What is the responsibility for the death of a drunk driver who crashed into my car

If a drunk driver dies in a crash, the case shall be reported to the traffic police force, and the responsibility for the accident shall be determined through on-site investigation.

Determination of traffic accident liability refers to the act of determining the traffic accident liability of the parties after the public security organs have ascertained the cause of the traffic accident based on the causal relationship between the party's violation and the traffic accident, as well as the role of the violation in the traffic accident.

The traffic management department of the public security organ shall determine the responsibility of the party according to the role of the party's behavior in the occurrence of road traffic accidents and the severity of the fault.

1) Where a road traffic accident is caused by the fault of one of the parties, full responsibility shall be borne by the party;

The following sixteen situations will generally be determined as full liability:

1. Rear-end collision with the vehicle in front of the collision;

2. Accidents occur when changing lanes;

3. Traffic accidents occur after reversing or slipping;

4. Scraping from off-road or non-motorized lane into motorized lane;

5. The green light is released or the turning vehicle at the intersection without signal light control does not give way to the straight car;

6. The vehicle entering the roundabout does not give way to the vehicle driving out or driving in the roundabout;

7. An accident occurs across the solid line in the center of the road or the solid line in isolation;

8. Driving in the opposite direction;

9. A traffic accident occurs when overtaking on the right side;

10. Scratching occurs when overtaking a vehicle in front of normal U-turn, left turn, or overtaking;

11. Traffic accidents occur when running a red light;

12. Traffic accidents occur in places where U-turn signs and markings are prohibited, as well as in crosswalks, bridges, steep slopes, and tunnels;

13. Colliding with a vehicle that can be suspended or parked in accordance with the law;

14. Causing a traffic accident by opening and closing the car door;

15. When a motor vehicle enters or exits a parking lot or parking space, it has an accident with a normally running vehicle;

16. Unilateral traffic accidents.

2) Where a road traffic accident occurs due to the fault of two or more parties, they shall bear primary responsibility, equal responsibility and secondary responsibility respectively according to the effect of their actions on the accident and the severity of the fault;

3) None of the parties is at fault for causing the road traffic accident, and if it is a traffic accident, none of the parties is liable. If one party intentionally causes a road traffic accident, the other party is not liable.

Preliminary judgment that the other party is fully responsible. The specific determination shall be subject to the traffic police accident responsibility determination.

The person who drinks together is liable if the following is present, and not if it is not there:

1. Compulsive persuasion of alcohol.

2. Knowing that the other party cannot drink, he still advises him to drink.

3. Failing to escort a drunk person home safely.

4. Drunk driving is not discouraged, resulting in car accidents and other damage to the foundation.

1. Tort liability of co-drinkers.

1. Responsibility.

As a victim with full capacity for civil conduct, he or she should be aware of and foresee the potential dangers and serious consequences of excessive drinking. Knowing the danger of drunkenness and not controlling the amount of alcohol and taking effective measures or credulity can be avoided, he himself has the most direct and main causal relationship between excessive drinking and the consequences, and he is grossly negligent, and should be mainly responsible for the consequences of his drinking.

2. Responsibility of the organizer of the organization and reputation.

Regardless of whether the organization or convener directly participates in drinking, it should be a co-drinker, and appropriate care shall be provided for the personal safety of all participants. They shall pay reasonable attention to their personal safety and provide necessary assistance. Compulsive persuasion to drink, persuading the other party to drink while knowing that they cannot drink, failing to safely deliver the intoxicated person, or failing to dissuade drunk driving, etc., shall be found to have a certain degree of subjective negligence on the part of the perpetrator, and shall bear a certain amount of liability for the personal injuries of the participants in the banquet.

3. Participant Responsibility.

Co-drinkers not only reach a tacit understanding of drinking together, but also are close to each other, which is the most convenient way to find and judge whether co-drinkers are drunk or have adverse reaction characteristics, so they have the obligation to fulfill safety guarantees with their co-drinkers in a timely manner.

2. Who is responsible for drinking problems?

If something happens to the drinking, not all the people at the wine table are responsible, and only those who have the following circumstances need to be held responsible: 1. The people who drink together know that the other party has a disease and cannot drink and still advise them to drink. 2. The other party does not drink, but the person who drinks at the same table still advises him to drink.

3. People who drink at the same table know that drunk driving is illegal, but do not discourage or condone drunk driving and drunk driving causing traffic accidents.

Legal analysis: The liability for compensation for the death of a drunk driver is the responsibility of the party responsible for the accident and the insurance.

Legal basis: According to Article 90 of the Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China, if a traffic accident occurs in a motor vehicle insured with compulsory third-party liability insurance, and the rescue of the injured person needs to be guaranteed to return to Liang Land Insurance Company to pay the rescue expenses, the traffic management department of the public security organ shall notify the insurance company.

If it is necessary to pay for road traffic accident assistance in advance to rescue the injured person, the traffic management department of the public security organ shall notify the road traffic accident social assistance management agency. Article 91 of the Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China stipulates that the traffic management department of the public security organ shall determine the responsibility of the parties involved in the traffic accident according to the role played by the behavior of the parties involved in the traffic accident and the severity of the fault of the slag Hong.

Article 92 of the Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China stipulates that if a party escapes after a traffic accident, the party who escapes by omission shall bear 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.

Legal Analysis: Where the perpetrator drives a motor vehicle while intoxicated, resulting in a major accident, and causes the death of one victim, and the perpetrator bears primary or full responsibility, or where the victim gives way to the death of three people, and the perpetrator bears equal responsibility, the crime of causing a traffic accident is established, and the sentence is generally up to three years imprisonment or short-term detention.

Legal basis: 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.

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 occupants of Tanzhou, or seriously exceeding the speed limit; (4) Transporting hazardous chemicals in violation of the provisions on the safety management and elimination 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.