What are the criteria for determining disability in a traffic accident?

There are four principles for the evaluation of traffic accident disability, namely, the principle of objective assessment, the principle of comparative assessment, the principle of separate assessment, and the principle of excluding the original injury and disease. China's traffic accident disability appraisal standard is divided into ten levels, of which the first level of disability is the most serious, and the tenth level of disability is relatively light.

The standards for disability in traffic accidents are to be evaluated by forensic appraisal institutions and forensic experts based on the specific circumstances of the injured. After the evaluation, the judicial evaluation opinion shall be drafted in accordance with the uniform text format, and the judicial evaluation opinion shall be signed by the judicial evaluator. Where multiple people participate in evaluations where they have different opinions on the evaluation opinions, this shall be noted.

Article 11 of the General Principles of Judicial Appraisal Procedures.

Forensic evaluation establishments shall uniformly accept the case-handling organs' forensic evaluation entrustment.

Article 13. The forensic evaluation institution shall make a decision on whether to accept it within 7 working days of receiving the entrustment. For the entrustment of complex, difficult, or special appraisal matters, the forensic appraisal institution may negotiate with the client to decide on the time for acceptance.

Article 36.

Forensic evaluation institutions and forensic evaluators shall draft forensic evaluation opinions in accordance with the uniform text format.

Article 37.

The judicial evaluation opinion shall be signed by the judicial evaluator. Where multiple people participate in evaluations where they have different opinions on the evaluation opinions, this shall be noted.

The evaluation of traffic accident disability should be determined according to the condition of the injured person, and the evaluation of traffic accident disability is to evaluate the degree of disability of the injured person on the basis of objective inspection. The disability appraisal standards refer to the full text of the "Classification of the Degree of Disability Caused by Human Injury".

For example: Level 1.

Injuries to the brain, spinal cord, and peripheral nerves.

1) persistent plant survival state;

2) Mental disorder or severe mental retardation, completely unable to take care of oneself in daily life;

3) Quadriplegia (muscle strength below grade 3) or triplegia (muscle strength below grade 2);

4) Paraplegia (muscle strength below grade 2) with severe defecation dysfunction and severe voiding dysfunction.

Neck and chest injuries.

1) Cardiac insufficiency, cardiac function level;

2) Severe organic arrhythmia, cardiac function level;

3) After heart transplantation, cardiac function level;

4) After combined heart-lung transplantation;

5) Dyspnea after lung transplantation (very severe).

Abdominal injury. 1) Advanced liver failure after orthotopic liver transplantation;

2) After double nephrectomy or solitary nephrectomy, dialysis is required to sustain life; Kidney failure after kidney transplantation.

Injuries to the spine, pelvis and limbs.

1) Absence of three limbs (above the elbow joint of the upper limb, above the knee joint of the lower limb);

2) Loss of two limbs (above the elbow joint of the upper limb, above the knee joint of the lower limb), and the loss of function of all major joints of the third limb reached 75%;

3) Loss of two limbs (above the elbow joint of the upper limb and above the knee joint of the lower limb), and the ankylosis fixation or loss of function of any two major joints of the third limb is up to 90%.

Grading of the degree of disability caused by human injury

Level. Injuries to the brain, spinal cord, and peripheral nerves.

1) persistent plant survival state;

2) Mental disorder or severe mental retardation, completely unable to take care of oneself in daily life;

3) Quadriplegia (muscle strength below grade 3) or triplegia (muscle strength below grade 2);

4) Paraplegia (muscle strength below grade 2) with severe defecation dysfunction and severe urinary dysfunction.

Neck and chest injuries.

1) Cardiac insufficiency, cardiac function level;

2) Severe organic arrhythmia, cardiac function level;

3) After heart transplantation, cardiac function level;

4) After combined heart-lung transplantation;

5) Dyspnea after lung transplantation (very severe).

Abdominal injury. 1) Advanced liver failure after orthotopic liver transplantation;

2) After double nephrectomy or solitary nephrectomy, dialysis is required to sustain life; Kidney failure after kidney transplantation.

Injuries to the spine, pelvis and limbs.

1) Loss of three limbs (above the elbow and trouser joints of the upper limbs, and above the knee joints of the lower limbs);

2) Loss of two limbs (above the elbow joint of the upper limb, above the knee joint of the lower limb), and the loss of function of all major joints of the third limb reached 75%;

3) Loss of two limbs (above the elbow joint of the upper limb and above the knee joint of the lower limb), and the ankylosis fixation or loss of function of any two major joints of the third limb is up to 90%.

Legal analysis: According to the "Classification of the Degree of Disability Caused by Human Injury", the standard can be determined, and the identification standard of traffic accident disability can be divided into ten levels, which are divided according to the degree of damage and the location of the damage.

Legal basis: Provisions on Procedures for Handling Road Traffic Accidents Article 54 The appraisal institution shall complete the inspection and appraisal within the prescribed time limit, and issue a written inspection report and appraisal opinion, which shall be signed by the appraiser, and the appraisal opinion shall also be stamped with the seal of the institution. The inspection report and appraisal opinion shall indicate the following matters:

1) the client;

2) The date and matter of the entrustment;

3) Relevant materials submitted;

4) The time of inspection and appraisal;

5) Basis and concluding opinions, where a conclusive opinion is reached through analysis, there shall be a process of analysis and proof.

The inspection report or appraisal opinion shall be accompanied by the qualification certificate or other supporting documents of the appraisal body or evaluator.

The evaluation standard for traffic accident disability is: according to the disability status of the injured person in the road traffic accident, the degree of disability of the injured person can be divided into 10 levels, from level 1 (100%) to level x (10%), with a difference of 10% in each level.

[Legal basis].

Classification of the degree of disability caused by human injury》 Classification of disability levels This standard divides the degree of disability of human injury into 10 levels, from level 1 (human disability rate of 100%) to level 10 (human disability rate of 10%), with a difference of 10% in the disability rate of each level. The basis for the classification of the degree of disability is shown in the appendix The basis for judging is based on the structural destruction of human tissues and organs, dysfunction and the degree of dependence on medical treatment and nursing, and due consideration of the influence of social interaction and psychological factors caused by the disability, to comprehensively determine the level of disability.

The assessment of disability in an accident must wait for the injured person to be assessed before it can be assessed. The identification of traffic accident disability is the process of evaluating and determining the degree of disability of a person injured in a road traffic accident on the basis of an objective test. Disability levels range from level 1 to 10. Each has different criteria.

Regardless of the method of entrustment, the injured person must provide relevant materials. Whether the traffic accident disability appraisal materials are complete, sufficient, and true is directly related to whether the judicial appraisal institution will accept them. The more adequate and complete the materials, the more conducive to the forensic appraisal agency to make a fair, just and reasonable disability level for the injured person's injury.

1. Admission record.

2. Discharge record;

3. Discharge summary;

4. Finger book of medical records;

5. Certificate of disease diagnosis;

6. X-ray, CT and diagnosis report at the initial stage and after the end of the injury;

7. Traffic accident certificate;

8. ID card or household registration book of the injured person in the traffic accident;

9. Power of attorney for disability appraisal (if the disability appraisal is done in advance due to the need to provide the appraisal level for the injured person who has not yet been completed or discharged from the hospital, it shall be explained in the power of attorney for disability appraisal).

[Legal basis].

Degree 1 disability. 1) Injuries to the brain, spinal cord and peripheral nerves

1. Plant state;

2. Extreme intellectual impairment (IQ below 20) or mental disorder, completely unable to take care of oneself in daily life;

3. Quadriplegia (muscle strength above three limbs below grade 3);

4. Paraplegia (muscle strength below grade 2) with fecal and urinary incontinence.

2) Caused by head and face injuries:

1. Bilateral eyeball loss;

2. One eyeball is missing, and the other eye is severely deformed with blindness grade 5.

3) Severe malunion and severe respiratory dysfunction caused by thoracic injury of the spine.

4) Severe respiratory and swallowing dysfunction caused by neck injury.

5) Chest injury:

1. Lobectomy or extensive severe adhesion of bilateral pleura or severe deformity of the thoracic cage, severe respiratory dysfunction;

2. Mental incompleteness and mental skill level; or cardiac insufficiency, with significant organic arrhythmias.

6) Abdominal injury:

1. Partial resection of the stomach, intestines, digestive glands, etc., serious dysfunction of digestion and absorption, and complete inability to take care of oneself in daily life;

2. Bilateral nephrectomy or complete loss of function, Hino Toshitsu is completely unable to take care of himself.

7) Limb injury:

1. Missing more than three limbs (upper limbs above the wrist joint, lower limbs above the ankle joint);

2. Loss of two limbs (upper limbs above the elbow joint, lower limbs above the knee joint), and loss of function of the other limb by more than 50%;

3. Missing of two limbs (upper limbs above the wrist joint, lower limbs above the ankle joint), complete loss of function of the third limb;

4. One limb is missing (the upper limb is above the elbow joint, the lower limb is above the ankle joint), the second limb is completely lost, and the third limb is more than 50% of the function;

5. One limb is missing (the upper limb is above the wrist joint, and the lower limb is above the ankle joint), and the other two limbs are completely incapacitated.

6. Complete loss of function of the limbs.

8) **Scar formation caused by injury reaches more than 76% of the body surface area.

The traffic accident disability appraisal standard is the process of evaluating and determining the degree of disability of a person injured in a road traffic accident on the basis of an objective test. The disability level is from level 1 to level 10, and the traffic accident disability assessment must wait for the injured person to be assessed before it can be assessed.

Legal basis: Article 49 of the "Provisions on Procedures for Handling Road Traffic Accidents" requires inspection and appraisal, and the traffic management department of the public security organ shall, in accordance with the relevant regulations, entrust a qualified appraisal agency to conduct inspection and appraisal within three days from the date of the completion of the investigation at the scene of the accident. The autopsy shall be commissioned within 3 days of the date of death.

The inspection and appraisal of the traffic hit-and-run vehicle shall be entrusted within three days from the date of seizure of the suspected vehicle. If the on-site investigation needs to be inspected and identified after three days from the date of completion, it shall be reported to the traffic management department of the public security organ at the next higher level for approval. The evaluation of mental illness is to be conducted by an evaluation institution with psychiatric evaluation qualifications.

Article 51 The traffic management department of the public security organs shall determine the time limit for the completion of inspection and appraisal with the appraisal agency, and the time limit shall not exceed 30 days. More than 30 days, shall be reported to the traffic management department of the public security organ at the next higher level for approval, but the longest shall not exceed 60 days.