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The extent of the driver's responsibility shall be determined by the accident responsibility determination of the traffic police.
1. Civil liability.
Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Compensation for Damages in Road Traffic Accidents (2012).
Article 16: Where a motor vehicle that has simultaneously insured both compulsory third-party liability insurance for motor vehicles (hereinafter referred to as "compulsory traffic insurance") and commercial third-party liability insurance (hereinafter referred to as "commercial third-party insurance") causes damage caused by a traffic accident, and the parties sue the infringer and the insurance company at the same time, the people's court shall determine the liability for compensation in accordance with the following rules:
1) The insurance company that underwrites the compulsory traffic insurance shall first compensate within the limit of liability;
2) The shortfall shall be compensated by the insurance company that underwrites the commercial third-party insurance in accordance with the insurance contract;
Where the infringed party or their close relatives request that the insurance company that underwrites the compulsory traffic insurance give priority to compensation for mental damages, the people's court shall support it.
2. Criminal liability.
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 (2000).
Article 2: 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.
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In the event of a traffic accident between non-motor vehicles and motor vehicles, who will pay for the medical expenses, learn not to suffer.
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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" provides that where one person dies or seriously injures three people, and bears full or primary responsibility for the accident, the starting sentence is one to two years imprisonment.
If you are not primarily responsible for the accident, or if you are not responsible, then there is no criminal liability. However, part of the cost of the deceased will be borne by the insurance company.
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Basically, full responsibility, it depends on how much of a role the warranty you buy makes.
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Intersection accidents? If there is no signal light control, the responsibility for the accident is determined according to the principle of giving way to the left and right, and turning to go straight. The speed of a motor vehicle depends on the speed limit of the road, and if the motor vehicle is speeding, it can be used as an accident identification factor.
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According to our country's "Roads.
The Traffic Safety Law stipulates that if a traffic accident occurs between a motor vehicle and a non-motor vehicle driver or pedestrian, and the non-motor vehicle driver or pedestrian is not at fault, the motor vehicle shall be liable for compensation; If there is evidence to prove that the driver or pedestrian of the non-motor vehicle is at fault, the liability of the motor vehicle party shall be appropriately reduced according to the degree of fault; If the motor vehicle party is not at fault, it shall bear no more than 10% of the liability for compensation. If the loss of a traffic accident is caused by a non-motor vehicle driver or pedestrian intentionally colliding with a motor vehicle, the motor vehicle party shall not be liable for compensation.
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Summary. Equal responsibility: that is, both parties have to bear 50% of the responsibility in this traffic accident, and the loss of the non-motor vehicle party shall be compensated by the insurance company of the motor vehicle party within the scope of the liability of the compulsory traffic insurance (the property loss limit is 2,000 yuan, and the medical expense limit is 10,000 yuan), and the excess part of the loss shall be compensated by 50% within the scope of commercial insurance liability, and the loss of the motor vehicle party shall be compensated by the non-motor vehicle party for 50% of the loss.
In the event of a traffic accident between a motor vehicle and a non-motor vehicle, and the non-motor vehicle person dies, the responsibility is the same as the death.
Hello. Equal liability: that is, in this traffic accident, the double lifting hall tremor party has to bear 50% of the responsibility, the loss of the non-motorized vehicle party shall be compensated by the insurance company of the motor vehicle party within the scope of the liability of the compulsory traffic insurance (the property loss limit is 2,000 yuan, and the medical expense limit is 10,000 yuan), and the excess part of the loss shall be compensated by 50% within the scope of commercial insurance liability, and the loss of the motor vehicle party shall be compensated by the non-motor vehicle party for 50% of the positive and lost losses.
The owner of a non-motor vehicle died, and the driver of a motor vehicle was injured.
Hello, mutual compensation, the family of the deceased, also compensate 50% of the other party's losses
If the driver of the motor vehicle has a lumbar vertebra fracture and needs surgery, who will pay for the subsequent ** and disability and other compensation.
Hello, mutual compensation, the family of the deceased, also compensate 50% of the other party's losses
The motor vehicle is the company's car, and the driver is also in the middle of the company's working hours for the company's traffic accidents, will the company compensate?
If you work for the company, it is considered a work-related injury.
In the future, if the disability appraisal can be evaluated, will the company compensate?
Yes. The company wants to pay for it. Uh-huh. Well.
This means that if the deceased side pays 500,000 yuan in compensation of 1 million, it will be the same on our side, right? Yes.
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If the driver hits someone to death, the key is to see whether the perpetrator violates traffic and transportation management regulations, whether he is responsible for the traffic accident, if he is responsible, it may constitute a traffic accident crime, and he needs to be sentenced to prison, and if he is not responsible, he needs to pay civil compensation.
Legal basis: Interpretation on Several Issues Concerning the Application of Law in the Trial of Criminal Cases of Traffic Accidents in Specific Clans" Article 2: 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, and they bear the same 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.
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Legal analysis: driving a person to death, the key is to see whether the perpetrator violates the imitation of traffic and transportation management regulations, whether he is responsible for the traffic accident, if he is responsible, it may constitute a traffic accident, and he needs to be sentenced to prison.
Legal basis: "Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents" Article 2: In any of the following circumstances, 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) Driving a vehicle with motor socks or safety components that are clearly aware that the safety device is incomplete or the safety mechanism is out of order;
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.
You can call 114 for inquiries.
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