My wife and child were hit by a car, the child died, and the driver fled the scene, what should I do

The driver who escaped generally bears full responsibility for the accident, and in this case, one person died, and the driver has already committed the crime of causing a traffic accident and is sentenced to three to seven years.

In addition to compensation for expenses related to the rescue period, compensation shall also be made for funeral expenses, living expenses of dependents (if there are dependents raised by the deceased during his lifetime), compensation for death, expenses for mental damages, and other reasonable expenses such as transportation expenses, accommodation expenses, and loss of work incurred by the victim's relatives in handling funeral matters.

2. 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 standards of 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.

3. The death compensation shall be calculated on the basis of 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, and shall be calculated over a period of 20 years. 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.

The specific amount is calculated according to the deceased's household registration (note that although the deceased is a rural household registration, but has lived and lived in the city for a long time, the relevant expenses can also be calculated according to the resident standard), local statistics, the number of dependents, age, local living standards, etc., and the calculated total amount is within the limit of the other party's vehicle compulsory insurance shall be compensated by the insurance company in full, and the excess part shall be compensated according to the proportion of accident liability.

It also depends on whether your wife and children have violated the relevant traffic rules...

If not... The driver can be held fully criminally responsible...

If there is ... Then it will be sentenced according to the relevant responsibility...

Specifically, it is recommended that you ask a lawyer or consult a relevant consulting agency. . .

Whether the driver constitutes a traffic accident crime must be evaluated by the traffic accident, and if so, the procuratorate will initiate a public prosecution, and then you can submit a civil complaint attached to the criminal case, and the court will also hear the civil compensation part.

Yes, but he turned himself in, and he committed the crime of causing a traffic accident, and the sentence was not heavy. Go to court for a civil lawsuit.

Although I don't understand the relevant laws and can't help much, but when I see it, I come to greet and mourn; Don't tolerate hit-and-run drivers, and don't let them escape the punishment of the law by "surrendering themselves"! The law is on the side of justice.

First of all, look at the determination of responsibility for traffic accidents.

Even if it is an escape, the child has no ability to tell if something is okay. Just walked away, not responsible for the child, so it was considered an escape.

Legal analysisIn order to correctly grasp the issue of conviction for the crime of causing traffic accidents, it is first necessary to draw a clear line between crime and non-crime: whether the perpetrator has violated the rules and regulations, and whether it has caused major harmful consequences. Whether the perpetrator was aware or not, the investigation of the knowledge should adhere to the principle of the unity of subjectivity and objectivity, and should not only be based on the actor's confession, but should also objectively consider whether the perpetrator had knowledge from the time, season, location, road conditions, and knowledge possessed by the actor at the time of the incident, so as to determine whether it constitutes escape.

In the case of traffic accidents caused solely by the perpetrator's violations, he or she is fully responsible; In the case of a major accident caused solely by the victim's negligence, the victim shall be responsible; In the case of an accident caused by the negligence of both the perpetrator and the victim, the negligence of both parties shall be ascertained, and if the perpetrator's conduct constitutes the crime of causing a traffic accident in accordance with Article 1, it shall be convicted and punished in accordance with Article 2 and other provisions and relevant legal provisions. In addition, it is an accident for major traffic accidents caused by irresistible or unforeseeable reasons. For general violations of public security administration and traffic rules, although they have caused certain harmful results, but do not reach the level of seriousness, they should be handled by the public security organs or traffic departments as ordinary traffic accidents.

Legal basisCriminal Law of the People's Republic of China Article 133 Whoever violates traffic and transportation management regulations, thereby causing a major accident, causing serious injury or death to a person or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years. Article 133-1 Driving a motor vehicle on a road in any of the following circumstances is to be sentenced to short-term detention and a concurrent fine: (1) chasing and racing, where the circumstances are heinous; (2) Driving a motor vehicle while intoxicated; (C) engaged in school bus business or passenger transport, seriously exceeding the rated occupant capacity, or seriously exceeding the speed limit; (4) Transporting hazardous chemicals in violation of the regulations on the safety management of hazardous chemicals, endangering public safety.

Where the owner or manager of a motor vehicle bears direct responsibility for the conduct in items (3) or (4) of the preceding paragraph, punishment is to be given in accordance with the provisions of the preceding paragraph. Where conduct in the preceding two paragraphs simultaneously constitutes other crimes, follow the provisions for the heavier punishment at trial and sentencing. Article 133-2 Whoever uses violence or grabs control of a driving control device against a driver of a moving public transport, interfering with the normal operation of the public transport and endangering public safety, is to be sentenced to up to one year imprisonment, short-term detention or controlled release, and/or a fine.

Where the drivers provided for in the preceding paragraph leave their posts without authorization, beat up or assault others on the public transportation they are driving, endangering public safety, they are to be punished in accordance with the provisions of the preceding paragraph. Where conduct in the preceding two paragraphs simultaneously constitutes other crimes, follow the provisions for the heavier punishment at trial and sentencing.

The child was hit by a car, and he still has to say that it's okay, no, is the parent driver an escape? This should not be considered an escape, because the driver also has the consent of the child, and the child said that it was fine, so the driver walked away, is this behavior considered an escape? It can be regarded as a reconciliation with the child, because the child said that there was no problem, so the driver chose to leave, this kind of escape is not an escape at all, escape refers to not getting out of the car, hitting someone, and driving away directly, that kind of escape, like her does not belong to escape.

The child was hit by a car, and the child said that it was okay, although the driver left without the consent of the parents, but this is not an escape, because the driver has already obtained the consent of the party!

The child was hit by a car, the driver came down to check the situation, asked about the child's injury, the child said that it was okay, the driver left this situation is not actually an escape, escape refers to the driver after hitting the person regardless of the direct departure of this situation is called escape.

It doesn't count, because the child said it's okay, and the driver is gone.

The child was hit by a car, and the driver immediately stopped the car to check the child's condition, and the child also said that it was okay, this situation does not belong to escape, and escape means that after the driver hits someone, regardless of the life or death of the injured, he immediately drives away.

The child was hit by a car, nothing happened, that is the best, the best way is to take it to the hospital to check it, and to communicate with him as an adult, after all, it is a child, he is not sensible, in case something happens again in a few days, this is not an escape, but it is definitely not right for him to do that.

It shouldn't be an escape, but the child won't want to deal with the matter like someone else, you can look for witnesses, or the child is lucky if it's okay.

The child was hit by a car, the child said it was okay, the driver left, did not pass the parents, the driver is not an escape, the driver should call ** to the parents, take the child to check, your child said it's okay, it should not be a big problem.

If the child is hit, as long as the driver does not immediately walk away, but gets out of the car to ask your child what the injury is, it is not an escape.

It depends on how old the child is hit, if it is an adult, without the consent of the parents, the driver can go, if it is a minor child, the driver should wait until the parents come, negotiate and solve the problem before leaving.

Although with the consent of the child does not count as an escape.

However, liability cannot be waived.

If the child is a person who does not have full civil capacity.

Parents have the right to claim compensation from the driver who caused the accident.

It's not an escape, you can find him if you have questions.

This isn't an escape, right? It's just that he should contact the parents, which is the right way to deal with it.

If you are incapacitated, you will be considered an escape.

You should still take your child for a check-up and don't dwell on it too much.

The child was hit by a car, the child said that it was fine, and the parents were not invited, and the driver left this is not considered an escape, because the child said that it was okay, and the driver would leave.

Legal analysis: first call the police, which is a must, and then observe whether there is monitoring at the scene, if there is, wait for the police to come to see the monitoring, if not, then find witnesses at the scene to provide the appearance of the car, if you can provide the license plate number is better, so that you will be able to find the vehicle that caused the accident, provided that you must call the police first after being hit.

Legal basis: Road Traffic Safety Law of the People's Republic of China

Article 99 Anyone who commits any of the following acts shall be fined not less than 200 yuan but not more than 2,000 yuan by the traffic management department of the public security organ: (1) driving a motor vehicle without obtaining a motor vehicle driver's license, having the motor vehicle driver's license revoked, or driving a motor vehicle during the period when the driver's license is suspended; (2) Leaving a motor vehicle to be driven by a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or temporarily detained; (3) Fleeing after causing a traffic accident does not constitute a crime; (4) The motor vehicle is driving more than 50 percent of the speed limit; (5) Forcing a motor vehicle driver to drive a motor vehicle in violation of road traffic safety laws, regulations, or requirements for safe driving of motor vehicles, causing a traffic accident, which does not constitute a crime; (6) Forcibly passing in violation of traffic control regulations and not listening to dissuasion; (7) Intentionally destroying, moving, or altering transportation facilities, causing harmful consequences, but it does not constitute a crime; (8) Illegally intercepting or detaining motor vehicles, and refusing to heed dissuasion, causing serious traffic obstruction or relatively large property losses. Where the perpetrator has any of the circumstances in items (2) or (4) of the preceding paragraph, the motor vehicle driver's license may be revoked concurrently; Those who have any of the circumstances in items 1, 3, or 5 through 8 may be detained concurrently for up to 15 days.

Article 100 Anyone who violates the provisions of road traffic safety laws and regulations and causes a major traffic accident that constitutes a crime shall be investigated for criminal responsibility in accordance with the law, and the traffic management department of the public security organ shall revoke the motor vehicle driver's license. If a person escapes after causing a traffic accident, the traffic management department of the public security organ shall revoke the driver's license of the motor vehicle and shall not re-obtain the driver's license for life.

Summary. Hello dear, <>

This situation is not an escape, the child was hit by a car, the driver came down to check the situation, asked about the child's injury, the child said it was okay, the driver left This situation is not actually an escape, escape refers to the driver after hitting someone regardless of the direct departure This situation is called escape.

The child was hit by a car, and the child said that it was okay, without the parents, is the driver an escape?

Hello, <>

This situation is not an escape, the child was hit by a car, the driver came down to check the situation, asked about the child's injuries, the child said it was okay, the driver left this situation is not actually an escape, escape is scattered silver refers to the driver after hitting someone after the nuclear digging stop regardless of the direct departure of the person This situation is called escape.

Compared with drunk driving, the risk of traffic hit-and-run behavior is greater and the harmful consequences to society are more serious. For hit-and-run behavior, the provisions of Article 22 of the Regulations on Compulsory Insurance for Motor Vehicle Traffic Accident Liability should be referred to, and the insurance company has the right to recover from the victim after assuming the responsibility for the rescue expenses in advance, and the victim shall bear the final liability for compensation.