Two people riding motorcycles, one person dies and one person is injured, how to claim compensation

The law stipulates that motorcycles can't take people, and it's illegal to ride a motorcycle in the city, so you should pay the fine first.

Secondly, it is important what accident is who hits whom.

Hello dear <>

If two people are involved in a motorcycle accident, the driver is killed, and the passenger does not need to be compensated, and the passenger is not responsible for the accident on a motorcycle. Whether the passenger is responsible for a motorcycle traffic accident depends on the actual situation. If the passenger instructs the driver to cause a traffic accident, then the passenger has a certain responsibility.

If the driver is driving, the accident has nothing to do with the passenger, that is to say, the person who stops the front car is not responsible. Legal basis: Article 6, Paragraph 1 of the Qin Rights and Liability Law1: The actor shall bear tort liability if he harms the civil rights and interests of others due to his fault.

2. Article 8: Where two or more persons jointly carry out acts of qin rights and cause damage to others, they shall be jointly and severally liable. 3. Article 13:

Where the law provides for joint and several liability, the person subject to the right has the right to request that some or all of the persons jointly and severally liable bear the liability of Jian Yuansheng.

Summary. Article 133 of the Criminal Law of the People's Republic of China stipulates that a person who violates traffic and transportation management regulations 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; 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.

Article 133 of the Criminal Law of the People's Republic of China stipulates that anyone who violates the regulations on the administration of transportation and causes a major accident due to Yuanxiang, causing serious injury or death, or causing major damage to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or criminal 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.

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 stipulates that a person who causes a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention under any 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) 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 for an 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 in Yanmu:

1) Driving a motor vehicle after drinking alcohol or taking drugs; (2) Driving a motor vehicle without driving qualifications; (3) Driving a motor vehicle knowing that the safety device is incomplete or the safety mechanism is out of order; (4) Knowingly driving a motor vehicle without a license or has been scrapped; (5) Driving seriously overloaded; The concept of the crime of causing an accident is that the crime of causing a traffic accident refers to the act of violating traffic management laws and regulations, resulting in a major accident, causing serious injury or death, or causing major losses to public or private property. Coarse and coarse.

(1) Subject elements: The subject of this crime is a general subject. That is, any natural person who has reached the age of 16 and has the capacity for criminal responsibility can be constituted.

All persons directly engaged in the business of transportation and ensuring transportation, as well as non-transportation personnel, may constitute the subject of the crime. (2) In terms of the subjective elements, the subjective aspect of the crime is manifested as negligence, including negligent negligence and overconfident negligence. If the perpetrator subjectively has intent, then it is not this kind of crime, but correspondingly constitutes other intentional crimes, and the punishment is much more serious than this crime.

3) In terms of the object element, the object violated by this crime is the safety of transportation. (4) Objective elements. The objective aspect of this crime is that in the course of transportation activities, violations of traffic and transportation management regulations, resulting in major accidents, causing serious injury, death and loss of reputation, or causing major losses to public or private property.

It is recommended to call the police in time and wait for the traffic police to divide the responsibility.

In a unilateral motorcycle accident, if the passenger dies, liability needs to be determined. The basis for the specific determination of the responsibility of the slag letter mainly includes the following points: 1

The cause and process of the accident: It is necessary to investigate the cause and process of the accident and determine whether it is the driver's fault or other reasons that caused the accident, such as road conditions, weather conditions, etc. 2.

Driver's violations: If the rolling pants accident is caused by the driver's violations, such as speeding, violating traffic rules, etc., then the driver should be held accountable. 3.

Seat belt use by passengers: If a passenger does not use a seat belt in an accident, then their safety responsibility is to a certain extent. 4.

Occupant's behaviour in an accident: Occupants should be found not to be responsible if they took reasonable self-help action at the time of the accident or made every effort to avoid the accident. In the end, the determination of liability for the death of a passenger caused by a unilateral accident of a motorcycle needs to be judged based on specific circumstances.

If the driver's fault is the main cause, then the driver should be held responsible; If the passenger is at fault or improper, the reserve ship should bear some responsibility.

Summary. Hello <>

Full responsibility rests with the driver. With regard to the determination of liability for the death of a passenger caused by a unilateral accident of a motorcycle, it can be seen from Article 94 of the Road Traffic Safety Law of the People's Republic of China that when a unilateral accident occurs on a motorcycle and causes the death of a passenger, the driver shall bear full responsibility. In addition, the victim or his surviving family members may also file a claim for compensation against the owner of the motorcycle in accordance with Article 123 of the Civil Law of the People's Republic of China and its relevant implementing regulations.

In addition, the motorcyclist may be subject to legal prosecution due to the accident, and the specific responsibility is maintained by the person concerned.

How to determine the liability for the death of the passenger caused by a unilateral accident of a motorcycle.

Hello <>

Full responsibility rests with the driver. With regard to the determination of liability for the death of a passenger caused by a unilateral accident of a motorcycle, it can be seen from Article 94 of the Road Traffic Safety Law of the People's Republic of China that when a unilateral accident occurs on a motorcycle and the passenger dies, the driver shall bear full responsibility. In addition, the victim or his surviving family members may also file a claim for compensation against the owner of the motorcycle in accordance with Article 123 of the Civil Law of the People's Republic of China and its relevant implementing regulations.

In addition, the motorcycle driver may be subject to legal prosecution due to the accident, and the specific responsibility is maintained by the party.

Basis of relevant legal provisions: Article 95 The unit where a traffic accident occurs and the unit that suffers the damage shall, within 20 days from the date of receiving the conclusion of the relevant authority, perform the responsibility and compensation liability for the traffic accident stipulated in this law according to the conclusion of the relevant authority.