The condition of the drunk driving victim is stable, and then he dies because he has no money for tr

Updated on society 2024-04-29
4 answers
  1. Anonymous users2024-02-08

    Analysis of the law: The crime of causing a traffic accident refers to a criminal act that violates road traffic management laws and regulations, causes serious injury or death, or causes major losses to public or private property, and is investigated for criminal responsibility in accordance with the law. Drunk driving a motor vehicle is caused by a reed.

    If the victim dies and is unable to pay compensation, he is suspected of constituting the crime of causing a traffic accident and will be sentenced to fixed-term imprisonment of not more than 3 years or criminal detention and will not be allowed to obtain a driver's license for life. Even if you are sentenced, you still need to bear civil liability for compensation.

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

  2. Anonymous users2024-02-07

    Summary. Hello, if you are unable to compensate for the death caused by drunk driving, the injured party can file a civil lawsuit through the people's court.

    Hello, if you are unable to compensate for the death caused by drunk driving, the injured party can file a civil lawsuit through the people's court.

    1. If a driver violates the Traffic Road Safety Law and causes death in a serious or extraordinarily serious traffic accident, he shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and shall be fined 200 2000 yuan and have his driver's license revoked. If the mediation of the traffic management department fails, the victim may file a civil lawsuit through the people's court. If the offending party is unable to bear it, it will be determined by the court on the basis of property valuation; 2. Article 31 of the Measures for the Handling of Road Traffic Accidents stipulates:

    If the driver of the motor vehicle who bears the liability for compensation is temporarily unable to compensate, the driver's unit or the owner of the motor vehicle shall pay in advance"; Where direct damage to public property or other people's property is caused, and the person who bears full or primary responsibility for the accident and is unable to compensate for the amount of 400,000 yuan or more, the court may sentence the responsible person to fixed-term imprisonment of not more than 3 years or short-term detention for the crime of causing a traffic accident; Where direct damage to public property or other people's property is caused, and the person bears full or primary responsibility for the accident and is unable to compensate for the amount of 800,000 yuan or more, the court may sentence the responsible person for the crime of causing a traffic accident to between 3 and 7 years imprisonment and imprisonment for the remainder of the sentence; 3. If you are unable to bear civil liability for compensation, and bear the main responsibility or more, if the amount of compensation reaches more than 300,000 yuan, you will be held criminally responsible and imprisoned. If the responsible person is driving a motor vehicle, the liability limit of the compulsory motor vehicle insurance is partially paid by the insurance company and is not included in the amount of inability to compensate; 4. If the other party is unable to compensate for the death caused by a traffic accident, the injured party may apply to the court for enforcement, and the time limit for applying for enforcement is two years.

    Hello, the drunk driver was speeding and crashed into a taxi, resulting in the death of the taxi driver on the spot and two injuries.

    Full responsibility for drunk driving. Can the traffic police sign for the funeral expenses.

    At present, there is no provision in laws and regulations requiring one party to a traffic accident to pay medical expenses and other expenses to the other party, including funeral expenses.

    You need to find a lawyer here or wait for the traffic police to decide.

    Wait for the division of responsibilities of the traffic police, but at the same time, you can find a lawyer to assist in handling the compensation of the case.

    The traffic police have not yet received the verdict, and we need to continue to wait here, or we need to find a lawyer to assist.

    **The division of responsibility has not yet come out, and drunk driving is also fully responsible, so there is no need to wait, it is recommended to find a lawyer to negotiate the issue of family compensation immediately.

    The drunk driver hit the taxi, resulting in the death of the taxi driver, the taxi is a vehicle in the driver's name, and the taxi company has signed a contract with the first code, is the taxi company obliged to compensate?

    There is no obligation on the part of the taxi company to compensate.

    Is the company obligated to pay a management fee when you sign a contract with a taxi company?

    The taxi company has nothing to do with this time, so there is no compensation.

  3. Anonymous users2024-02-06

    The other party is suspected of traffic accidents, and now it involves two first, the first is whether the other party bears criminal responsibility, and the second is about civil moss compensation, if the other party has compulsory traffic insurance and commercial insurance, then in the scope of compensation, your insurance company will compensate according to the amount insured, if the other party actively compensates, the punishment will be lighter, but the other party does not compensate according to the statutory sentence is less than three years in prison, and it is possible to sentence a suspended sentence, so there are procuratorial organs to prosecute in the criminal aspect. The civil part can be filed for civil compensation attached to the criminal case during the prosecution.

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

    Article 74.

    In the case of a dispute over compensation for damages in a traffic accident, the parties may request mediation from the traffic management department of the public security organ, or may directly file a civil lawsuit with the people's court.

    After mediation by the traffic management department of the public security organ, if the parties fail to reach an agreement or do not perform after the mediation agreement takes effect, the parties may file a civil lawsuit with the people's court.

  4. Anonymous users2024-02-05

    How to deal with the inability to compensate for the death caused by drunk driving: the injured party files a lawsuit with the court, and after the court judgment is issued, it applies for enforcement according to the judgment. Those who do not have the ability to compensate may temporarily suspend it, and continue to perform their obligation to compensate after restoring their ability to compensate.

    The nature of the property to be enforced can be the property right, creditor's right, intellectual property right of the paying party, etc. In addition, the injured party may also apply to the court for property preservation.

    [Legal basis].Article 244 of the Civil Procedure Law.

    Where the person subject to enforcement fails to perform the obligations set forth in the legal documents in accordance with the enforcement notice, the people's court has the right to seal, seize, freeze, auction, or sell the part of the property that the person subject to enforcement shall perform the obligations of. However, the necessities of life for the person subject to enforcement and the family members they support shall be retained. The people's court shall make a ruling on the adoption of the measures in the preceding paragraph.

    Article 254.

    Where, after the people's courts have adopted the enforcement measures provided for in articles 242, 243, or 244 of this Law, the person subject to enforcement is still unable to repay the debts, they shall continue to perform their obligations. If the creditor discovers that the person subject to enforcement has other property, it may request the people's court for enforcement at any time.

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