How to deal with traffic accident deaths, and how to deal with traffic accident deaths

Actively compensate the victim's family and obtain a letter of understanding from the family, so that the compensation items that will be suspended are: 1. Medical expenses. Including: diagnosis and treatment fees, medical expenses, hospitalization fees, and others (voucher payment, referral form for foreign **; 2. Lost time pay.

Victim's income standard (days, months, years) Lost work time (actual income is based on actual income, and if there is no actual income, it is based on the average standard of the same industry); 3. Hospitalization meal subsidy. The standard of food allowance for general staff of state organs on business trips (yuan for days of hospitalization); 4. Nursing fees. (If you have income, you will have income, and if you have no income, you will have to work according to the standard number of days; up to 20 years); 5. Nutrition fee.

It is determined on the basis of the victim's disability and the opinions of the medical establishment; 6. Transportation expenses, accommodation expenses (need to be recorded and have certificates) 7, funeral expenses, local six-month on-the-job salary in the current year 8, death compensation is 20 times the local per capita income in urban or rural areas in the current year, 9, the calculation formula of the amount of compensation for the living expenses of the dependents (parents) The amount of compensation for the living expenses of the dependents The per capita annual consumption expenditure of the place where the person responsible for the accident is located, and the number of years of support.

Handling process of traffic accident death: After the traffic accident, the vehicles of all parties to the accident should stay in place, keep the accident scene as much as possible, and immediately report to the insurance company and the traffic police department; If the traffic accident causes the person to be **, he should be sent to the hospital immediately, and try not to move the accident vehicle; If it is an accident handled by the traffic police, the insurance company's investigators do not need to go to the scene to investigate; inspection and identification; Accident identification. Anyone who violates traffic and transportation management regulations and thus causes a major accident, resulting in serious injury or death of 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 by the memorial association.

Article 133 of the Criminal Law of the People's Republic of China [Crime of Causing Traffic Accidents] 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, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years in Luqiao; The penalty for death by escape shall be imprisonment of not less than seven years.

The death in a traffic accident is based on the responsibility of the traffic accident. If you take full responsibility for the accident and repent, then you are guilty of causing a traffic accident, and the compensation for the death should be based on the income of the residents of the deceased's household registration, and then multiplied by 20 years.

If the family member asks for compensation for mental losses and cash compensation, then you can not go to jail, you can directly compensate in cash, if the other party asks for no money, as long as you go to jail, then the other party can only be sentenced to fixed-term imprisonment.

If the person concerned is responsible for the accident, then the crime of causing a traffic accident is constituted, and he may be sentenced to fixed-term imprisonment of not more than three years.

In the event of a traffic accident causing death, you must first go to the traffic police department to get the traffic accident responsibility certificate, and after getting the responsibility determination draft, you need to contact the registered party of the accident responsibility or the party responsible for the accident. The matter of his compensation is appropriate, including the scope of the insurance company's claim, and the insurance company will also intervene.

In the case of traffic accident death, the traffic police must first determine the responsibility, and then divide the accompaniment according to the proportion of responsibility.

The handling of the death of a person is based on the division of responsibility for the traffic accident, if you bear all the responsibility for the traffic accident, then it is up to you to bear all the compensation, if the other party is responsible, the other party should compensate for the death of the person and the death of the filial piety.

After the accident occurs, the vehicles of all parties involved in the accident should be parked in place, keep the scene of the accident, and immediately report to the insurance reform company and the traffic police department; 2.on-site treatment and investigation; 3.inspection and identification; 4.Cognizance; 5.Claim.

How to deal with traffic accident deaths? If a person dies in a traffic accident, the traffic police department must make a determination of the accident, and then the court will claim compensation.

If the amount of insurance and commercial insurance compensation is less than the local compensation standard, the difference is compensated by the accident responsible party for the money. If no agreement can be reached on the part of personal compensation, the injured party can only go to the court to file a lawsuit, and the court will mediate or make a judgment.

If a person who dies in a traffic accident violates the regulations on the management of traffic and transportation, and a major accident occurs before the split, and the person who bears all or the main responsibility for the accident causes the death, he shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention, and if he escapes after causing a traffic accident, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

[Legal basis].Article 133 of the Criminal Law.

Whoever violates traffic and transportation management regulations, thereby causing a major accident that causes serious injury or death, or causes major losses to public or private property, is to be sentenced to up to three years imprisonment 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 escaping shall be sentenced to fixed-term imprisonment of not less than seven years.