
法院認定道路維護有疏失,但少年超速須負三成責任,仍可上訴
台中地院判決台中市政府養工處就一名十六歲少年騎機車因路面凹凸不平摔死案件,國賠其父母354萬6795元。法院認定道路維護有疏失,但少年超速且未達考照年齡,須負三成責任。判決仍可上訴。
AI-generated summary
一名十六歲黃姓少年於二〇二一年九月廿九日清晨,騎機車行經台中市南屯區永春路與益豐路四段路口時,疑因路面凹凸不平及坑洞失控摔死。其父母向台中市政府求償,法院經逢甲大學鑑定後認定道路維護有疏失,但少年超速且未達考照年齡,須負三成責任。
台中地院判中市府國賠騎車摔死少年父母354萬餘元。(資料照)
一名十六歲黃姓少年,騎機車行經台中市一處凹凸不平路段,機車突上下震動、左右搖晃,失控重摔不治,父母向台中市政府求償一〇三二萬餘元,台中地院審理後認定道路維護有疏失,但少年超速須負三成責任,據此判決市府養工處國賠三五四萬餘元。
事故發生在二〇二一年九月廿九日清晨近五時,黃少騎機車沿南屯區永春路由東往西行駛,行經益豐路四段與永春路口時,疑因路面高低起伏、凹凸不平及坑洞導致摔車,黃少受到多重器官損傷及頭胸腹部鈍挫傷,送醫後於當天清晨五時廿五分宣告不治。
黃少父母主張,事故路段長期存在路面凹陷、坑洞等問題,市府養護工程處身為道路管理機關,未及時修補,也未設置警告標誌,未善盡道路養護責任。養工處表示,委託廠商定期巡查、維護,事故前後也未接獲坑洞通報,認為少年當時車速高達每小時八八.四五公里,遠超過該路段五十公里速限,另少年未達考照年齡,父母卻讓他購車騎車上路,也應負監督責任。
逢甲大學行車事故鑑定:
事故與路面不平整有高度關聯
台中地院囑託逢甲大學車輛行車事故鑑定研究中心鑑定,認為事故與路面不平整有高度關聯;法官並查出,養工處從事故發生至二〇二三年三月八日,始終未對該路段施作補丁或填補,認定道路管理維護確有欠缺,但少年也須負三成過失責任,綜合父母所受損失,扣除相關過失比例後,判養工處賠償三五四萬六七九五元,還可上訴。
AI outlook — possibilities, not facts
案件可能被上訴至更高法院
Possible · Within weeks

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