Recently, my younger brother was injured in an accident caused by a taxi driver which lead to his broken leg. He has to go to the hospital for the treatment. My family asked the taxi company to compensate for the accident but they said that the taxi driver would bear this responsibility. After the accident, the taxi driver was fired.
We would like to know if the taxi company or the taxi driver has to compensate for my brother’s injury. Thank you.
Fdvn’s opinions:
Thank you for concerning FDVN’s legal services. After researching and studying the relevant legal documents, we would like to offer our opinions:
[1]. Grounds giving rise to liability to compensate for damage:
According to the provisions of Article 632 of Civil Code 2015 on grounds giving rise to liability to compensate for damage:
“1. A person intentionally or unintentionally harming the life, health, honor, dignity, reputation, property, or other legal rights or interests of a person, must compensate for such damage, unless otherwise prescribed in this Code or relevant laws.
2. The person who causes damage shall be discharged from liability for compensation in a case where the damage incurs due to force majeure events or at the entire fault of the aggrieved person unless otherwise agreed or otherwise prescribed by law.
3. If a property causes damage, its owner or possessor must compensate for the damage, except for the damage prescribed in Clause 2 of this Article.”
In your case, it was not your younger brother’s fault or the force majeure events causing the accident. It was the fault of the taxi driver, who caused your younger brother’s broken leg. It is considered the ground of compensation liability.
[2]. Identify the subject compensating for non-contractual damage:
When the accident occurred, the taxi driver was the employee of the taxi company and managed by this company. So, there are 2 situations may happen:
In the first situation, if the driver was performing the assigned work, the taxi company would be obliged to compensate for the damages. Accordingly, the compensation is carried out as follows:
According to the provisions of Article 600 of Civil Code 2015: “A natural person or juridical person must compensate for any damage caused by any worker or trainee belonging to it during the performance by the employee or trainee of his or her assigned duties. The natural person or juridical person has the right to demand such worker or trainee reimburse it an amount of money in accordance with law.”
Therefore, in this case, the taxi company must be obliged to compensate for damages caused by its taxi driver. In the event of the driver’s fault, the company has the right to ask him/her to refund the amount of compensation.
In the second situation, the driver who caused the accident was not performing the work assigned or out of his shift, he/she must be obliged to compensate for the damage to your younger brother.
According to the provisions of Article 601 of Civil Code 2015 on compensation for damage caused by sources of extreme danger as follows:
“1. Sources of extreme danger comprise motorized means of transport, power transmission systems, operating industrial plants, weapons, explosives, inflammable substances, toxic substances, radioactive substances, dangerous animals and other sources of extreme danger as provided by law.
An owner of a source of extreme danger must comply strictly with the regulations on taking care of, preserving, transporting, and using sources of extreme danger in accordance with law.
2. An owner of a source of extreme danger must compensate for damage caused by such a source. If the owner has transferred possession or use of the source of extreme danger to another person, such other person must compensate [for the damage], unless otherwise agreed.
3. An owner, or person to which an owner has transferred the possession or use, of a source of extreme danger must compensate for damage caused by such source, even where such owner or person is not at fault, except in either of the following cases:
a) The aggrieved person is entirely at fault for intentionally causing the damage;
b) The damage occurred due to an event of force majeure or in an emergency situation, unless otherwise provided by law.
4. Where a source of extreme danger is taken into possession or used unlawfully, the person possessing or using [it] unlawfully must compensate for damage.
Where an owner, or a person to which an owner has transferred possession or use, of a source of extreme danger is at fault by allowing the unlawful possession or use of the source of extreme danger, the owner, or the person to which the owner has transferred possession or use, of the source of extreme danger as the case may be must compensate jointly for the damage.”
Therefore, It is necessary to determine that when the accident occurred, the taxi driver was in his shift and performing his assigned work or doing his own business, so that we can determine the subject to compensate.
Above is Fdvn Law Firm's opinions for your request based on studying the relevant legal provisions. Hopefully, our advice would be helpful to you.
Legal advisor: Dinh Thi Thong
FDVN Law Firm
Other Articles
- ĐIỀU KIỆN PHÁT SINH QUYỀN TÁC GIẢ ĐỐI VỚI TÁC PHẨM DO TRÍ TUỆ NHÂN TẠO TẠO RA THEO NGHỊ ĐỊNH 134/2026/NĐ-CP / CONDITIONS FOR EMERGENCE OF COPYRIGHT PROTECTION OF AI-GENERATED WORKS UNDER DECREE NO. 134/2026/ND-CP
- HƯỚNG DẪN QUY TRÌNH XÁC THỰC ĐIỆN TỬ ĐỐI VỚI NGƯỜI NỘP HỒ SƠ VÀ NGƯỜI UỶ QUYỀN NỘP HỒ SƠ ĐĂNG KÝ DOANH NGHIỆP CỦA CỤC PHÁT TRIỂN DOANH NGHIỆP TƯ NHÂN VÀ KINH TẾ TẬP THỂ
- THE LEGAL ENVIRONMENT AND BUSINESS LAW BY DON MAYER, DANIEL M. WARNER, GEORGE J.SIEDEL, JETHRO K. LIEBERMAN AND ALYSSA ROSE MARTINA
- TRANSNATIONAL COMMERCIAL LAW (SECOND EDITION) BY ROY GOODE, HERBERT KRONKE AND EWAN MCKENDRICK
- BÀI HỌC TIẾNG ANH PHÁP LÝ: DAMAGES
- LEGAL RESEARCH: HOW TO FIND AND UNDERSTAND THE LAW BY ATTORNEYS STEPHEN ELIAS AND SUSAN LEVINKIND (EDITED BY RICHARD STIM)
- DAMAGES FOR BREACH OF CONTRACT: COMPENSATION, RESTITUTION, AND VINDICATION BY DAVID PEARCE AND ROGER HALSON
- CONTRACT LAW BY MINDY CHEN-WISHART
- A HISTORY OF CONTRACT AT COMMON LAW BY S.J.STOLJAR
- HƯỚNG DẪN CÁCH TÍNH ƯU ĐÃI TRONG LỰA CHỌN NHÀ ĐẦU TƯ THEO NGHỊ ĐỊNH 243/2025//NĐ-CP QUY ĐỊNH CHI TIẾT MỘT SỐ ĐIỀU CỦA LUẬT ĐẦU TƯ THEO PHƯƠNG THỨC ĐỐI TÁC CÔNG TƯ
- NĂM 2026, LÀM KHAI SINH CHẬM CÓ BỊ PHẠT TIỀN KHÔNG? / IN 2026, IS A DELAY IN BIRTH REGISTRATION FINED?
- QUY ĐỊNH XỬ PHẠT VI PHẠM HÀNH CHÍNH ĐỐI VỚI TRƯỜNG HỢP DOANH NGHIỆP KINH DOANH DỊCH VỤ LỮ HÀNH CÓ KHÁCH DU LỊCH TRỐN Ở LẠI NƯỚC NGOÀI HOẶC TRỐN Ở LẠI VIỆT NAM TRÁI PHÁP LUẬT TỪ NGÀY 15/02/2026
- CHẾ ĐỘ TÀI SẢN CỦA VỢ CHỒNG THEO THỎA THUẬN TRONG HÔN NHÂN CÓ YẾU TỐ NƯỚC NGOÀI / AGREEMENT ON MATRIMONIAL PROPERTY REGIME IN MARRIAGES INVOLVING FOREIGN ELEMENTS
- LEGAL ENGLISH FOR LAW STUDENT BY TIRA NUR FITRIA S.PD., M.PD.
- AN INTRODUCTION TO LAW BY PHIL HARRIS
- NGHỊ ĐỊNH 212/2026/NĐ-CP QUY ĐỊNH VỀ ĐIỀU KIỆN NĂNG LỰC HOẠT ĐỘNG XÂY DỰNG, HỆ THỐNG THÔNG TIN, CƠ SỞ DỮ LIỆU QUỐC GIA VỀ HOẠT ĐỘNG XÂY DỰNG CÓ HIỆU LỰC TỪ NGÀY 01/07/2026



