Several issues concerning civil compensation and sentencing for the death of a person caused by a tr

Clause. 1. The other party's behavior is an act that disrupts public order and can only be dealt with by the police, but it is recommended that the party responsible for the accident should not take the initiative to intervene, so as not to intensify the relationship between the two parties;

Clause. 2. In principle, the compensation standard for 2011 should be followed;

Clause. 3. No, you cannot. You are the party fully responsible for the accident, and the right to claim compensation for accident damage belongs only to the injured party;

Clause. 4. In principle, the driver who caused the accident has already constituted the crime of causing the accident, and the court may sentence him in accordance with law; The other party's so-called "wanton and brutal" behavior does not affect the judgment of compensation in the case;

Clause. 5. Yes. After the compensation is reached, there is no problem of not being able to get a letter of understanding, and those who have obtained a letter of understanding can be sentenced to a suspended sentence;

Clause. 6. This time cannot be estimated, and as long as the evidence is complete, a public prosecution can be initiated;

Clause. 7. Under normal circumstances, if the company, as the owner of the vehicle, bears joint and several civil liability in the case that the driver is unable to bear the accident compensation, the proportion of liability is about 10 20%, and there is no provision that the insufficient part must be borne by the vehicle owner;

Clause. 8. Speeding behavior generally has an impact on the determination of accidents, and at present, the full responsibility of the driver who caused the accident has been determined, and compared with the crime of traffic accidents, the impact of speeding violations is very small.

**Target? Lawyer Wang of Qingdao.

1 Because the behavior of the family members is a disturbance of public order, they can only report to the police.

2 Calculated based on the per capita disposable income of the previous year at the time of the accident.

3You can sue the other party, but it is advisable to wait for the family to sue you. Your claim is uncertain.

4. If the driver is fully responsible, it is a crime. Civil compensation may reduce the sentence.

5. If a crime is constituted, no civil compensation is made, and the sentence will generally not be suspended.

6. The public security organ will decide whether to file a case after the issuance of a letter of responsibility. The investigation generally lasts seven days, about one month for examination for prosecution, and about one month for trial.

7. The company shall be liable for compensation.

8 Speeding will generally have an impact on commercial insurance. Specifically, look at the insurance contract.

Legal Analysis: A traffic accident that results in the death of a person is punishable by a prison sentence.

Legal basis: Criminal Law of the People's Republic of China Article 133 Whoever violates traffic and transportation management regulations, resulting in serious injury or death or major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention of a person who congratulates him; 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 escaping or transporting training shall be sentenced to fixed-term imprisonment of not less than seven years.

Article 2 A person who causes a traffic accident in any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention: (1) Where one person dies or three or more persons are seriously injured, and bears full or primary responsibility for the accident; If 1 person is killed, he shall bear 70% of the responsibility Liang Li constitutes the above-mentioned statutory circumstances, and actively compensates. The punishment may be mitigated or mitigated.

The minimum sentence is probation. 1 person who dies in a traffic accident shall be liable for 70% of the liability, and if no compensation is made, he will be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Where a traffic accident causes the death of one person by escaping, or where the nature is particularly heinous, a sentence of not less than three years but not more than seven years imprisonment may be given; If there is no escape, the nature is not heinous, active compensation, serious repentance, and full forgiveness of the victim's family is obtained, and if there is a letter of understanding, a lenient sentence or criminal punishment may be waived.

Civil liability: The amount of compensation shall be calculated according to the following standards: in addition to the relevant expenses of the rescue, the compensation for the death of the victim shall also be compensated for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and the transportation expenses, accommodation expenses, loss of work and mental damages incurred by the victim's relatives in handling funeral matters.

Calculation overview. 1. Medical expenses = diagnosis and treatment expenses + medical expenses + hospital expenses before the chain.

2. Lost time pay = monthly income of lost work and lost work time.

3. Nursing fee = the same level of nursing labor remuneration standard for nursing workers at the place where the traffic accident occurred Number of nursing days.

4. Nutrition fee = Nutrition fee standard * number of days according to the injury standard.

5. Hospitalization meal subsidy = standard of food subsidy for general staff of state organs on business trips (50 yuan per day) Number of days of hospitalization.

6. Living expenses of dependents = per capita annual consumption expenditure of urban residents (rural residents) in the previous year and years of dependency at the location of the court where the lawsuit is filed.

7. Death compensation = per capita disposable income of urban (per capita net income of rural residents) in the previous year at the location of the court where the lawsuit is filed is 20 years.

8. Funeral expenses = 6 months of average monthly wages of employees in the previous year at the location of the court where the lawsuit is filed.

9. In addition, there are transportation expenses, accommodation expenses, direct property damage expenses, vehicle suspension loss expenses, mental injury solace, etc. Criminal liability: Generally up to 3 years imprisonment or criminal detention.

According to article 2 of the "Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents", a traffic accident in any of the following circumstances 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 traffic repentance and filial piety:

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.