In daily life, many drivers, out of kindness, are willing to offer “hitchhiking rides” to their friends. However, once a traffic accident occurs and causes casualties, how should the liability be divided?

Let’s analyze the legal liability issues in “gratuitous rides” through the following case.

* Case Review:

In the early morning of March 2, 2022, Peter drove a car and gave David a free ride. While driving on a road section in Nanshan District, Shenzhen, the vehicle hit an irregular obstacle in the road, resulting in a traffic accident. David was injured and suffered a Grade 10 disability.

According to the determination of the Traffic Police Brigade, Peter was fully responsible for the accident. David sued Peter and the highway maintenance center in court, demanding compensation for medical expenses, compensation for mental distress, lost work earnings, etc., totaling 230,000 yuan.

After hearing the case, the People’s Court of Nanshan District, Shenzhen, held that as the driver, Peter should bear the main liability for the accident; the highway maintenance center failed to clean up the obstacle in a timely manner and did not fulfill its management obligations; and David did not fasten his seat belt and was also at fault. Ultimately, the court ruled that Peter should bear 50% of the liability and compensate David 115,000 yuan; the highway maintenance center should bear 20% of the liability and compensate David 46,000 yuan; and He should bear 30% of the liability himself.

Unconvinced by the first – instance judgment, David appealed to the Shenzhen Intermediate People’s Court in October 2022. The second – instance court upheld the first – instance judgment.

* Court Ruling:

The Shenzhen Intermediate People’s Court clearly pointed out in the second – instance trial that Peter’s act of giving David a free ride belonged to “gratuitous ride”, and Peter did not have major faults or intentions such as driving without a license or drunk driving, which was in line with the relevant provisions of the “gratuitous ride” in the Civil Code. Therefore, Peter’s compensation liability should be appropriately reduced. Since David did not fasten his seat belt and was at fault himself, he should also bear certain liability. Eventually, the second – instance court upheld the first – instance judgment.

* Legal Analysis:

The Civil Code clearly defines the “gratuitous ride” rule for the first time. “Gratuitous ride” refers to the act of a driver allowing others to ride in the vehicle for free out of kindness.

The Civil Code, which came into effect on January 1, 2021, clearly defined “gratuitous ride” for the first time. Article 1217 of the Civil Code stipulates: “If a non – commercial motor vehicle causes damage to a gratuitous passenger in a traffic accident and the liability lies with the owner or user of the motor vehicle, the liability for compensation shall be reduced, except where the user of the motor vehicle has intent or gross negligence.”

This provision clarifies the principle of liability division in “gratuitous rides”:

1. Free ride: Reducing the vehicle owner’s liability

If the vehicle owner gives a free ride to the passenger and has no intent or gross negligence (such as driving without a license or drunk driving) in the accident, the vehicle owner’s liability for compensation can be reduced. This provision aims to encourage acts of kindness and prevent vehicle owners from bearing excessive legal liability for doing good deeds.

2. Paid ride: The vehicle owner needs to bear more liability

If the passenger pays fees (such as fuel costs, tolls, etc.), it is considered that the vehicle owner has a business purpose, and the vehicle owner should bear more legal liability for the passenger’s personal and property losses.

3. If the passenger is at fault (such as not fastening the seat belt), the passenger should also bear corresponding liability.

* Lawyer’s Reminder:

Gratuitous ride ≠ exemption from liability, and safe driving is the key.

Although the Civil Code has provisions for reducing liability in “gratuitous rides”, this does not mean that vehicle owners can be completely exempt from liability. If vehicle owners have major faults or illegal acts (such as speeding, running red lights, etc.) during driving, they still need to bear corresponding legal liability.

In addition, passengers should also enhance their safety awareness and take necessary safety precautions, such as fastening seat belts and not disturbing the driver, to minimize the risk of accidents.