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Of course!!! The perpetrator shall bear full responsibility for the accident, and the parties shall report to the public security and traffic organs, and if the perpetrator's escape constitutes a crime, criminal responsibility shall be investigated. As for compensation, you can claim medical expenses, lost work expenses, vehicle damage expenses, etc., and if it constitutes disability, you should also pay disability compensation.
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Paragraph 2 of Article 2 of the Interpretation stipulates that if a traffic accident causes serious injury to more than one person, and bears all or the main responsibility for the accident, and has any of the following circumstances, it shall be convicted and punished as the crime of traffic accident:
1) Driving a motor vehicle after drinking alcohol or taking drugs;
2) Driving a motor vehicle without driving qualifications;
3) Knowingly driving a motor vehicle with incomplete safety devices or malfunctioning safety components;
4) Knowingly driving a motor vehicle without a license or has been scrapped;
5) Driving with serious overload;
6) Fleeing the scene of an accident in order to evade legal prosecution.
Did you call the police after the accident? Is there a traffic accident liability determination from the traffic police department?
Are there any eyewitnesses?
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Yes, the crime of causing a traffic accident, if that person is brought to justice, your third uncle can file for civil compensation during the lawsuit.
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The crime of traffic accident generally needs to reach this level: killing more than 1 person or seriously injuring 3 or more people or causing an economic loss of 300,000 yuan...
If the other party hits and runs and causes your third uncle to go blind, it is estimated that it can also be purchased as a traffic accident, right? The plot is so bad.,I guess.。。。
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Yes. Absolutely.
But the premise is to find the other party, otherwise any crime is empty words.
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Legal analysis: traffic hit-and-run shall be subject to administrative penalties, compensation for economic losses, and criminal liability shall be investigated if serious injury or death is caused. Shouting.
Legal basis: Article 101 of the Road Traffic Safety Law of the People's Republic of China Anyone who violates the provisions of road traffic safety laws and regulations and causes a major traffic accident that constitutes a crime of suffocation shall be investigated for criminal responsibility in accordance with the law, and the motor vehicle driver's license shall be revoked by the traffic management department of the public security organ.
If a person escapes after causing a traffic accident, the traffic management department of the public security organ shall revoke the motor vehicle driver's license, and shall not re-obtain the motor vehicle driver's license for life.
Criminal Law of the People's Republic of China Article 133 Whoever violates the regulations on the administration of transportation, thereby causing a major accident that causes 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 shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall be sentenced to fixed-term imprisonment of not less than seven years, shall be sentenced to fixed-term imprisonment of not less than seven years.
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The consequences of a hit-and-run hit-and-run involving a person are as follows:
1. If a person escapes after causing a traffic accident and does not constitute a crime, the traffic management department of the public security organ shall impose a fine of not less than 200 yuan but not more than 2,000 yuan and be detained for not more than 15 days;
2. Driving a motor vehicle while intoxicated, causing a traffic accident and bearing full or primary responsibility for the accident, or escaping after causing a traffic accident, but not constituting other crimes, shall be given a heavier punishment in accordance with the provisions of relevant laws.
If a traffic hit-and-run constitutes a crime, the crime may be the crime of causing a traffic accident, dangerous driving, intentional homicide, intentional injury, etc.
The crime of causing a traffic accident refers to the act of violating traffic and transportation management regulations, resulting in a major accident, causing serious injury or death, or causing major damage to public or private property.
The constitutive elements of the crime of causing a traffic accident are as follows:
1. Object element: The object of this crime is the safety of transportation. Transportation refers to railway, highway, water and air transportation that is linked to certain means of transportation and transportation equipment, and the characteristics of this kind of transportation are that it is closely linked to the safety of the lives and property of the broad masses of the people, and once an accident occurs, it will endanger the life safety of an unspecified number of people.
causing extensive damage to public and private property, so that its conduct is essentially a crime endangering public security;
2. Objective elements: The objective aspect of this crime is that it violates traffic and transportation management regulations in transportation activities, resulting in a major accident, causing serious injury or death, or causing major losses to public or private property;
3. Subject Elements: The subject of this crime is a general subject. That is, any natural person who has reached the age of 16 and has the capacity for criminal responsibility can be constituted.
The subject cannot be understood as all personnel working in the above-mentioned transportation departments, nor can it be understood as only referring to the drivers of trains, automobiles, trams, ships, aircraft and other means of transportation, but should be understood as all personnel directly engaged in transportation business and ensuring transportation and non-transportation personnel;
4. Subjective elements: The subjective aspect of this crime is manifested as negligence, including negligence and overconfidence. This negligence refers to the mental attitude of the perpetrator towards the serious consequences that his violation may cause.
The perpetrator may knowingly commit a violation of rules and regulations, such as drunk driving, forcible overtaking, speeding, etc., but a major accident may occur to his or her violation, causing serious consequences, and should have been foreseen but was negligent and did not foresee, or although it was foreseen, it was credulous that it could have been avoided, and serious consequences were caused by opening the guard.
Criminal 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; Whoever slips and escapes after causing a traffic accident or has other especially heinous circumstances, is to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.
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1. What is the crime of hit-and-run after a car crash?
1. A hit-and-run after a crash is a traffic accident. If a person hits and runs after a car crash, the criminal suspect will be sentenced to fixed-term imprisonment of not less than three years but not more than seven years by the people's court. Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.
2. Legal basis: Article 133 of the Criminal Law of the People's Republic of China.
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.
2. What are the constitutive elements of the crime of causing a traffic accident?
1. The object of the crime of causing a traffic accident. It refers to the major transportation safety protected by the Criminal Law of the People's Republic of China. Because only if a traffic accident is caused and has major consequences, can it constitute the crime of causing a traffic accident.
If it is only a traffic accident without causing major consequences, it does not constitute the crime of causing a traffic accident, and it is also not a social relationship to be protected, and cannot constitute the object of the crime of causing a traffic accident;
2. The objective aspect of the crime of causing a traffic accident is manifested in the conduct of the perpetrator violating traffic and transportation management regulations, resulting in a major accident, causing serious injury or death, or causing major losses to public or private property;
3. The subject of the crime of causing a traffic accident is a general subject, that is, a natural person who has reached the age of 16 and has the capacity for criminal responsibility. In practice, it is mainly people who are engaged in transportation. Whether the crime of traffic accident is established in a case where a person under the age of 16 and over the age of 14 causes an accident by driving a motor vehicle and causing a major accident;
4. The subjective aspect of the crime of traffic accident is negligence. It is both negligent and overconfident. The negligence emphasized in the crime of traffic accident refers to the actor's mental attitude towards the serious consequences of the accident, and as for the duty of care for violating the traffic and transportation management regulations, it may be either knowingly committed or negligent, which does not affect the establishment of the crime of traffic accident.
If the perpetrator subjectively has an intentional mental attitude towards the serious consequences caused by his act, then the act should be punished as the crime of intentional injury, intentional homicide and other related crimes, and does not constitute the crime of causing a traffic accident.
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Legal analysis: the hit-and-run car in the traffic accident does not necessarily constitute a crime, if it only causes minor injuries to the victim, in the case of a small amount of property damage, the escapee does not constitute a crime, but the traffic management department of the public security organ can still impose a fine of more than 200 yuan and less than 2,000 yuan on the driver of the escaped vehicle.
Legal basis: Article 99 of the Road Traffic Safety Law of the People's Republic of China Any person 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 a motor vehicle driver's license revoked, or during the period when the motor vehicle driver's license has been 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 suspended;
3) Fleeing after causing a traffic accident that does not constitute a crime;
4) The motor vehicle is driving more than 50% 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 a motor vehicle left by a brother or a chain, and refusing to heed dissuasion, causing serious traffic obstruction or relatively large property damage.
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; In any of the circumstances in items 1, 3, 5 through 8, they may be detained concurrently for up to 15 days.
According to the provisions of Article 99 of the Road Traffic Safety Law, if it does not constitute a crime to escape after causing a traffic accident, the traffic management department of the public security organ shall impose a fine of not less than 200 yuan but not more than 2,000 yuan; Article 101 stipulates that if a major traffic accident constitutes a crime and escapes, the traffic management department of the public security organ shall revoke the motor vehicle driver's license, and shall not re-obtain the motor vehicle driver's license for life. >>>More
The so-called traffic hit-and-run refers to the act of the perpetrator fleeing after a traffic accident in order to avoid legal prosecution. It should be pointed out that to constitute an aggravating circumstance, it is first required that the perpetrator's act of causing the accident has constituted the crime of causing a traffic accident, otherwise the act of traffic hit-and-run can only be considered as a convicting circumstance when determining whether it constitutes the crime of causing a traffic accident; Second, it is required that the perpetrator clearly knows that he has committed a traffic accident, and if he does not have knowledge of the accident, it is naturally impossible to have the motive to evade legal prosecution, and it does not constitute a traffic hit-and-run act. Thirdly, the evasion of responsibility for the investigation and determination of the victim's responsibility is still constituted a traffic hit-and-run. >>>More
1. "Does his family (brothers and sisters, all of whom have separated) need to bear legal responsibility?" ”: >>>More
Of course, it should be punished by law.
Hit-and-run criminal law. >>>More