Determination of liability and compensation for death caused by traffic accidents

According to the provisions on the handling of road traffic accidents, the scope of compensation for damages includes: medical expenses, lost work expenses, hospital meal subsidies, nursing expenses, transportation expenses, accommodation expenses and direct property losses. If disability is caused, there are also disability compensation, disability equipment expenses and spiritual solace money; In the event of death, there shall be death compensation, living expenses for dependents, etc., and each compensation item shall be determined according to the actual situation, and the expenses shall be settled at one time.

As for the determination of liability after a traffic accident, the traffic management department of the public security organ will determine the responsibility of the party concerned according to the role of the behavior of the party involved in the traffic accident and the severity of the fault. The division of liability for traffic accidents is based on the determination of liability for traffic accidents. There are uniform provisions on the determination of traffic accident liability in China, which are divided into full liability, primary liability, equal liability, secondary liability and no liability.

Legal basisArticle 17 of the Judicial Interpretation on Compensation for Personal Injuries.

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 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 the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation. Where the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, lodging expenses, and lost work expenses incurred by the victim's relatives in handling funeral matters.

1. If the accident occurred due to the deceased's own illegal acts during his lifetime, he should be deemed liable;

2. If the traffic accident directly causes the death of the victim or the death after the rescue fails, the perpetrator bears full or primary responsibility for the accident.

How to sue the other party for traffic accidents.

1. Prepare the complaint and evidence materials to the court for prosecution;

2. If the conditions for filing a lawsuit are met, the court shall file and accept the case;

3. The court hears and makes a judgment;

4. If the parties perform the obligations stipulated in the judgment, and one party fails to perform, the other party may apply for compulsory enforcement.

[Laws and Regulations].Article 60 of the Provisions on Procedures for Handling Road Traffic Accidents.

The traffic management department of the public security organ shall determine the responsibility of the party according to the role of the party's behavior in the occurrence of road traffic accidents and the severity of the fault.

1) If a road traffic accident is caused by the fault of one party or the party, it shall bear full responsibility;

2) Where a road traffic accident occurs due to the fault of two or more parties, they shall bear primary responsibility, equal responsibility and secondary responsibility respectively according to the effect of their actions on the accident and the severity of the fault;

3) None of the parties is at fault for causing the road traffic accident, and if it is a traffic accident, none of the parties is liable.

If one party intentionally causes a road traffic accident, the other party is not liable.