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The Interpretation on Compensation for Personal Injuries implements the principle of comprehensive compensation in terms of compensation items and compensation standards. Among them, the compensation items have been added to the ** fee and the follow-up ** fee, and the "disability compensation" has been replaced by the "living allowance for the disabled". It is embodied in the provisions of Articles 17 and 18 of the Interpretation on Compensation for Personal Injury:
1) The items of compensation for the personal injury suffered by the victim include: medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.
2) In addition to item 1, the compensation items for the victim's disability due to injury include: disability compensation, disability assistive device expenses, living expenses for dependents, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to ** care and continuation**.
3) Compensation for the victim's death includes: in addition to the expenses in item 1, it also includes compensation for funeral expenses, living expenses of 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.
4) Solatium for mental harm suffered by the victim or close relatives of the deceased.
Compensation standard for traffic accident disability compensation:
Article 25 of the Interpretation on Compensation for Personal Injuries stipulates that disability compensation shall be calculated for 20 years from the date of determination of disability according to the degree of the victim's inability to work or the level of disability, and 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 1 year for each additional year; If you are over 75 years old, it will be counted as 5 years.
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Hello, the standards are different in different places, and in addition to the relevant expenses specified in 1 according to the rescue situation, the compensation obligor shall also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, accommodation expenses and loss of work incurred by the victim's relatives for funeral matters.
It is advisable to find a local lawyer for detailed accounting.
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The standards vary from place to place, about 200,000.
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Legal analysis: 1. The funeral expenses shall be calculated according to the average monthly wage of employees in the previous year at the location of the court where the lawsuit is filed, and the total amount for six months. 2. The living expenses of the dependents shall be calculated according to the degree of the dependent's inability to work, and in accordance with the standards of 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 court where the lawsuit is filed.
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. 3. The death compensation shall be calculated on the basis of 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, and shall be calculated over a period of 20 years.
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. 4. Solatium for moral damages: It is generally about 5 to 100,000 yuan according to the local living standard, the defendant's ability to compensate, and the degree of fault.
5. Other miscellaneous expenses: including accommodation expenses for family members dealing with accidents, transportation expenses, lost work expenses, etc.
Legal basis: Article 101 of the Road Traffic Safety Law of the People's Republic of China If a major traffic accident occurs in violation of the provisions of road traffic safety laws and regulations, which constitutes a crime, criminal responsibility shall be investigated in accordance with the law, and the motor vehicle driver's license shall be revoked by the traffic management department of the public security organ.
If a person escapes after causing a traffic accident, the traffic management department of the public security organ shall revoke the motor vehicle driver's license, and shall not re-obtain the motor vehicle driver's license for life.
Criminal Law of the People's Republic of China Article 133 Whoever violates traffic and transportation management regulations, thereby causing 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.
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Compensation for death caused by a traffic hit-and-run is punishable by imprisonment for a term of not less than seven years. The crime of causing a traffic accident refers to a criminal act that violates road traffic management regulations and causes a major traffic accident, causing serious injury or death to a person, 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 traffic and transportation management regulations, thereby causing a major accident that causes serious injury or death, or causes public or private property to return quietly and suffer major losses, 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 heinous circumstances in the special auction, a sentence of between three and seven years imprisonment is to be given; Whoever causes death in a person attack as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.
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1. Death compensation shall be calculated over a period of 20 years according to 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 1 year for each additional year; If you are over 75 years old, it will be counted as 5 years. 2. Funeral expenses shall be based on the average salary of employees in the previous year at the location of the court where the lawsuit is filed for 6 months; 3. The living expenses of the dependents, if the dependents are minors, shall be calculated up to the age of 18; If there is no rotten imitation of labor ability and no other life, it will be calculated for 20 years.
However, if the age is over 60 years old, the age shall be reduced by 1 year for each additional year; If you are over 75 years old, the wide auction will be counted as 5 years. 4. The transportation expenses of family members shall not exceed the reasonable transportation expenses of the three people who have handled traffic accidents carefully; Excess will be counted as three people. 5. The accommodation fee for family members, in principle, shall not exceed the reasonable accommodation fee for three people to deal with traffic accidents; Excess will be counted as three people.
6. In principle, the compensation for lost work of family members shall not exceed the reasonable loss of work caused by three people dealing with traffic accidents; Excess will be counted as three people. 7. Solatium for mental damage. Depending on the state of economic development of the place where the court is sued, the amount of moral damages varies.
You should not have any responsibility, traffic hit-and-run is a very serious matter, especially if it causes death, it is to be sentenced to prison, your fault is that you did not report the crime in time, but you finally worked with your family to promote his surrender, he turned himself in, and the case was solved, so generally no one else will be held responsible, and you are also there. Middle.
Whoever violates traffic and transportation management regulations, thereby causing a major accident that causes serious injury or death, or causes major losses to public or private property, is to be sentenced to up to three years imprisonment 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.
This major traffic accident causes death, depending on the nature of the use of the vehicle driven by the driver and the model of the vehicle. For ordinary small passenger cars, you can take the driver's license normally after the expiration of the revocation of the driver's license.
If a traffic accident hits and kills, you can never apply for a driver's license again. >>>More
The punishment for drunk driving is indeed on the light side, and drivers who drive while drunk and run away and cause death should be sentenced to death.