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Car-crash victims win court support
By Liu Li (China Daily)
Updated: 2005-07-12 05:51

New regulations to help traffic accident victims win compensation more efficiently went in force in Beijing yesterday.

The rules allow lawyers to get involved in cases at an earlier stage and can make courts preserve evidence so it can be presented in court and be used more effectively.

In the past, the number of court cases has been fairly small, because parties have reached agreements out of court.

Because the evidence is not preserved well enough after several months, the plaintiffs often lose. Respondents sometimes even disappear.

Beijing's Fangshan District is the pioneer in introducing the new regulations.

"The Fangshan Traffic Management Department is now obliged to provide the relevant documents, including the responsible driver's confession and other testimonies, as well as confirmation of who is liable, to lawyers representing those involved in traffic accidents," reads a joint notice by the Fangshan District People's Court, the district's traffic department and the Justice Bureau.

In the past, relevant departments only had to provide such documents to courts or procuratorates.

If people are granted an evidence preservation order, courts must make sure within 48 hours that the evidence is protected.

"Thus when the court opens a hearing or makes a judgment, the responsible car owner is easier to find and ordered to pay compensation," said Zhang Zhongxia, vice-president of the court.

Yesterday, Li Gong, whose 60-year-old mother was run over and killed last month, became the first plaintiff to get an evidence preservation order after the new method went effective.

The car that killed Li's mother has now been sealed up.

"I am not worried the driver will run off now," Li said.

Under the new regulations, a free legal service will be provided at the traffic department's accident treatment hall.

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