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The amount of compensation varies greatly depending on the situation of each place and myself, I don't know if you are **, the accident happened in **, I can't estimate the amount for you, I can only tell you the general principle.
Where a traffic accident causes the death of the victim, in addition to compensation for the relevant expenses during the rescue period, compensation shall also be made for funeral expenses, living expenses of dependents (if there are dependents raised by the deceased during his lifetime), compensation for death, expenses for mental damages, and other reasonable expenses such as transportation expenses, accommodation expenses, and loss of work incurred by the victim's relatives in handling funeral matters.
2. The living expenses of the dependents shall be calculated according to the degree of the dependent's inability to work, and in accordance with the standards of the per capita consumption expenditure of urban residents and the per capita annual living expenditure of rural residents in the previous year at the location of the court where the lawsuit is filed. if the dependant is a minor, it is calculated to be 18 years old; If the dependant is unable to work and has no other livelihood**, 20 years shall be counted. 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.
Dependents refer to minors who are legally obliged to support the victim or adult close relatives who have lost the ability to work and have no other livelihoods. Where the dependents have other dependents, the compensation obligor shall only compensate the victim for the portion that should be borne in accordance with law. Where there are several dependents, the total amount of annual compensation shall not exceed the per capita consumption expenditure of urban residents or the per capita annual living expenditure of rural residents in the previous year.
3. The death compensation shall be calculated on the basis of 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, and shall be calculated over a period of 20 years. 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.
The specific amount is calculated according to the deceased's household registration (note that although the deceased is a rural household registration, but has lived and lived in the city for a long time, the relevant expenses can also be calculated according to the resident standard), local statistics, the number of dependents, age, local living standards, etc., and the calculated total amount is within the limit of the other party's vehicle compulsory insurance shall be compensated by the insurance company in full, and the excess part shall be compensated according to the proportion of accident liability.
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If you want to know how much the driver has to compensate, you must first know what responsibility the driver bears in this accident, traffic accident liability is generally divided into primary responsibility, secondary responsibility, equal responsibility, no responsibility, etc., and then the amount of compensation can be determined according to the per capita income standard of the old man's family location and the old man's children. Traffic accident compensation generally has the following items: medical expenses, nursing expenses, lost work expenses, hospital meal subsidies, medical transportation expenses, nutrition expenses, death subsidies, funeral expenses, mental loss expenses, etc., if there is no hospitalization, related expenses are not generated.
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This should be judged according to the attribution of responsibility for traffic accidents.
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Legal analysis: The compensation for the death of a 75-year-old man caused by a traffic accident is also a reasonable and legal compensation in accordance with the principle of compensation for traffic accidents in accordance with the accident liability, but because the age of the deceased exceeds the legal working age, it cannot be based on the full standard.
Legal basis: Provisions on Procedures for Handling Road Traffic Accidents
Article 82 Where a traffic accident on the road constitutes a crime and the driver's motor vehicle driver's license shall be revoked in accordance with law, the traffic management department of the public security organ of the city divided into districts shall revoke the motor vehicle driver's license in accordance with law after the people's court has made a guilty verdict. At the same time, if there is an escape situation, the traffic management department of the public security organ shall, at the same time, make a decision in accordance with the law that the motor vehicle driver's license shall not be re-obtained for life.
Article 83 If a professional transport unit has two accidents that kill three or more people within six months, and the unit or the driver of the vehicle bears full or primary responsibility for the accident, the traffic management department of the public security organ where the professional transport unit is located shall, after being approved by the traffic management department of the public security organ of the city divided into districts, make a decision to order the elimination of the potential safety hazard within a time limit, prohibit the motor vehicle that has not eliminated the potential safety hazard from driving on the road, and notify the people at the place where the road traffic accident occurred and the place where the transport unit is located** The relevant administrative departments are open.
Article 84 The parties may resolve disputes over compensation for road traffic accident damages in the following ways:
1) Apply to the People's Mediation Committee for mediation;
B) apply to the traffic management department of the public security organ for mediation;
3) Initiating a civil lawsuit in a people's court.
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Legal analysis: Calculated according to the average cost of living in the place where the traffic accident occurred, it is a compensation of 10 years. For those under the age of 16, the age is reduced by one year for each year younger.
For those over the age of 70, the age shall be reduced by one year for each additional year, and the minimum shall not be less than five years, that is, the compensation for those under the age of 11 and those over the age of 75 shall be compensated for five years. And for the 70-year-old man, the death compensation is about 20 keys, and tens of thousands of yuan.
Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Compensation for Personal Injuries and Accidental Injuries》 Article 29: Death compensation is calculated over a period of 20 years in accordance with 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 Helu five years.
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Confirm the size of the responsibility according to the traffic police traffic accident responsibility certificate.
It is generally civil compensation.
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Legal analysis: The compensation for the death of a 75-year-old person caused by a traffic accident is also a reasonable and legal compensation in accordance with the principle of compensation according to the responsibility of the accident in accordance with the traffic accident, but because the age of the deceased exceeds the legal working age, it cannot be compensated according to the full standard.
Legal basis: Provisions on Procedures for Handling Road Traffic Accidents
Article 82 Where a road traffic accident constitutes a crime and the driver's motor vehicle driver's license shall be revoked in accordance with law, the traffic management department of the public security organ of the city divided into districts shall revoke the motor vehicle driver's license in accordance with law after the people's court has made a guilty verdict. At the same time, if there is an escape situation, the traffic management department of the public security organ shall, at the same time, make a decision in accordance with the law that the person who is depressed shall not re-obtain the motor vehicle driver's license.
Article 83 If a professional transport unit has two accidents that kill more than three people within six months, and the unit or the driver of the vehicle bears full or primary responsibility for the accident, the traffic management department of the public security organ where the professional transport unit is located shall, after being approved by the traffic management department of the public security organ of the city divided into districts, make a decision to order the elimination of potential safety hazards within a time limit, prohibit motor vehicles that have not eliminated potential safety hazards from driving on the road, and notify the people at the place where the road traffic accident occurred and where the transport unit is located** Relevant administrative departments.
Article 84 The parties may resolve disputes over compensation for road traffic accident damages in the following ways:
1) Apply to the People's Mediation Committee for mediation;
B) apply to the traffic management department of the public security organ for mediation;
3) Initiating a civil lawsuit in a people's court.
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