After friends eat together, one of them dies in a car accident, is the person at the same table resp

Personally, I think:

Clause. 1. Regarding the question you raised, according to my understanding, it is like this: many friends eat together, in the process of eating, there are mutual toasts and drinking behaviors, after the meal, one of them died due to a drunk driving accident, do you want to know whether these people who eat together are responsible?

Clause. 2. According to my understanding, there are two key things between the beginning of eating and the accident while driving: one is drinking, and the other is driving.

And for both of these things, although other (her) friends may have advice of one kind or another, the person involved in the accident has the right and ability to decide for himself whether he or she should drink or drive. Therefore, the words, deeds or attitudes of other friends may have some influence on the person who has the accident, but they will not have a direct and necessary causal relationship. Therefore, other friends should not be held responsible for the accident.

Liability here refers to criminal liability or civil liability.

Clause. 3. From another aspect, we can reason: if everyone knows that the person who has the accident is going to drive after eating, they can not discourage alcohol during the meal, and ask the person who caused the accident not to drink; Even if the person involved in the accident has been drinking, it is possible to persuade the person not to drive, so that the accident can be avoided.

So, I think the people you eat with have a moral responsibility, and that moral responsibility is not coercive, but it's really important. Although this moral responsibility is discussed now, it is not possible to undo the damage that has already occurred; But if more people can understand this responsibility and shoulder this responsibility, it is possible to avoid many similar unfortunate accidents in the future.

Clause. 4. To sum up, my reply is: first, after friends have dinner together, one of them dies in a car accident, and the person at the table has no criminal or civil liability; Second, friends have moral responsibility for accidents, and I hope that more people will shoulder such moral responsibilities and avoid similar accidents in the future.

Legal Analysis: If a traffic accident occurs while drinking, and the drinking friends at the same table of Qingshu have the following circumstances, they shall be jointly and severally liable: 1. Compulsive persuasion of alcohol, or the act of persuading the other party to drink alcohol even though he is drunk, unconscious, and has no self-control.

2. Knowing that the other party of the respondent cannot drink alcohol, such as knowing the other party's physical condition, but still persuading him to drink alcohol to induce illness, etc. 3. Failure to deliver the drunk person safely. Fourth, drunk driving is not discouraged.

Those who can prove that they have prevented the driver from drinking alcohol during the banquet and advised the driver not to drive are not liable. Legal basis: "Road Traffic Safety Law of the People's Republic of China" Article 91 Anyone who drives a motor vehicle after drinking alcohol shall have his motor vehicle driver's license suspended for six months and shall be fined not less than 1,000 yuan but not more than 2,000 yuan.

Those who are punished for driving a motor vehicle after drinking alcohol and drive a motor vehicle after drinking alcohol again are to be detained for up to 10 days, fined between 1,000 and 2,000 RMB, and have their motor vehicle driver's license revoked. If a person drives a motor vehicle while intoxicated, the traffic management department of the public security organ shall restrain him until he sobers up, revoke the motor vehicle driver's license, and pursue criminal responsibility in accordance with law; A motor vehicle driver's license may not be re-obtained within five years. Anyone who drives a commercial motor vehicle after drinking alcohol shall be detained for 15 days, fined 5,000 yuan, have his motor vehicle driver's license revoked, and shall not re-obtain a motor vehicle driver's license for five years.

Anyone who drives a motor vehicle while intoxicated shall be restrained by the traffic management department of the public security organ until he sobers up, and the driver's license of the motor vehicle shall be revoked, and criminal responsibility shall be investigated in accordance with law; A motor vehicle driver's license shall not be re-obtained within ten years, and after the motor vehicle driver's license is re-obtained, a motor vehicle shall not be driven. If a major traffic accident occurs after drinking alcohol or driving a motor vehicle while drunk, and a crime is constituted, criminal responsibility shall be investigated in accordance with law, and the motor vehicle driver's license shall be revoked by the traffic management department of the public security organ, and the motor vehicle driver's license shall not be re-obtained for life.

If someone has a traffic accident after drinking, the person at the table is likely to be jointly and severally liable for civil compensation, and the person at the table is mainly liable for the act of forcing and persuading him to drink, knowing that the person is going to drive, but not dissuading him. If these people who drink together do not know that the person concerned still wants to drive, or if they persuade the person not to drive after drinking, they are not liable.

1. After drinking together, who has a traffic accident with others, and whether the person at the same table is liable?

1. If the person at the same table knows that the driver is drinking, he can foresee the serious consequences of drunk driving, and if he does not stop or even condone, it is an indirect violation of the "Road Traffic Safety Law" and should bear certain civil liability. If the accident is serious, criminal liability may also be incurred.

2. The drinking friends at the same table and the accompanying passengers shall bear joint and several liability

One is to forcibly persuade him to drink, or to persuade the other party to drink even though he has been told that he wants to drive;

The second is knowing that the driver has been drinking, but not completely dissuading it, which means calling the police immediately after learning of drunk driving.

3. Paragraph 3 of Article 23 of the Road Traffic Safety Law stipulates that no one shall force, instigate or condone a driver to drive a motor vehicle in violation of road traffic safety laws and regulations and requirements for safe driving of motor vehicles.

2. What are the penalty standards for drunk driving?

1. Drunk driving, the driver's license shall be suspended for 6 months, and a fine of not less than 1,000 yuan but not more than 2,000 yuan shall be imposed. Those who have previously been punished for drunk driving and drive under the influence of alcohol again shall be detained for up to 10 days, fined between 1,000 and 2,000 yuan, and have their driver's license revoked.

2. Driving a commercial vehicle under the influence of alcohol shall be detained for 15 days, fined 5,000 yuan, and the driver's license shall be revoked, and the driver's license shall not be re-obtained within 5 years.

3. What are the penalty standards for traffic accidents caused by drunk driving?

Article 133 of the Criminal Law of the People's Republic of China [Crime of Causing Traffic Accidents] stipulates: Whoever violates traffic and transportation management regulations, thereby causing a major accident, causing serious injury or death, 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. Whoever drives a motor vehicle on the road to chase and race, and the circumstances are heinous, or drives a motor vehicle while intoxicated on the road, shall be sentenced to short-term detention and a concurrent fine.

To sum up, there are strict conditions for these friends and colleagues who drink together to be liable for compensation to the driver who drives under the influence of alcohol. In fact, conniving at or instructing the driver to do some driving behaviors that violate the laws and regulations of the country is equivalent to an indirect violation of the legal system.

Summary. Hello dear! We'll be happy to answer for you; As a person who drinks at the same table, if he is at fault, he will be compensated according to his fault; If there is no fault, the corresponding civil liability shall be shared as appropriate.

There is a precedent for death from drinking at the same table, and there is a precedent for compensation for other people at the same table, but not all cases can be compensated. The person at the table did not persuade or force him to drink, and no one knew that he would ride a motorcycle home, in this case, no one else was responsible, and if he knew that he had drunk alcohol and did not persuade him not to ride an electric car, there may be some fault.

Several people formed a group to drink, and one person went home and died in a car accident across the road, how much responsibility did the table have.

Hello dear! We'll be happy to answer for you; As a person who drinks at the same table, if he is at fault, he will be compensated according to his fault; If there is no fault, the corresponding civil liability shall be shared as appropriate. There is a precedent for death from drinking at the same table, and there is a precedent for compensation for other people at the same table, but not all cases can be compensated.

The person at the table did not persuade or force him to drink, and no one knew that he would ride a motorcycle home, in this case, no one else was responsible, and if he knew that he had drunk alcohol and did not persuade him not to ride an electric car, there may be some fault.

Legal basis: Article 1165 of the Civil Code of the People's Republic of China: Where an actor infringes upon the civil rights and interests of others due to fault and causes harm, he shall bear tort liability. Where it is presumed that the actor is at fault in accordance with the provisions of law, and he cannot prove that he is not at fault, he shall bear tort liability.

Article 1166:Where the actor causes harm to the civil rights and interests of others, regardless of whether the actor is at fault or not, and the law provides that they shall bear tort liability, follow those provisions. Article 1172:Where two or more persons separately commit tortious acts causing the same harm, and the size of responsibility can be determined, they each bear corresponding responsibility; Where it is difficult to determine the size of the responsibility, the responsibility is to be borne equally.

Summary. Responsible.

Drinking at the same table, a drinking friend was seriously injured in a car accident on the way home. Is the person at the table responsible?

Responsible. I was also a guest at someone else's house, and he was able to drink himself without being persuaded to drink during meals.

The family of the person who had the accident will be held accountable.

I'm just drinking at the same table with him, not the owner, and how much responsibility I have.

If the other party or the family doesn't pursue this matter, then it's okay.

If so, how much I am responsible, you tell me.

10 people drink, that's 10th.