How to deal with the escape after the driver of the motor vehicle caused an accident

If the driver of a motor vehicle escapes after a traffic accident, he shall bear full responsibility and compensate for all losses, and shall bear criminal responsibility if a crime is constituted.

The legal basis is the Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China

Article 92 Where a party escapes after a traffic accident occurs, the party who escapes bears full responsibility. However, if there is evidence to prove that the other party is also at fault, the liability may be mitigated.

Where parties intentionally destroy or falsify the scene or destroy evidence, they bear full responsibility.

Road Traffic Safety Law of the People's Republic of China

Article 99.

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be driven by a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or suspended;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 motor vehicles, and refusing to heed dissuasion, causing serious traffic obstruction or relatively large property losses.

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.

The Criminal Code and the Road Traffic Safety Act provide:

1) Where a major accident occurs as a result, causing serious injury or death to a person or causing major losses to public or private property, a sentence of up to three years imprisonment or short-term detention is to be given.

2) Whoever escapes after causing a traffic accident or has other particularly heinous circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

3) Whoever causes death by escaping shall be sentenced to fixed-term imprisonment of not less than seven years.

4) If you escape after causing a traffic accident, the traffic management department of the public security organ shall revoke the motor vehicle driver's license, and you shall not re-obtain the motor vehicle driver's license for life.

Traffic hit-and-run:

Traffic hit-and-run refers to an illegal act in which a party knows that he or she has had a traffic accident and deliberately flees the scene of the accident without reporting the case to the public security organ in order to evade responsibility for the accident. There are two scenarios:

1. Both people and vehicles fled the scene of the accident after the accident.

2. Abandon the car and escape, that is, the party leaves the car at the scene and the person flees the accident scene.

Traffic accidents are originally very simple disputes, and it is enough to negotiate compensation. According to the law, a person who escapes after committing a crime shall be sentenced to fixed-term imprisonment of not less than three years, and a person who escapes and causes death shall be sentenced to fixed-term imprisonment of not less than seven years.

Causing an accident and escaping is a traffic accident that is different in nature.

1. How to deal with the driver who escapes after driving a motor vehicle and causing a traffic accident.

1. If a person escapes after an accident and does not constitute a crime, he shall be fined not less than 200 yuan but not more than 2,000 yuan, and may be sentenced to administrative detention for up to 15 days. If the accident constitutes a crime, criminal responsibility shall be investigated 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, and the motor vehicle driver's license shall not be re-obtained for life.

2. Legal basis: Article 133.

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. How to compensate for the hit-and-run driver.

In a traffic accident, once the driver escapes, he must be fully responsible, and if the motor vehicle party is fully responsible in the traffic accident, he shall bear 100% of the compensation liability. The hit-and-run driver must bear all the civil liability for compensation, because the state clearly stipulates that after a traffic accident, as long as the driver of one of the parties escapes, he must bear full responsibility, so the final result of compensating for all losses can only be said to be the escape driver self-inflicted, but the relevant standards for compensation for the victim vary from person to person.

If the driver escapes after causing a traffic accident and does not constitute a crime, he shall be fined 200 yuan or not more than 2,000 yuan, and may be concurrently sentenced to administrative detention of up to 15 days. If a major traffic accident is caused and constitutes a crime, criminal responsibility shall be investigated in accordance with law, and 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.

How to compensate for the hit-and-run driver.

In a traffic accident, once the driver escapes, he must be fully responsible, and if the motor vehicle party is fully responsible in the traffic accident, he shall bear 100% of the compensation liability. The driver who caused the accident and escaped must bear all the civil liability for compensation, because the state clearly stipulates that after the occurrence of a traffic accident involving rotten reeds, the driver of only one of the parties will bear full responsibility, so in the end, the result of compensating for all losses can only be said to be the driver who escaped at his own expense, but the relevant standards for compensation for the victim vary from person to person.

Legal basis: Article 133.

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.

Legal analysis: revocation of driver's license, sentence of celery. If the potato is made and escapes after 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.

Traffic accident escape refers to the act of the perpetrator fleeing after a traffic accident in order to escape legal prosecution. Eight situations in which the person involved in the accident believes that he or she is not responsible and drives away from the scene, fails to perform the duty of waiting at the scene after reporting the case, and abandons the car and returns after leaving the scene of the accident will be recognized as a traffic hit-and-run.

Legal basis: Article 133 of the Criminal Law of the People's Republic of China Whoever violates the laws and regulations on the administration of transportation, 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.

Article 133-1 Anyone who drives a motor vehicle on a road in any of the following circumstances is to be sentenced to short-term detention and a concurrent fine:

1) Chasing and racing, where the circumstances are heinous;

2) Driving a motor vehicle while intoxicated;

C) engaged in school bus business or passenger transport, seriously exceeding the rated occupant capacity, or seriously exceeding the speed limit;

4) Transporting hazardous chemicals in violation of the regulations on the safety management of hazardous chemicals, endangering public safety.

Where the owner or manager of a motor vehicle bears direct responsibility for the conduct in items (3) or (4) of the preceding paragraph, punishment is to be given in accordance with the provisions of the preceding paragraph.

Where conduct in the preceding two paragraphs simultaneously constitutes other crimes, follow the provisions for the heavier punishment at trial and sentencing.

Article 133-2 Whoever uses violence against the driver of a moving public transport vehicle or preempts control of the driving control device, interfering with the normal operation of the public transport and endangering public safety, is to be sentenced to up to one year imprisonment, short-term detention or controlled release, and/or a fine.

Where the drivers provided for in the preceding paragraph leave their posts without authorization, beat up or assault others on the public transportation they are driving, endangering public safety, they are to be punished in accordance with the provisions of the preceding paragraph.

Where conduct in the preceding two paragraphs simultaneously constitutes other crimes, follow the provisions for the heavier punishment at trial and sentencing.

Legal Analysis: There are two ways to deal with it:

1.Those who flee after causing a traffic accident and do not constitute a crime shall be fined between 200 and 2,000 yuan by the public security organs, and may be detained concurrently for up to 15 yuan.

2.In the event of a major traffic accident that constitutes a crime and escapes, the public security organ shall revoke the motor vehicle driver's license in addition to pursuing criminal responsibility in accordance with law, and shall not re-obtain a motor vehicle driver's license for life.

Legal basis: "Road Traffic Safety Law of the People's Republic of China" Article 100 Quietly-01 In violation of the provisions of road traffic safety laws and regulations, a major traffic accident occurs, constituting a crime, the criminal justice and envy responsibility shall be investigated in accordance with the law, and the traffic management department of the public security organ shall revoke the motor vehicle driver's license.

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 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; 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.