What compensation should a 72 year old man get for being killed by a drunk driver

The driver is drunk driving, and the crime of traffic accident is applicable to criminal responsibility.!

Traffic Accident Death Compensation] Article 37 of the Measures for the Handling of Road Traffic Accidents stipulates:

7) Funeral expenses: paid according to the funeral expenses standard of the place where the traffic accident occurred.

8) Death compensation: calculated according to the average cost of living in the place where the traffic accident occurred, compensation for 10 years. for those under the age of 16, the age is reduced by one year for each year younger; For those over 70 years of age, the age shall be reduced by one year for each additional year, and shall not be less than five years in the most places.

9) Living expenses of dependents: limited to the deceased or the disabled person who was actually supported before his or her death or before the disabled person lost the ability to work, and who had no other livelihood, and was calculated according to the subsidy standard for the living difficulties of residents in the place where the traffic accident occurred. Persons under the age of 16 are supported up to the age of 16.

For a person who is unable to work for 20 years, but over the age of 50, the age shall be reduced by one year for each additional year, with a minimum of not less than 10 years; Those over the age of 70 are counted as five years. Support for other dependants for five years.

10) Transportation expenses: calculated according to the actual necessary expenses of the parties, paid by vouchers.

11) Accommodation expenses: calculated according to the accommodation standards of general staff of state organs in the place where the traffic accident occurred, and paid by vouchers.

Article 38 stipulates that "the transportation expenses, lost work expenses, and accommodation expenses required by the relatives of the parties participating in the handling of traffic accidents shall be shared according to the responsibility for the traffic accident, and the number of people who calculate the expenses shall not exceed three." ”

Article 35 stipulates that "the person responsible for the traffic accident shall bear the corresponding liability for damages in accordance with the traffic accident responsibility."

Compensation according to the scope of compensation for personal injuries mainly includes funeral expenses, death compensation, spiritual solace, etc.

1. The legal basis for compensation for death caused by drunk driving is Article 17 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, and the compensation obligor shall compensate the victim for personal injury, and the various expenses incurred due to medical treatment and the income lost due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses;

2. If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of ability to work, including disability compensation, disability assistive device expenses, and living expenses of dependents, as well as the necessary expenses, nursing expenses, and subsequent renewal expenses actually incurred due to nursing care and continuation;

3. Where the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of this article in accordance with the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the death compensation, and other reasonable expenses such as transportation expenses, accommodation expenses, and loss of work incurred by the victim's relatives in handling funeral matters.

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.

Death compensation shall be calculated over a period of 20 years according to 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; Those over the age of 75 are counted as five years.

For a 68-year-old man, he or she has 12 years left, and 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 is multiplied by 12 to determine the death compensation.

Drunk driving causes death, full responsibility. According to the relevant provisions of the Criminal Law, the landlord may be sentenced to imprisonment for not less than three years but not more than seven years.

is about to face prison, and the landlord is still concerned about compensation? Admire the landlord.

The compensation for the death caused by the traffic accident is related to the nature of the deceased's household registration and the area where the accident occurred, and the amount of compensation cannot be calculated only on the basis of the conditions given by the landlord.

The approximate compensation items are:

1. Property loss: calculated according to the actual amount incurred;

2. Rescue expenses: calculated according to the actual amount incurred;

3. Funeral expenses: the average salary of the local previous year, calculated on the basis of six months;

5. Death compensation: the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year is calculated on the basis of 5 years (the landlord said that the deceased was 75 years old, so it is calculated on the basis of 5 years);

6. Transportation expenses: The expenses incurred by the victim and his or her necessary escorts for medical treatment or hospital transfer** shall be calculated according to the actual amount incurred (subject to the bill);

7. Room and board expenses: The accommodation expenses incurred by the victim and his escort due to ** shall be calculated according to the actual amount incurred (subject to the bill);

8. Spiritual solace: there is no standard, subject to negotiation between the two parties;

9. Others: The expenses incurred by the relatives of the deceased in participating in and preparing for the funeral of the deceased shall be calculated according to the actual amount incurred (subject to the bills).

All of the above are the basis for the court's judgment. If the negotiation between the two parties is carried out without going through the court, the result of the negotiation shall prevail.

1. If drunk driving causes death, if it is the main responsibility, then it is suspected of the crime of causing a traffic accident and needs to be investigated for criminal responsibility in accordance with the law.

2. According to the laws and regulations of our country, whoever commits the crime of causing a traffic accident shall be sentenced to fixed-term imprisonment of not more than 3 years or criminal detention.

3. In addition, it is also necessary to bear the corresponding civil liability.

4. It is recommended to negotiate with the victim's family on compensation matters to obtain understanding and strive for a lighter punishment.

First of all, the drunk driving insurance company refused to accompany you. At the age of 75, there should be no longer any old and young, and the basic compensation will be based on the per capita disposable income x years x level of the previous year of the household registration.

Hello, this depends on the other party's family conditions to compensate.

There are old and young people on the other side, so they have to accompany more.

Generally, 75-year-olds are only about 500,000.

Regardless of age, drunk driving is a heavy sentence.

If a 70-year-old man is drunk and causes a traffic accident, he will not be sentenced according to the law.

In our country, everyone is equal before the law. It doesn't matter if you are 70 years old or 80 years old, or 910 years old, drunk driving will still bear criminal responsibility; If a drunk driver has a traffic accident, he must bear the corresponding criminal responsibility!

This specific situation is analyzed on a case-by-case basis, as long as the 70-year-old man is a person with full capacity for responsibility, he will definitely be sentenced, and if the old man is mentally ill, his family will be liable for compensation! But no sentence!!

If a 70-year-old person is drunk and drives and causes a traffic accident, the circumstances are serious, and he must still be sentenced in accordance with the national criminal judgment.

Violations of laws and regulations must be punished. The sentence will definitely be imposed. However, it is possible to serve a sentence outside of prison or community supervision.

Regardless of whether you are drunk and driving, you have to pay money, and the specific amount of compensation depends on how the court decides, and it depends on how much the old man's pension is, if he is a cadre or teacher retires, he will lose a lot of money. Drunk driving, that is, compulsory insurance, can be partially reimbursed.

Compulsory traffic insurance is a statutory motor vehicle insurance, which is a mandatory measure for the state to protect the interests of the injured party in a motor vehicle traffic accident and to maintain national stability and social harmony. Commercial insurance, on the other hand, is completely market-oriented, fully respects the wishes of the insured, and voluntarily insures the insurance. According to Article 22 of the Regulations on Compulsory Traffic Insurance, if the insured motor vehicle is not qualified to drive, the driver is drunk, the insured motor vehicle is stolen and robbed, and the insurer intentionally causes a road traffic accident, causing the victim to be injured and needs to be rescued, the insurer shall pay the rescue expenses that meet the requirements within the compensation limit for medical expenses, and if the insured is not responsible in the road traffic accident, the insurer shall pay within the limit of medical expenses for which the insured is not liable.

For other losses and expenses, the insurance money is not responsible for advance payment and compensation. If the drunk driver does not reach the state of intoxication, it is the liability of compulsory traffic insurance; For drunk driving, the insurance company can recover the rescue expenses paid in advance and not compensate for the property expenses, but for the death and disability expenses, it can be handled through litigation.

The person obligated to compensate the victim for personal injury, all expenses incurred due to medical treatment** and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.

If the victim is disabled due to injury, the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of ability to work, including disability compensation, disability assistive device expenses, living expenses of dependents, as well as the necessary expenses incurred due to the actual verification of nursing care, nursing expenses, and follow-up expenses, the compensation obligor shall also compensate.