TRÁCH NHIỆM XE TẬP LÁI KHI GÂY RA TAI NẠN / RESPONSIBILITIES OF VEHICLES FOR TRAINING UPON ACCIDENT

Situation: A was learning to drive at center B, during the practice session, while under the supervision of the center’s instructor, A caused an accident that resulted in C’s death. May I ask who would bear legal responsibility in this case, lawyer? 

Response: 

According to Article 56 of the Law on Road Traffic Order and Safety 2024, stipulating the requirements of vehicle operators for road traffic participation, vehicle operators must meet age and health requirements as per the law; possess a valid driver's license with at least 1 point remaining.

Criminal liability shall be considered for any person who commits acts in violation of road traffic safety leading to death. The determination of persons who bear the criminal liability must be based on the results of investigation, examination, and fault determination (whether intentional or negligent) of each individual: 

A was the person directly controlling the vehicle. If the investigation result determines that A violated the regulations on road traffic safety (such as failing to maintain proper control of the vehicle’s speed, failing to comply with instructions, etc.), thereby causing C’s death, A may be subject to criminal prosecution for the Road traffic offences (Article 260 of the Criminal Code 2015) or Involuntary manslaughter (Article 128 of the Criminal Code 2015). 

If the guiding instructors committed acts of irresponsibility or violated regulations on training and supervision leading to the accident, they shall be prosecuted for criminal liabilities, such as Involuntary manslaughter (Article 128)  or other offenses based on the nature and level of violation; specifically, if the instructors permitted A to operate the vehicle under unsafe conditions or otherwise committed serious violations of applicable regulations. 

Regarding civil liability: 

According to Article 600 of the Civil Code 2015, providing that individuals and entities must compensate for any damage caused by any worker or trainee belonging to them during the performance by the employee or trainee of his or her assigned duties. The individual or entity has the right to demand that such a worker or trainee reimburse it an amount of money in accordance with the law. In this case, A was undergoing vocational training, specifically driver training, at center B, if the trainee’s driving causes an accident, the driving training center with which the trainee is enrolled in practice shall bear responsibility for compensating the victim in accordance with the legal regulations on non-contractual civil compensation. Thereafter, the center shall also have the right to ask the trainee to reimburse a part or all of the compensation if it is determined that the trainee was at fault in causing the traffic accident. 

Therefore, depending on each responsibility, if an accident occurs during the learning course of the driver, the responsibility shall be determined based on each corresponding entity.