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If a traffic accident causes death, the traffic police will provide the family of the deceased with a "road traffic accident liability certificate".
In addition, the two parties responsible for the accident and their families will be initially mediated and comforted, and if the mediation is successful, the traffic police will issue another "mediation statement for the traffic accident".
If the mediation is unsuccessful, the traffic police will send copies of these materials to the procuratorate, and the procuratorate will collect and sort them out and transfer them to the court.
The traffic management department of the public security organ shall make a traffic accident identification certificate within 10 days from the date of the investigation of the scene of the traffic accident after the inquest and inspection of the scene. Where it is necessary to conduct an inspection or appraisal, a traffic accident identification document shall be prepared within 5 days from the date on which the results of the inspection or appraisal are determined.
The traffic management department of the public security organ shall appoint or entrust professional and technical personnel and qualified appraisal institutions to conduct inspection and appraisal within five days from the date of investigation of the scene.
Inspections and appraisals shall be completed within 20 days; If it is necessary to extend, it may be extended for 10 days with the approval of the traffic management department of the public security organ of the city divided into districts. If the inspection and appraisal cycle exceeds the time limit, it shall be reported to the provincial people's public security organ traffic management department for approval.
[Legal basis].
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) 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 or more people are killed, 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.
Where 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 is to be convicted and punished as the crime of causing a traffic accident:
1) Driving a motor 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. Article 15 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" Article 15: Death compensation is calculated on a 20-year basis in accordance with the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed. 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.
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[Legal Analysis].In the event of a traffic accident, the traffic police determine the responsibility and then pay compensation according to the proportion of liability. If there is a minor accident, if you can negotiate by yourself, you can directly report to the insurance company for processing. A person who dies as a result of a traffic accident may apply for release on bail pending further investigation, as long as the conditions are met.
[Legal basis].Criminal Procedure Law of the People's Republic of China Article 65: The People's Law, the People's Procuratorate, and the public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances:
1) Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently;
2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will not cause danger to society;
3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and are released on guarantee pending further investigation will not be a danger to society;
4) Where the period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation.
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How much is the traffic accident death compensation?
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A: The scope of compensation includes: medical expenses, lost work expenses, nutrition expenses, nursing expenses, transportation expenses, death compensation, moral damages, etc.
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The Road Traffic Safety Law provides for double fines for vehicles that do not have compulsory traffic insurance. Make compulsory traffic insurance a statutory type of vehicle insurance, with the effect of compulsory participation. And the insurance premiums are getting higher and higher.
The protection of people who have been injured as a result of traffic accidents is getting higher and higher. At present, China's compulsory traffic insurance is divided into, and the amount of liability insurance is: 110,000 yuan for personal disability and death, 10,000 yuan for medical expenses, and 2,000 yuan for property loss.
The amount of insurance without liability is: 10,000 yuan for disability and death, 2,000 yuan for medical expenses, and 100 yuan for property damage. The general court will classify the amount of loss at the time of trial and support the argument of one party within the insurance limit.
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Funeral expenses - according to the average monthly wage of local employees in the previous year, generally counted as six months;
Death compensation - calculated on a 20-year basis based on the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year. For those over 60 years of age, it will be reduced by one year for each additional year, and for those over 75 years old, it will be calculated as five years;
Transportation expenses - reasonable transportation expenses incurred by the family members for funeral matters;
Lost work expenses - the cost of lost work for family members to handle funeral matters;
Living expenses of dependants - if the dependant is a minor, it is calculated until the age of 18, if the dependant has the ability to work and has no other livelihood**, it is calculated for 20 years, if the dependant is over 60 years old, the age is increased by one year and decreased by one year, and if the dependant is over 75 years old, it is calculated as five years.
Solatium for mental damage - you can mention this yourself.
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18w-40w I absolutely is. It depends on how it goes.
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Civil compensation for traffic accidents is a civil lawsuit attached to a criminal case, which may be enforced in accordance with the provisions 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", and if the two parties fail to reach a consensus through negotiation, the people's court may make a judgment to handle it.
1. Article 99 of the Criminal Procedure Law: Where a victim suffers material losses as a result of the defendant's criminal conduct, he has the right to initiate an attached civil lawsuit in the course of criminal proceedings. Where the victim dies or loses capacity, the victim's legally-designated person or close relatives have the right to raise an attached civil lawsuit.
If state property or collective property suffers losses, the people's procuratorate may initiate an attached civil lawsuit when initiating a public prosecution.
Article 100: When necessary, people's courts may employ preservation measures to seal, seize, or freeze the defendant's assets. The plaintiff or the people's procuratorate in an attached civil lawsuit may apply to the people's court to adopt preservation measures. The relevant provisions of the Civil Procedure Law are to be applied to the people's courts employing preservation measures.
Article 101:People's courts hearing attached civil litigation cases may conduct mediation or make a judgment or ruling based on the circumstances of the material damages.
2. Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases:
Article 17: The person obligated to compensate the victim for personal injury, all expenses incurred due to medical treatment, and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.
If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.
Where the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, lodging expenses, and lost work expenses incurred by the victim's relatives in handling funeral matters.
Actively compensate the victim's family and obtain a letter of understanding from the family, so that the compensation items that will be suspended are: 1. Medical expenses. Including: diagnosis and treatment fees, medical expenses, hospitalization fees, and others (voucher payment, referral form for foreign **; 2. Lost time pay. >>>More
Traffic Accident Death Compensation] Article 37 of the Measures for the Handling of Road Traffic Accidents stipulates: >>>More
The people on the car have special seat insurance, which does not belong to the scope of the three insurance, but some insurance companies will not make claims for traffic accidents between the policyholder and his immediate family members to the person**, here is to divide the situation, if it is an unintentional act should be claimed in the scope of the traffic accident insurance (the injured person himself or the guardian of the injured person can file a lawsuit against the person responsible for the accident and the insurance company), if the ** proves that it is intentional, then the nature will change to a criminal case, and the insurance company can not make a claim (fraudulent insurance), In a previous case, the father reversed his car and inadvertently hit the child, and the insurance company refused to pay compensation, and the mother took the father (the fully responsible party, the first defendant) and the insurance company (the second defendant), and the insurance company could not prove whether the responsible person acted intentionally at the trial, and supported the litigation party's claim.
There are compensation for personal injury, but not for moral damage. >>>More
It is estimated to reach more than 200,000-300,000, and the official data is not very accurate. >>>More