee of the Beijing Lawyers Association, analyzed that for ride sharing services that meet the statutory conditions, the "good faith ride sharing" rule of the Civil Code can be applied in terms of civil liability. That is, if a non operating motor vehicle causes damage to a passenger without compensation due to a traffic accident, the liability of the motor vehicle should be reduced, except for intentional or gross negligence of the motor vehicle user. He further explained that the responsibility for accidents depends on the type of accident and the fault of all parties involved, which can be divided into two situations: the first situation is a unilateral accident (only the hitchhiking party is responsible). If the passenger is at fault (such as interfering with driving or not wearing a seat belt as required), according to the principle of offsetting fault, the passenger should bear corresponding responsibility. If the passenger is not at fault, the driver shall bear the responsibility, but the driver's compensation liability may be reduced according to law (the common reduction ratio in practice is 20% to 50%). If the driver has intentional or gross negligence (such as drunk driving, serious speeding, reversing, etc.), no reduction of liability shall be applied and full responsibility shall be borne; In the second scenario, in the event of an accident involving two or more parties (involving other vehicles), the other party's compulsory traffic insurance will prioritize compensation within the liability limit, and the shortfall will be compensated by the commercial third-party insurance according to the accident liability ratio. If there is still a shortfall after insurance compensation, the compensation liability shall be shared according to the following rules: if the driver has no intention or gross negligence, the compensation liability shall be reduced according to the good faith ride sharing rule based on their share of responsibility; If the driver has intentional or gross negligence, no reduction of liability shall apply and full responsibility shall be borne; Passengers who are at fault shall bear corresponding responsibilities according to the degree of their fault. But if it is confirmed that the driver is operating illegally, such as frequently taking orders, exceeding the reasonable range of the route, and charging fees significantly higher than the cost, then the driver not only has to bear heavier compensation responsibilities, but may also face administrative penalties from traffic law enforcement departments. ”Shi Changlong said that some insurance companies may refuse compensation on the grounds of "illegal operation changing the nature of vehicle use", which will make subsequent compensation disputes more complicated. Shi Changlong told reporters that in current judicial practice, a judgment approach has been formed that comprehensively considers multiple factors to determine the nature of carpooling. For example, in terms of order frequency, if a driver only occasionally takes one or two orders during the Spring Festival or holidays, returning home or traveling to and from the airport on the way, it is basically considered as a ride hailing service; But if the driver takes orders for a long time and frequently, or even specifically solicits customers near transportation hubs or commercial districts, it is highly likely to be identified as illegal operation, and will be ordered by the transportation authority to stop operating, confiscate illegal gains, and impose fines. In Shi Changlong's opinion, choosing a ride hailing service during the Spring Festival aims to balance convenience and safety. The core is to choose a legitimate platform, leave good travel records, and pay special attention to the amount displayed on the platform system, without transferring funds privately. This can avoid disputes and allow the platform to retain transaction records. By putting the basic safety measures in place, we can minimize risks while facilitating travel. Sun Hongchen suggests that when choosing a ride hailing service, carpools should pay attention to the condition of the vehicle and the driver's driving experience, and try to choose vehicles with shorter age and better condition. They can also learn about the evaluation of carpooling service providers by past carpools on the platform, so as to make cautious choices. (New Society)