The traffic fatality accident was compensated 91 percent of the money, and the family of the decease

The family of the deceased does not have this right, but the family of the deceased can report the case, and then the friend of the landlord may face the crime of causing a traffic accident, if sentenced, it is up to three years.

So if you can, try to give the 50,000 yuan, if it is because three years have passed in prison, the loss is not as simple as 50,000.

The watchtower owner.

Your friend is suspected of causing a traffic accident and is liable for both criminal and civil liability. Criminal liability is not exempted from civil liability, and the victim's family has no right to exempt your friend from criminal liability.

If needed**.

According to the seriousness of the circumstances, the traffic accident may be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and if a compensation agreement is reached with the other party, the punishment may be mitigated as appropriate, and if there are circumstances of voluntary surrender, the punishment can be mitigated or commuted, so the possibility of a suspended sentence is still there, that is, if the judge adopts a mitigated punishment in the circumstances of voluntary surrender, he can be sentenced to less than three years, and a suspended sentence can be sentenced to less than three years.

If no agreement can be reached, then the families of the deceased will not give up.

Of course, you can also choose not to coordinate things by economic means, then it depends on the judge's decision.

Your friend has committed a traffic accident and needs to be sentenced, and the attitude of the deceased's family is a factor to consider when sentencing.

Zongheng Legal Network-Shanxi Yade Law Firm-Lawyer Wei Haiyuan.

1.Whoever flees after causing a traffic accident 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.

2.The compensation items are:

a Medical expenses related to rescue.

b Death compensation = disposable income of urban residents in the province x 20 years c funeral expenses = average annual salary of on-the-job employees in the province x 6d spiritual solace = 5-80,000 yuan (if the driver has criminal responsibility, it can be claimed), that is to say, if the driver is in prison, you will not be able to ask for this item.

d Other transportation expenses, etc.

3.For his girlfriend's injury, he first applied for disability identification, and many items were related to the disability identification level.4The driver is an act of duty, and the damage caused by it should be borne by the unit, that is, you should file a civil or criminal attached civil lawsuit with the company as the defendant.

After getting the accident certificate, you can go directly to the court to sue, and you should see what kind of illness the other party is and what is directly related to the accident. Other aspects need the judgment of the court, and the sentence is estimated to be imposable. Generally, after accompanying the money, the court will give a reprieve.

If the death is directly caused by a traffic accident, according to the provisions of the Criminal Law and its judicial interpretation, if the driver of a motor vehicle bears the main or full responsibility for the accident and causes the death of a person, it can constitute the crime of causing a traffic accident, and it is necessary to investigate criminal liability and attach civil compensation.

If the driver of a motor vehicle bears secondary, equal or no responsibility for the accident, even if it causes the death of another person, it will not constitute a crime, but only a matter of compensation.

The law does not require you to pay for medical expenses in advance.

The relationship between the two diseases needs to be identified to determine how much of the disease you bear.

First of all, it depends on whether the injured person has a certain amount of medical insurance, and then there is also to see what kind of traffic accident it belongs to, and it is difficult to be sentenced to real punishment for general negligence, that is, to go to prison, and the circumstances are not serious, it should be private, even if he is dead, and if you don't say what kind of illness he is, it is difficult to explain the rest.

Traffic accidents belong to criminal liability, compensation belongs to civil liability, according to the law, compensation is in place, if the victim's family submits to the court, it can be appropriately mitigated, but only a little, he still has to bear considerable criminal responsibility, which depends on the circumstances, it is estimated that 5 to 15 years are possible, but there will be no life sentence or death.

Traffic accidents, active compensation, can fight for probation.

First of all, it must be made clear that whether or not criminal liability is borne depends on the division of accident responsibility in the traffic accident certificate, and criminal liability can only be borne if the person bears all or the main responsibility for the accident, or hit-and-run.

Otherwise, the party responsible for the accident will only bear civil liability.

In the event of a traffic accident being suspected, if the criminal suspect compensates the family of the deceased for civil compensation, the court will consider an appropriate lenient sentence if a letter of understanding is obtained from the family of the deceased. There is no specific provision for this leniency, and the specifics are in the hands of the ad litem judges.

It is advisable to reach a mediation agreement in the proceedings.

Hello, to the problem you described, the lawyer replied as follows:

First of all, the compensation for personal injuries caused by traffic accidents must first have an accident liability determination issued by the traffic police department, which is the beginning of all the basis for compensation.

Secondly, for personal injuries caused by traffic accidents, the main scope of compensation includes medical expenses, hospitalization expenses, nursing expenses, nutrition expenses, lost work expenses, one-time disability allowance, mental damages, etc. The foundation is based on the identification of the disability level. Disability level assessment is carried out by a specialized appraisal agency.

Third, after the disability level is confirmed, the compensation liability is determined based on the average salary of the local employee in the previous year, as well as the age and household registration of the victim.

Fourth, if a personal accident is caused by a traffic accident, a lawyer can be hired, and the lawyer's fees will also be borne by the losing party in the future. Blessing!

According to the provisions of article 133 of the Criminal Code, three different punishment levels (sentencing scales) are prescribed for the crime of causing traffic accidents:

There was a major accident.

1. Whoever 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, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. According to Article 2, Paragraph 1 of the Interpretation, the so-called "occurrence of a major accident" here refers to one of the following circumstances: (1) one person is killed or three or more persons are seriously injured, and the person bears full or primary responsibility for the accident;

2) If there are three or more deaths, the same responsibility for the accident shall be borne by the same person;

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 for the amount of 300,000 yuan or more.

Now that you are also actively compensating.

The judge will reduce the sentence at his discretion.

However, it depends on whether you have subjective intentions.

and drunk driving.

Evidence of compensation and forgiveness from the other party is usually given at trial, and a suspended sentence is usually imposed.

As long as you are not driving under the influence of alcohol, you can be given a suspended sentence, but you must ask the family of the deceased to issue a letter of understanding.

If the other party doesn't pursue it, there shouldn't be a big deal. The crime of causing a traffic accident is different from the crime of intentional wounding, the victim is not prosecuted, and the court will not take the initiative to file a case for investigation. When the court accepts a case, it is either the people who file a complaint, or a criminal case or an economic case, and the public security bureau investigates, the procuratorate prosecutes, and the court accepts it.

In a traffic accident, the traffic police collect evidence and submit it to the procuratorate for prosecution.

This depends on the specific circumstances of the case, if it is a traffic accident and escape, causing death, the sentence will generally not be light; If the death is caused by negligence, and there are active measures to treat the victim after the accident, and at the same time have a good attitude of remorse and actively compensate the victim's family, then the sentence should not be too long, and a suspended sentence may be imposed, so it is best to find a lawyer to defend it, and the sentence should not be too heavy. It is difficult to determine how many years it will take, because the court has to base its judgment on many specific factors.

Article 133 of the Criminal Law: Whoever violates the laws and regulations on 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 criminal detention.

According to Article 2, Paragraph 1 of the 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, the so-called "occurrence of a major accident" refers to one of the following circumstances: (1) one person dies or three or more persons are seriously injured, and bears full or primary responsibility for the accident; 2) If there are three or more deaths, the same responsibility for the accident shall be borne by the same person; 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 for the amount of 300,000 yuan or more.

In addition, paragraph 2 of Article 2 of the Interpretation also stipulates that a person who causes serious injury to one or more persons in a traffic accident and bears all or the main responsibility for the accident and has any of the following circumstances shall be convicted and punished as the crime of traffic accident: (1) driving a motor vehicle under the influence of alcohol or 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 without a license or scrapped; (5) Driving with serious overload; (6) Fleeing the scene of the accident in order to evade legal prosecution.

To sum up, if the parties are indeed more than the main responsibility in the accident, and the traffic police department has intervened in the investigation and decided to file a case, then they should be prepared to face criminal trial and accept criminal punishment.

If eligible, go for probation. In practice, conviction and sentencing depend on many circumstances, such as attitude, consequences, restitution, voluntary surrender, disclosure, reporting, meritorious service, principal and accessory offenders, juveniles, recidivism, attempts, and so on.

Traffic accident crimes are generally punishable by fixed-term imprisonment of up to three years, and if an understanding agreement is actively reached with the victim, a lighter punishment may be given, and a suspended sentence is generally applicable.

First of all, it is necessary to distinguish whether it is a traffic accident or a traffic accident, and if a traffic accident is caused by criminal responsibility, a traffic accident will not bear criminal responsibility.

In general, the sentence is not more than three years, but in case of escape or other aggravating acts, the sentence is not less than three years but not more than seven years, and if a civil compensation agreement or criminal understanding agreement is reached, a suspended sentence can be imposed.

If a person dies as a result of a traffic accident and the court awards compensation, the victim may apply to the court for enforcement.

Court enforcement is an act of coercion taken by the court against the defendant based on the result of a legal judgment. If the person subject to the enforcement application fails to perform its obligations in accordance with the enforcement notice, the people's court has the right to seal, seize, auction or sell the part of the property that the person subject to the enforcement application shall perform its obligations.

Article 243 of the Civil Procedure Law stipulates that: "If 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 shall have the right to withhold and withdraw the part of the income that the person subject to enforcement shall perform the obligations." However, the necessary living expenses of the executor and the family members he or she supports shall be retained.

When a people's court withholds or withdraws income, it shall make a ruling and issue a notice of assistance in enforcement, which must be handled by the unit to which the person subject to enforcement, banks, credit cooperatives, and other units with savings operations belong. ”

The part that should be compensated by the compulsory traffic insurance may be considered, and the property of the person subject to enforcement may be enforced, and if there is none, the enforcement shall be resumed when he has property after he is released from prison.