In a car accident, the occupant of the car died, is the driver s responsibility serious?Thank you ve

Drivers are mainly liable for civil compensation and traffic accidents.

If the traffic police determine that you are primarily or wholly responsible in the future, you may also be held criminally liable for the crime of traffic accident (one person who died meets the criteria for a traffic accident).

Driving according to the speed and not drinking alcohol is not a reason, driving a vehicle according to the speed and not drinking alcohol is a law that the driver must abide by, even if he does not commit this in an accident, he will also be punished.

If it is an emergency, such as a sudden oil leak from the car in front, it may not be recognized as the main responsibility or even outside, but if it is driving in rain, snow and other weather, it is estimated that it will be considered the main responsibility of the driver.

Because in this case, the driver clearly knows in advance that the road slippage exists, and appropriate and necessary measures should be taken to prevent the accident, if there is an accident, it can only mean that the driver did not take measures, or the anti-road skid measures taken are not effective to cause the accident.

A friend has passed away, it is inevitable that there will be some disputes because of the sadness of the friend's family, and other responsibilities will not be there, that is, the dispute is troublesome, and I didn't want to have an accident, so if I have a car, no one can expect that there will be an accident, no one wants to have an accident, and it is better not to bring others. If you take out the occupant insurance, it is better for the insurance company to pay a part of the accident insurance, otherwise the other party's death compensation and other expenses dare not say how much, or help deal with the aftermath first, and wait for the other party to put forward conditions.

The traffic department concluded that if it was exactly what you said, there would be no problem, and there was no need to be afraid, it was a death caused by a traffic accident caused by ice and snow on the road, and it was not an accident related to normal lookout and improper driving skills, just wait for the traffic department's judgment. Don't worry.

Let's handle this lightly.

The driver who dies in a car accident is criminally responsible. If the person killed in a traffic accident bears the main or full responsibility, he or she shall be investigated for criminal responsibility for the crime of causing a traffic accident. Where a person dies in a car accident and is suspected of the crime of causing a traffic accident, he shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention.

What are the constitutive elements of the crime of causing a traffic accident?

1. The object of the crime of causing a traffic accident. Refers to the major transportation safety that is protected. Because only if a traffic accident is caused and has major consequences, the crime of traffic accident is constituted.

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 perpetrator's violation of 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 a person who has reached 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.

Legal basisArticle 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.

Legal Analysis: Decisions need to be made on a case-by-case basis. The determination of responsibility for traffic accidents is usually determined by the traffic management department, and the amount of compensation is determined according to the traffic accident liability determination issued by the traffic management department.

Legal basis: "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents" Article 2: In any of the following circumstances, a person who causes a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention:

1) Where one person is killed or three or more persons are seriously injured, and the person bears full or primary responsibility for the accident;

2) Where three people are killed on empty oaks, they bear equal responsibility for the accident;

3) Causing direct damage to public property or other people's property, bearing full or primary responsibility for the accident, and being unable to compensate the amount of 300,000 yuan or more.

If a traffic accident causes serious injury to one or more persons, and bears full or primary 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 motorized vehicle after drinking 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 that is unlicensed or has been scrapped;

5) Driving with serious overload;

6) Fleeing the scene of an accident in order to evade legal prosecution.

First of all, look at the traffic accident responsibility determination of the traffic police department, Article 2 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents: In any of the following circumstances, a person who causes a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention: (1) One person dies or three or more persons are seriously injured, and bears all or the main responsibility for the accident; If the driver is wholly or primarily responsible for the accident and is suspected of causing a traffic accident, you can file a criminal case for civil compensation to claim that the driver and the insurance company bear medical expenses, nursing expenses, funeral expenses, death compensation, etc.

Article 133 of the Criminal Law violates traffic and transportation management regulations, resulting in a major accident, causing serious injury or death, 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; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, he 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.