Not just a reckless overtaking
Recently, a clip about 27 seconds long circulated on social networks on the evening of February 27 recording the scene of a pickup truck overtaking and then steering to cut in front, causing a motorbike carrying 3 people to fall to the road on Ring Road 3 (Hanoi).
The time of the incident was about 9:15 pm, in night conditions, with high vehicle density. Notably, there was a woman driving a motorbike, a man sitting behind and a child.
After a sudden steering, all three fell to the road surface, close to the lane where large vehicles were traveling in the same direction. Fortunately, no serious collision occurred.
From a legal perspective, lawyer Hoang Van Ha (ARC Hanoi Law Company Limited) said that the act of overtaking and then changing direction sharply, squeezing vehicles in front in night conditions, limited visibility, if not ensuring a safe distance, is a serious violation of the rules of overtaking and changing direction according to the Road Traffic Law of 2024.
Regarding administrative sanctions, according to Decree 100/2019/ND-CP (amended and supplemented), the act of overtaking vehicles that do not ensure safety, changing directions that do not ensure safety or causing traffic accidents may be fined at a high level, and at the same time have their driving licenses revoked for 2-4 months; in cases of causing accidents, the revocation period may be higher depending on the nature and severity.
When will they be prosecuted criminally?
According to the analysis of Lawyer Nguyen Minh Ngoc, The Light Law Firm, if there is damage to health or property reaching the prescribed legal threshold and there is a direct causal relationship between the act of steering and the motorbike falling, the car driver may be considered under Article 260 of the 2015 Penal Code (amended and supplemented in 2017) for the crime of violating regulations on road traffic participation.
Depending on the severity of the consequences, the penalty frame can range from fines, non-custodial reform to imprisonment; in particularly serious cases, the imprisonment penalty can be up to 15 years.
Notably, this act is not simply a lack of observation but is intentionally "forcing the car, intimidating", showing disregard for the safety of others, then in addition to the crime of traffic, it may raise signs of the crime of disturbing public order under Article 318 of the Penal Code.
At that time, depending on the nature, severity and consequences, violators may face penalties ranging from fines, non-custodial reform to imprisonment.
The assessment of errors will be based on evidence, objective developments, testimonies of the parties and camera data.
In the case of "driving to avoid the car in front", Article 23 of the Penal Code stipulates the emergency situation. A person is only exempted from liability when it is proven that there is a real, existing risk; there are no other reasonable measures to avoid; and the damage caused is less than the damage to be prevented.
In normal traffic conditions, if it is possible to reduce speed, maintain distance or brake safely, suddenly changing direction, causing danger to other vehicles, is difficult to consider an act in an emergency situation.
