How to compensate for death in an accidental car accident according to the law

If you escape, you may be sentenced to a heavier sentence, if you don't escape, it depends on the situation, if the circumstances are light, it will be about 3 years, if you are not the main responsibility, you may not have to go to jail, about 3-7 years, take the initiative to compensate and pay less for medical expenses, if you look at the traffic accident certificate and pay full responsibility, the woman's death compensation (the local disposable income of the previous year x 20 years + the living expenses of the dependents) the male disability compensation (calculated according to the level of disability, depending on the appraisal conclusion, There are also living expenses for dependents) children, child support, living expenses, tuition fees, etc. Pay until the age of 18 There is also a lot of responsibility for spiritual solace and so on, and it is more difficult to accompany a lot of money without 70 800,000 yuan.

Enthusiastic netizens | 2013-11-11

Let me tell you first that whoever commits the crime of causing a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever flees after causing a traffic accident or has other especially heinous circumstances is to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and where the escape causes death, is to be sentenced to fixed-term imprisonment of not less than seven years. As for compensation: If the person is disabled, he must pay the necessary expenses incurred due to the increase in living needs and the loss of income caused by the loss of working ability, including disability compensation, disability assistive device expenses, living expenses of dependents, and necessary expenses, nursing expenses, and follow-up expenses actually incurred due to **nursing care and continuation**; In the event of death, compensation must be paid for rescue expenses, compensation for funeral expenses, living expenses for dependents, death compensation, and other reasonable expenses such as transportation expenses, accommodation expenses, and loss of work incurred by the victim's relatives in handling funeral matters.

The public security organs will definitely detain him, but if he pays good compensation and has a good attitude of admitting guilt, he will generally be sentenced to fixed-term imprisonment, but he will use probation, and he will not intentionally commit a crime during the probationary period, and the punishment will no longer be enforced.

The specific amount of compensation has a lot to do with the victim's household registration.

1. The urban disposable income of the place where the court accepts the case is calculated for 20 years to calculate the death compensation, child support, and elderly maintenance, all of which are calculated according to the town, so that it is relatively high, funeral expenses, etc.

2. If it is a rural household registration, then the death compensation for 20 years will be calculated according to the net income of rural villagers, as well as child support and alimony. There is a big difference between the two. In Guangxi, the death compensation for 20 years is about 430,000 yuan for urban hukou, and about 100,000 yuan for rural hukou.

This is based on the family conditions of the deceased, and the judge appropriately imposes a fine.

Where a person is suspected of causing a traffic accident as a result of a car accident, a sentence of up to three years imprisonment or short-term detention is to be given. The crime of causing a traffic accident refers to a criminal act in which a major traffic accident occurs in violation of road traffic management regulations, causing serious injury or death, or causing major losses to public or private property, and is investigated for criminal responsibility in accordance with law.

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

Whoever violates the regulations on the management of transportation and conducts 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 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.

Legal analysis: (1) For urban residents: death compensation = per capita disposable income of urban residents in the previous year for 20 years [for those over 60 years old (actual age - 60); 5 years for those over 75 years of age] (2) Rural residents are:

Death compensation = per capita disposable amount of rural residents in the previous year n [n: 20 years for those under the age of 60 (including gross fiber loss); Over 60 years old: n=(chronological age - 60); 5 years from the age of 75 to the erection] (3) Death compensation for persons under the age of 60 = per capita disposable income of urban residents (per capita net income of rural residents) in the previous year for 20 years.

4) Death compensation for persons aged 60-75 = per capita disposable income of urban residents (per capita net income of rural residents) in the previous year [20-(actual age-60)]. 5) Death compensation for persons over the age of 75 = per capita disposable income of urban residents (per capita net income of rural residents) in the previous year for 5 years.

Legal basis: Article 17, Paragraph 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases The living expenses of the dependents are calculated according to the degree of the dependent's inability to work, and in accordance with 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 Yanshen Court. 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.

Legal Analysis: Where the victim or the close relatives of the deceased suffer mental damages, and the person entitled to compensation requests the people's court for compensation for mental damages, the "Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Liability for Moral Damages in Civil Torts" shall be applied to make a determination.

Legal basis: Regulations on Work-related Injury Insurance》 Article 39 If an employee dies on the job, his close relatives shall receive a funeral subsidy, a pension for relatives and a one-time work-related death subsidy from the work-related injury insurance** in accordance with the following provisions: (1) The funeral subsidy shall be 6 months of the average monthly wage of the employee in the overall area in the previous year (2) The pension for dependent relatives shall be paid to the relatives who provided the main living expenses and were unable to work according to a certain proportion of the employee's own salary.

The standard is: 40% per month for each spouse, 30% per month for each other relative, and 10% per month for each elderly person or orphan who is alone or orphaned. The sum of the approved pensions for dependent relatives shall not be higher than the wages of the employee who died in the course of work.

The specific scope of supporting relatives shall be stipulated by the social insurance administrative department: (3) The standard of one-time work-related death subsidy shall be 20 times the per capita disposable income of urban residents in the previous year.