The motorcycle driver had an overloaded behavior, and an accident caused three deaths and one seriou

Updated on society 2024-05-15
10 answers
  1. Anonymous users2024-02-10

    It depends on the determination of responsibility for the accident, 3 dead and 1 seriously injured.

    Criminal Law, 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.

    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.

    Article 1: Where a major traffic accident occurs in violation of traffic and transportation regulations by personnel engaged in transportation or non-transportation personnel, on the basis of clarifying responsibility for the accident, where a crime is constituted, it shall be convicted and punished in accordance with the provisions of Article 133 of the Criminal Law.

    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 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:

    1) Driving a motor vehicle after drinking 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; (6) Fleeing the scene of an accident in order to evade legal prosecution.

    Article 4 In any of the following circumstances, a traffic accident shall be classified as "having other particularly heinous circumstances" and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years

    1) Where two or more persons are killed or five or more persons are seriously injured, and they bear full or primary responsibility for the accident;

    2) Where six or more people are killed, and 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 600,000 yuan or more.

  2. Anonymous users2024-02-09

    Do you have a driver's license or not. Wait to go to the detention center, attitude is everything, compensation first.

  3. Anonymous users2024-02-08

    Summary. It is necessary for the traffic police to divide the responsibility in combination with the scene of the accident.

    It is necessary for the traffic police to divide the responsibility in combination with the scene of the accident.

    Wu Yunmen of the Traffic Management Department of the Public Security Organ shall determine the responsibility of the parties according to the role of the party's behavior in the occurrence of road traffic accidents and the severity of the fault. (1) Where a road traffic accident is caused by the fault of one of the parties, full responsibility shall be borne by the party; (2) Where a road traffic accident occurs due to the fault of two or more parties or two or more parties, they shall bear primary responsibility, equal responsibility and secondary responsibility respectively according to the effect of their actions on the accident and the severity of the fault; (3) None of the parties is at fault for causing the road traffic accident, and none of the parties is liable if it is a traffic accident. If one party intentionally causes a road traffic accident, the other party is not liable.

    Legal basis] Article 1208 of the Civil Code, if a motor vehicle is involved in a traffic accident and causes damage, it shall be liable for compensation in accordance with the Road Traffic Safety Law and the relevant provisions of this Law.

    Did you call the police? Did you come to the scene?

    Both sides of the cut are accounted for how to divide the responsibility for driving.

    There is an alarm. This ** will generally be divided according to the situation.

    What you're saying now is a bit too vague, I don't understand the specifics.

    If both vehicles are driving on the road, dividing the responsibility for the accident will generally not make you fully responsible, and there may be other situations.

    What are the odds of primary responsibility.

    Will it be equally responsible.

    Do you have any other circumstances? It could be 50%.

    Are you on a country road, or are you on that kind of city road? Is it equivalent to two people violating traffic rules at the same time?

    Rural roads are violated at the same time.

    Are the injuries on both sides more serious?

    If both are violated at the same time, and then the injuries of both parties are not particularly serious, it may be calculated as 50%.

    The driver of the motorcycle was seriously injured.

    Is one of your models a motorcycle and the other a car?

    If it's all motorcycles, the responsibilities should be about the same.

    But if one of them is a car, the nature changes.

  4. Anonymous users2024-02-07

    The traffic accident between a large truck and a motorcycle resulted in the death of two motorcycles, but the principle of division of liability for motorcycles without a driver's license is as follows:

    1. Accident liability and compensation.

    1. According to the provisions of the Traffic Law: the traffic management department of the public security organ shall determine the responsibility of the parties involved in the traffic accident according to the role played by the behavior of the parties involved in the traffic accident and the severity of the fault. Unlicensed and unlicensed vehicles do not directly lead to accidents, and are not considered as factors in the determination of accidents, and the division of responsibilities is delineated according to the causes of accidents.

    2. According to the accident liability, determine the division of compensation liability. Both parties shall compensate each other for their losses in full within the amount of compulsory traffic insurance, and the insufficient part shall be shared according to the proportion of liability. If the motorcycle driver is unlicensed, the insurance will not compensate him/her, and the corresponding liability shall be borne by him or his guardian.

    Criminal and administrative liability.

    1. If the person who causes the death of two people and bears the main or more responsibility for the accident, which constitutes criminal responsibility, and commits the crime of causing a traffic accident and has particularly heinous circumstances (two deaths), he shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and if he bears the same responsibility, he does not need to bear criminal responsibility.

    2. Administrative penalties. Motorcycle drivers driving without a license can be fined 200-2000 yuan and detained for up to 15 days, and if they are dead, the administrative punishment will be cancelled by themselves.

  5. Anonymous users2024-02-06

    As long as it is a dead person, there will be responsibility, compensation is divided into civil and criminal punishments, civil compensation must be paid, criminal aspects have to depend on how the traffic police deal with it, it is estimated that you have to find a professional person to ask the best.

  6. Anonymous users2024-02-05

    The compensation depends on whether it is a rural or urban hukou, or whether there is an urban temporary residence permit, and the rural hukou is less.

  7. Anonymous users2024-02-04

    That's right. Rest assured, if you are driving normally, you will not be held responsible.

  8. Anonymous users2024-02-03

    In any case, the big truck will bear some responsibility, after all, two people died in the accident.

  9. Anonymous users2024-02-02

    Overloading violates road traffic management regulations, and a traffic accident occurs, the traffic management department of the public security organ determines the responsibility of the party according to the role of the party's behavior in the occurrence of the road traffic accident and the severity of the fault

    (1) Where a road traffic accident is caused by the fault of one of the parties, full responsibility shall be borne by the party;

    2) Where a road traffic accident occurs due to the fault of two or more parties, they shall bear primary responsibility, equal responsibility and secondary responsibility respectively according to the effect of their actions on the accident and the severity of the fault;

    3) None of the parties is at fault for causing the road traffic accident, and if it is a traffic accident, none of the parties is liable;

    4) If one party intentionally causes a road traffic accident, the other party shall not be liable.

    Legal basis: Article 73 of the Road Traffic Safety Law stipulates that 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.

  10. Anonymous users2024-02-01

    Legal Analysis: The responsibilities of the parties involved in the accident of motorcycle overloading are:

    1. If a road traffic accident is caused by the fault of one party, it shall bear full responsibility;

    2. If a road traffic accident occurs due to the fault of both or more parties, the primary responsibility, equal responsibility and secondary responsibility shall be borne respectively according to the effect of their actions on the accident and the severity of the fault;

    3. None of the parties is at fault for causing the road traffic accident, and if it is a traffic accident, none of the parties is liable;

    4. If one party intentionally causes a road traffic accident, the other party shall not be liable. Those who escape after a road traffic accident shall bear full responsibility for the accident.

    Legal basis: Provisions on Procedures for Handling Road Traffic Accidents

    Article 60 The Shantong management department of the traffic bureau of the public security organ shall, according to the role played by the party's conduct in the occurrence of the road traffic accident and the severity of the fault, determine the responsibility of the party as soon as possible.

    (1) Where a road traffic accident is caused by the fault of one of the parties, full responsibility shall be borne by the party;

    2) Where a road traffic accident occurs due to the fault of two or more parties, the primary responsibility, equal responsibility and secondary responsibility shall be borne respectively according to the effect of the accident and the severity of the fault;

    3) None of the parties is at fault for causing the road traffic accident, and if it is a traffic accident, none of the parties is liable;

    If one party intentionally causes a road traffic accident, the other party is not liable.

    Article 61: In any of the following circumstances, a party bears full responsibility:

    1) Fleeing after a road traffic accident;

    2) Intentionally destroying or fabricating a scene or destroying evidence.

    Where parties abandon their vehicles and flee or abscond and hide in order to evade pursuit of legal responsibility, if there is evidence showing that the other parties are also at fault, responsibility may be appropriately reduced, but where there is evidence at the same time showing that the fleeing party has the circumstances in item (2) of the first paragraph, it is not to be mitigated.

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