What is the basis for the classification of traffic accidents?? and the basis for compensation??

1.The motorcycle driver is primarily responsible, the tractor driver A is secondarily responsible, and the tractor driver B is not responsible.

2.According to the 2008 National Economic and Social Development Statistical Report of Shandong Province released on February 11, 2009, the data of the calculation standard of personal injury compensation in Shandong Province in 2009 are:

The per capita disposable income of urban residents was 16,305 yuan.

The per capita consumption expenditure of urban residents was 11,007 yuan.

The per capita net income of rural residents was 5,641 yuan.

The per capita living consumption expenditure of rural residents was 4,077 yuan.

The average wage of urban workers on the job is 26,407 yuan.

3.The scope of compensation includes various expenses incurred due to medical treatment and income lost due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, disability compensation, living expenses of dependents, death compensation, living expenses of dependents, funeral expenses, spiritual solace, etc.

It is necessary to determine what the relationship is, if it is an employment relationship, then B will pay A, and at the same time, the motorcycle must pay A, within the scope of compulsory traffic insurance, fully compensate A, and the excess part will be compensated according to the division of responsibility.

5.Compensation for the deceased:

Death Benefit 16305 x 20

Funeral expenses The living expenses of the dependents are subject to availability.

Spiritual solace 5 8w

According to the "Judicial Interpretation of the Supreme People's Court on Several Issues Concerning the Trial of Personal Injury Compensation", the scope of compensation includes various expenses incurred due to medical treatment and income reduced due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, and disability compensation (according to the assessed disability level), living expenses of dependents, and death compensation, living expenses and funeral expenses of dependents.

Spiritual solace money, etc. Legal basis: 1. The Judicial Interpretation of the Supreme People's Court on Several Issues Concerning the Trial of Personal Injury Compensation, 2. The Road Traffic Safety Law, and 3. The specific compensation amount of the Regulations on Compulsory Insurance of Motor Vehicles varies from place to place.

Liability for traffic accidents is divided according to the following criteria:

1. Traffic accidents between motor vehicles, non-motor vehicles, and pedestrians:

1. If the motor vehicle party bears full responsibility in the traffic accident, it shall bear 100% of the compensation liability;

2. If the motor vehicle party bears the main responsibility in the traffic accident, it shall bear 8-% of the compensation liability, and the other party shall bear 20% of the compensation liability;

3. If one party of the motor vehicle bears the same responsibility in the traffic accident, it shall bear 60% of the compensation liability, and the other party shall bear 40% of the liability;

4. If the motor vehicle party bears secondary liability in the traffic accident, it shall bear 40% of the compensation liability, and the other party shall bear 60% of the liability.

5. If the motor vehicle party does not have the responsibility of socks integrity, it shall bear no more than 10% of the compensation liability.

6. If a non-motorized vehicle driver or pedestrian is involved in a traffic accident on an urban expressway or highway that prohibits non-motorized vehicles and pedestrians, and the motor vehicle party is not liable, it shall bear 5% of the compensation liability.

2. Accidents between motor vehicles:

1. If you bear full responsibility for the accident, you shall bear 100% of the compensation liability;

2. If the person is primarily responsible, 70% of the compensation liability shall be borne;

3. If you bear the same responsibility, you shall bear 50% of the compensation liability;

4. If it bears secondary liability, it shall bear 30% of the compensation liability;

5. If there is no responsibility, it shall not be liable for compensation;

6. If it is a traffic accident and none of the parties is liable, the liability of both parties shall be determined according to the specific circumstances;

7. If the responsibility for the accident cannot be determined, the two repentant parties shall each bear 50% of the compensation liability.

3. In the event of an accident between non-motorized vehicles or between non-motorized vehicles and pedestrians, they shall be liable for compensation in accordance with the second case.

Legal basis] Article 73 of the Road Traffic Safety Law, the traffic management department of the public security organ shall, according to the inquest, inspection and investigation of the traffic accident scene and the relevant inspection and appraisal conclusions, make a traffic accident identification document in a timely manner as evidence for handling the traffic accident.

The traffic accident determination document shall clearly state the basic facts of the traffic accident, the causes and the responsibilities of the parties, and serve them on the parties.

1. How to divide the liability for traffic accidents, and how to divide the compensation for filial piety in traffic accidents is generally divided according to the following standards.

1) If the motor vehicle party bears full responsibility in the traffic accident, it shall bear the liability of 100 compensation;

2) If the party of the motor vehicle bears the main responsibility in the traffic accident, it shall bear the liability of 80 compensation;

3) If one party of the motor vehicle bears equal responsibility in the traffic accident, it shall bear the liability of 60 for compensation;

4) If the motor vehicle party bears secondary responsibility in the traffic accident, it shall bear the liability of 40 for compensation;

5) In the event of a traffic accident on a closed road such as a highway or viaduct, and the motor vehicle party is not liable, compensation shall be given according to 5% of the compensation liability, but the maximum amount of compensation shall not exceed 10,000 yuan. In the event of a traffic accident on other roads, if the motor vehicle party is not liable, compensation shall be given according to 10 percent of the compensation liability, but the maximum amount of compensation shall not exceed 50,000 yuan.

2. What is the standard of compensation for traffic accidentsThere are four major standards for traffic accident compensation:

1. Where the person who has suffered mental damage and the right holder (victim or close relative of the deceased) requests compensation for moral damage from the people's court, the "Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Liability for Moral Damages in Civil Torts" shall be applied to make a determination. The right to claim solatium for moral injury must not be assigned or inherited. However, the person obligated to compensate has already promised to give monetary compensation in writing, or the person entitled to compensation has already filed a lawsuit with the people's court.

2. In addition to the relevant expenses specified in 1 according to the compensation of the rescue, the compensation items and standard compensation obligors 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 in handling funeral matters.

3. Disability compensation items and standards: The necessary expenses incurred due to the increase in living needs and the loss of income caused by the loss of working ability, including disability compensation, disability assistive device expenses, living expenses of dependents, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation, shall also be compensated by the compensation obligor.

4. Personal injury compensation items and standards: The compensation obligor shall compensate for the expenses incurred due to medical treatment and the income lost due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.

1. Article 76 of the Traffic Safety Law stipulates the principle of strict liability for civil compensation for traffic accidents between motor vehicles and pedestrians and non-motor vehicle drivers, so as to reflect the protection of vulnerable traffic groups. There is a big difference from the no-fault principle of the past (10% compensation). In general, the motor vehicle party bears civil liability.

No civil liability unless it is proved that the damage was intentionally caused by the victim; Where there is evidence proving that the driver of a non-motor vehicle or pedestrian is at fault, and the driver of a motor vehicle has already taken necessary measures to deal with the disturbance, liability may be reduced. The part of the mitigation of liability is between 10% and 50%, which is not stipulated in the law and regulations, and it is proposed that the Supreme People's Court shall clearly stipulate it in the judicial interpretation on compensation for traffic accident damages.

2. The Provisions on Procedures for Handling Traffic Accidents issued by the Ministry of Public Security stipulate that the standard of compensation for personal injuries shall be implemented 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 the cost of repairing property losses and compensation at a discounted value shall be calculated according to the actual value or the assessment conclusion of the appraisal agency.

1. How to attribute responsibility for collision between motor vehicle and pedestrian?

Article 76, Paragraph 1, Item 2 of the Road Traffic Safety Law stipulates:

In the event of a traffic accident 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;

Where 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 compensation liability. According to the provisions of this article, in the case of traffic accidents between motor vehicles, non-motor vehicles and pedestrians, the principle of imputation is strict liability, that is, regardless of whether the motor vehicle is at fault or not, as long as there is no evidence to prove that the non-motor vehicle driver or pedestrian violates traffic rules, the motor vehicle driver shall bear full responsibility.

This is different from the principle of fault liability of the motor vehicle party in traffic accidents stipulated in the past road traffic laws and regulations, and reflects the legal spirit of protecting the weak. In the case of strict liability, it is the principle that the motor vehicle party bears full liability, and the reduction or exemption of liability is an exception. If the motor vehicle party wants to achieve the exemption or mitigation of liability, there are two ways:

First, there is evidence to prove that the traffic accident and the damage caused by it were intentionally caused by non-motor vehicle drivers and pedestrians.

Second, it is proved that the driver and pedestrian of the non-motor vehicle accompanying the air violated the traffic rules and was at fault. In the first case, the motor vehicle party is not liable; In the second case, the liability of the motor vehicle party is to be reduced. The extent of mitigation of liability shall be determined according to the extent of the causal force of the acts of the parties to the cause of the accident loss.