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It is best for the family to find a professional lawyer to deal with litigation matters, review the case file, analyze the case situation and risks, and discuss favorable countermeasures with you.
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From what you have stated, it can be seen that you are responsible for overloading and driving under the influence of alcohol, but not driving while intoxicated. As for the question of the size of the responsibility. According to the law, there are the following ways to bear responsibility for traffic accident liability:
One is equal liability, that is, both parties account for 50% of the liability, and the other is primary liability and secondary liability, you should belong to this category, in this type of liability, the proportion of primary liability and secondary liability is determined according to the specific circumstances of the case, and the proportion varies from 10-90%. It is more common for the primary liability to bear 60%-90% and the secondary liability to be 40%-10%. In your case, it is estimated that you will bear 20-30%, depending on the court decision.
There is no clear legal provision on the proportion of liability. The second is full responsibility.
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Yes, there were two motorcycles that collided on the side of Tanzhou, and what I saw with my own eyes was very spectacular, and one motorcycle was split into two pieces.
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There was a traffic jam, because the situation at the scene was also very critical at that time, and it caused a large number of deaths and injuries, so there was a traffic jam, and the scene was very shocking.
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Yes, this is because the collision of vehicles in this place is more serious, so it affects the normal travel of local people, so there are more people and cars in congestion.
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The traffic jam was caused, and the situation was also very serious, many cars were injured to varying degrees, and the scene was very chaotic.
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The traffic jam is severe. Because the 11-vehicle collision is a large-scale traffic accident, it is necessary to protect the scene and wait for the traffic police to deal with it.
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It has caused a very serious traffic jam, and there is no way to walk at all. It was a terrible situation.
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Please read the full text clearly, and don't spread rumors.
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It is because the driver of a car does not observe the road surface in time and process the road information, which eventually leads to the accident.
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The reason is that the truck in the rear suddenly has a brake failure, which eventually causes the runaway truck to collide with other social vehicles waiting in front of it, causing a series of car accidents.
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The exact cause of the accident is not yet known, but an investigation is underway.
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First, death compensation.
Article 29 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases stipulates that "death compensation shall be calculated over a period of 20 years in accordance with the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed." However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; If the dagger is over 15 years old, it will be counted as five years. ”
It is calculated as follows:
Death compensation per capita income of the previous year in the place where the person responsible for the accident is located for 20 years.
In this case, the victim is a rural household registration, so it should be calculated according to the average annual income of rural areas, and after investigation, in 2011, the per capita disposable income of urban households in Zhongshan was 20 = yuan.
Second, the maintenance of dependants.
Article 28 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases stipulates that: "The living expenses of the dependents shall be calculated according to the degree of the dependent's inability to work, and in accordance with the per capita consumption expenditure of urban residents and the per capita annual living expenditure of rural residents in the previous year at the location of the court where the lawsuit is filed. if the dependant is a minor, it is calculated to be 18 years old; If the dependant is unable to work and has no other livelihood**, 20 years shall be counted.
However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years. Dependents refer to minors who are legally obliged to support the victim or adult close relatives who have lost the ability to work and have no other livelihoods. Where the dependents have other dependents, the compensation obligor shall only compensate the victim for the portion that should be borne in accordance with law.
Where there are several dependents, the total amount of annual compensation shall not exceed the per capita consumption expenditure of urban residents or the per capita annual living expenditure of rural residents in the previous year. ”
It is calculated as follows:
The amount of compensation for the living expenses of the dependents The per capita annual consumption expenditure of the person responsible for the accident in the place where the person responsible for the accident is located, and the number of years of support.
This item is an adult close relative whose parents are not able to work and have no other livelihood, so there is none.
Third, funeral expenses.
Article 27 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases stipulates that "funeral expenses shall be calculated on the basis of the average monthly wage of employees in the previous year at the location of the court where the lawsuit is filed, and shall be calculated on the basis of the total amount for six months." "According to the above provisions, the calculation of funeral expenses shall be based on the average monthly wage of employees in the previous year at the location of the court where the lawsuit is filed. The location of the court to which the lawsuit is filed is generally the location of the defendant, and when there is no need to go through litigation procedures, it is deemed to be the location of the person responsible for the accident.
It is calculated as follows:
Compensation for funeral expenses The average monthly salary of employees in the previous year in the place where the person responsible for the accident is located is 6 months.
After investigation, the average annual wage of employees in Zhongshan City in 2011 was 22,239 yuan, with a monthly average of 1,853 yuan 6=11,118 yuan.
In the end, the amount of compensation is death compensation yuan + funeral expenses of 11,118 yuan = yuan.
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If the main responsibility lies with the driver, then the driver has committed a traffic accident and is sentenced to up to 3 years in prison! You can ask him to pay more than you points for compensation, write him a letter of forgiveness, and ask the court to deal with it leniently, after all, people cannot be resurrected after death! As for compensation, according to the 20-year compensation of the per capita village income of rural residents in Zhongshan City, it is believed that at the level of Zhongshan, it is about 9,000 per year, so it is 180,000.
In addition to this, it is possible to claim compensation for moral damages. In addition, you can request compensation from the defendant for all kinds of medical expenses and lost work expenses that you have lost because of this!! That is to say, as long as you feel that you have lost materially because of this matter, you can ask the court to support it, not afraid of more, afraid of less, the court will support what it can support, and what it does not support also has a legal basis!
Each person's level is limited, forgive me for any shortcomings!
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You can claim death compensation, funeral expenses, spiritual solace, etc., and the specific amount of compensation needs to be determined by the traffic police for the accident.
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(1) Medical expenses: calculated according to the necessary expenses of the hospital for the parties' traffic accident trauma, and paid by vouchers. If it is truly necessary to continue after the case is concluded, it shall be paid in accordance with the necessary expenses.
2) Compensation for lost work: If the party has a fixed income, it shall be calculated according to the fixed income reduced by the person due to lost work, and if the income is more than three times the average living expenses of the place where the traffic accident occurred, it shall be calculated according to three times; If there is no fixed income, it shall be calculated according to the average income of the same state-owned industry in the place where the traffic accident occurred.
3) Hospitalization meal subsidy: calculated according to the business trip meal subsidy standard for the staff of the state organ where the traffic accident occurred.
4) Nursing expenses: During the period of hospitalization of the injured person, if the nursing staff has income, it shall be calculated in accordance with the provisions on lost work expenses; If there is no income, it shall be calculated according to the average cost of living in the place where the traffic accident occurred.
5) Living allowance for the disabled: calculated according to the level of disability and the average living expenses of the place where the traffic accident occurred. Compensation for 20 years from the month of disability.
However, if the age is over 50 years old, the age shall be reduced by one year for each additional year, and the minimum shall not be less than 10 years; Those over the age of 70 are counted as five years.
6) Expenses for disability appliances: If it is necessary to prepare compensatory appliances due to disability, the cost of universal appliances shall be calculated according to the hospital certificate.
7) Funeral expenses: paid according to the funeral expenses standard of the place where the traffic accident occurred.
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Today, a traffic accident occurred in Zhongshan City, and the traffic police quickly arrived at the scene with a smile button to maintain traffic order, please slow down.
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