【线上云德】疫情期间律师说（一百一十七）┃道路管理维护缺陷导致交通事故的主体责任认定

随着道路建设速度的不断加快及汽车保有量的不断增加，道路管理维护缺陷导致交通事故损害赔偿纠纷案件数量呈上升趋势。由于道路管理维护缺陷导致的损害赔偿诉讼在我国也早已出现。

《最高人民法院关于道路交通损害赔偿司法解释》第九条第一款规定：因道路管理维护缺陷导致机动车发生交通事故造成损害的，当事人请求道路管理者承担相应赔偿责任的，人民法院应予支持，但道理管理者能够证明已按照法律、法规、规章、国家标准、行业标准或地方标准尽到安全防护、警示等管理维护义务的除外。第二款规定：依法不得进入高速公路的车辆、行人，进入高速公路发生交通事故造成自身损害，当事人请求高速公路管理者承担赔偿责任的，使用侵权责任法第七十六条的规定。

As the speed of road construction continues to accelerate and the number of vehicles continues to increase, defects in road management and maintenance have led to an increase in the number of traffic accident damage compensation disputes. Litigation for damages due to defects in road management and maintenance has already appeared in my country.

Paragraph 1 of Article 9 of the "Judicial Interpretation of the Supreme People's Court on Compensation for Road Traffic Damages" stipulates that: If a motor vehicle accident caused damage due to a defect in road management and maintenance, the party requests the road manager to bear the corresponding compensation liability. Support, except that reasonable managers can prove that they have fulfilled their management and maintenance obligations such as safety protection and warnings in accordance with laws, regulations, rules, national standards, industry standards or local standards. The second paragraph stipulates that: vehicles and pedestrians who are not allowed to enter the expressway according to law, and the traffic accidents that enter the expressway cause their own damage. If the parties request the expressway administrator to bear compensation, the provisions of Article 76 of the Tort Liability Law shall be used.

从前述法律规定可以看出，道路管理者因道理管理缺陷致害赔偿适用的是过错推定责任。即根据法律规定推定道路管理者有过错，道路管理者不能证明自己没有过错的，应当承担相应的赔偿责任。

侵权责任法第七十六条是关于高度危险场所安全保护责任的规定，即未经许可进入高度危险活动区域或高度危险物存放区域受到损害，管理人已经采取安全措施并尽到警示义务的，可以减轻或者不承担责任。显然，该第二款解释将高速公路视为高度危险场所。基于此，依法不得进入高速公路的车辆、行人，进入高速公路发生交通事故造成自身损害，高速公路管理者已经采取安全措施并尽到警示义务的，高速公路管理者也可以减轻或不承担责任，但高速公路管理者不能举证证明其已尽到合理义务的除外。

It can be seen from the foregoing legal provisions that the fault liability for the presumption of fault is applicable to compensation for damages caused by management defects of road managers. That is, according to the law, it is presumed that the road manager is at fault. If the road manager cannot prove that he is not at fault, he shall bear the corresponding liability for compensation.

Article 76 of the Tort Liability Law is about the responsibility for the safety protection of highly hazardous locations, that is, unauthorized entry into highly hazardous activities areas or highly hazardous materials storage areas is damaged, and the administrator has taken safety measures and fulfilled its warning obligations, Can reduce or not take responsibility. Obviously, the second paragraph interprets the highway as a highly dangerous place. Based on this, vehicles and pedestrians who are not allowed to enter the expressway according to the law, and enter into the expressway and cause traffic accidents that cause their own damage. If the expressway manager has taken safety measures and fulfilled his warning obligations, the expressway manager may also reduce or not take responsibility. However, the expressway managers cannot prove that they have fulfilled their reasonable obligations except that.