John, driving his truck on the street, was attracted by a burning car on his left side, then hit Mary, causing her personal injury. John felt sorry for Mary, but did not offer anything to compensate Mary. Which of the following is INCORRECT at law?
AMary may sue John on negligence to recover damages for her personal injury.
BJohn is not held criminally liable for his negligence unless Mary places criminal charge against John within six months after the incident.
CJohn is not legally liable for this incident at all for it is no more than an accident.正確答案
DThe fact that Mary is covered by accident insurance is not a defense for John not to compensate Mary.
答案與詳解
C
正確答案
本題測驗過失侵權、告訴乃論期間及保險理賠與侵權賠償之關係，開車分心撞人具過失，非純屬意外。
逐選項解析
AMary may sue John on negligence to recover damages for her personal injury.過失侵權✕ 錯誤
John 開車分心未注意車前狀況撞傷 Mary，構成過失侵權行為，Mary 自得依法訴請損害賠償。
BJohn is not held criminally liable for his negligence unless Mary places criminal charge against John within six months after the incident.告訴乃論期間✕ 錯誤
過失傷害罪屬告訴乃論，告訴期間為六個月。若 Mary 未於六個月內提告，John 即不受刑事追訴。
CJohn is not legally liable for this incident at all for it is no more than an accident.✓ 正確
DThe fact that Mary is covered by accident insurance is not a defense for John not to compensate Mary.✕ 錯誤
