Car accident compensation and sentencing, how to sentence for car accidents?

1. If your father is fully or primarily responsible for the accident, then your father will face criminal penalties of up to 3 years in prison;

2. If your father is equally or secondarily responsible or not responsible, then your father is not criminally responsible;

3. According to the provisions of the Interpretation of the Supreme People's Court on Several Issues Concerning the Trial of Personal Injury Compensation Cases, the civil liability is borne by the employer, and your father does not have to bear it.

4. Detention is divided into criminal detention and administrative detention, and I don't know what kind of detention your father belongs to.

Where a major traffic accident occurs in violation of traffic and transportation management regulations, on the basis of clarifying the responsibility for the accident, where a crime is constituted, it shall be convicted and punished in accordance with the crime of causing a traffic accident.

In this case, although one person was killed, according to 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, since your father is not the party who is wholly or primarily responsible, the crime of causing a traffic accident should not be constituted. How is the detention notice written?

You have to look at the traffic accident liability certificate of the traffic police first, if the motorcycle bears the main or full responsibility, your father will not commit a crime. If your dad is primarily responsible, he will commit a crime and be sentenced. In my opinion, your case is civil compensation, and your father's status as a defendant in this case is not qualified, because he was employed by Liu, and the employer was liable, and then Liu asked your father for compensation.

The amount of compensation is a local standard, ask the law firm.

In China, traffic accidents refer to criminal acts that violate road traffic management laws and regulations, cause serious traffic accidents, cause serious injuries or deaths, or cause major losses to public and private property, and are investigated for criminal responsibility in accordance with the law. China's Criminal Law stipulates that anyone 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.

1. The following acts may be sentenced to fixed-term imprisonment of not more than three years: (1) one person is killed or three or more people are seriously injured, and all or the main responsibility for the accident is borne; (2) If there are more than 3 deaths, they shall be equally responsible for the accident; (3) Causing direct losses to public and private property, bearing full or primary responsibility, and unable to compensate more than 300,000 yuan. 2. The following circumstances may be sentenced to fixed-term imprisonment of not less than three years but not more than seven years:

1) If there are more than 2 deaths or more than 5 serious injuries, the person shall be fully or mainly responsible for the accident; (2) If there are more than 6 deaths, they shall be equally responsible for the accident; (3) Cause direct losses of public and private property, bear full or primary responsibility, and are unable to compensate for more than 600,000 yuan. 3. Where the victim dies due to the lack of timely medical treatment due to escape, a sentence of not less than seven years imprisonment may be imposed.

Hello, I'm asking a lawyer, your question is vague, can you tell us more about what happened?

Hello, I'm asking a lawyer, your question is vague, can you tell us more about what happened?

Hello, the lawyer is at your service.

Questions. <>

Hello, traffic accident liability.

There was a trailer next to me that was slowly turning with me, less than 20 yards, and the trailer turned to the second car and I was pinned to the third lane, and then hit my car too fast Bang.

It is recommended that traffic accidents be dealt with by the police as soon as possible, and the traffic police department will make a judgment based on whether they are speeding, whether they are running red lights, etc.

Article 73 of the Road Traffic Safety Law The traffic management department of the public security organ shall, on the basis of 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.

Questions. Hello, lawyer, how to judge this.

From the analysis of ** and text traffic police gave me full responsibility.

It is recommended that traffic accidents be dealt with by the police as soon as possible, and the traffic police department will make a judgment based on whether they are speeding, whether they are running red lights, etc.

If you have any objection to the current judgment of the traffic police, you can file an administrative reconsideration.

Article 9 of the Administrative Reconsideration Law Where a citizen, legal person or other organization believes that a specific administrative act infringes upon its lawful rights and interests, it may submit an application for administrative reconsideration within 60 days from the date on which it becomes aware of the specific administrative act; However, the application period stipulated by law exceeds 60 days. Where the statutory application time limit is delayed due to force majeure or other legitimate reasons, the application time limit shall continue to be calculated from the date on which the obstacle is removed.

Where a car accident causes serious injury to another person, the sentence is generally up to three years imprisonment. and where death is caused, the sentence is to be between three and seven years imprisonment depending on the circumstances.

Article 235 of the Criminal Law: Whoever negligently injures another person causing serious injury shall be sentenced to up to three years imprisonment or short-term detention. Where this Law provides otherwise, follow those provisions.

Article 233:Whoever causes death by negligence is to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; where the circumstances are more minor, a sentence of up to three years imprisonment is to be given.

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 (hereinafter referred to as the "Interpretation").

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.

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.

If the driver admits that the tricycle does not have a brake function in the first place, he may be held criminally liable, and if the accident is caused by brake failure due to an accident, he may not be held criminally liable. However, due to the death of two people, it is a major traffic accident.

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:

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.

Hello! Where serious injury or death is caused, or major losses are caused to public or private property, the starting sentence may be determined within the range of up to two years imprisonment or short-term detention. On the basis of the starting sentence, the sentence may be increased to determine the base sentence on the basis of responsibility for the accident, the number of people who caused serious injury or death, or the amount of property damage, as well as other facts of the crime that impact the establishment of the crime, such as escape.

How is a death in a car accident sentenced?

Article 119 of the General Principles of the Civil Law of China stipulates: "A person who infringes on the body of a citizen and causes injury shall be compensated for medical expenses, income lost due to lost work, living allowance for the disabled, and other expenses; where death is caused, funeral expenses and necessary living expenses for those supported by the deceased during his lifetime shall be paid. "Other injured and dead persons have the right to claim compensation from the driver.

If the driver's behavior violates the provisions of the "Road Traffic Safety Law of the People's Republic of China", and he knows that it is a motor vehicle with incomplete safety devices or malfunctioning safety mechanisms, he shall be punished as a traffic accident; If a driver drives a vehicle without brakes on the road, causing an accident, according to Article 133 of the Criminal Law, "Whoever violates traffic and transportation management regulations, resulting in a major accident, causing serious injury or death or major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than 3 years or criminal detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, he is to be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than 7 years. ”

Therefore, if the driver knows that the brakes have failed before entering the road again, the driver should be sentenced to up to 3 years in prison.

However, if the brakes are normal before hitting the road, and the brakes suddenly fail when the accident occurs, the driver is not criminally liable.

In the event of a traffic accident that causes property damage or personal injury, the perpetrator shall be liable for damages. The standard of compensation for property loss is: according to Article 19 of the Tort Liability Law, if the property of another person is infringed, the property loss shall be calculated according to the market or other methods at the time of the loss; Wait.

Legal Analysis: Indemnity. A criminal penalty does not exempt him from civil liability.

Criminal penalties and civil compensation are two areas of law that cannot be substituted for each other. In accordance with the provisions, where the victim suffers economic losses as a result of the criminal act, the criminal shall be sentenced to compensate for the economic losses in addition to criminal punishment in accordance with law.

Legal basis: Article 133 of the Criminal Law of the People's Republic of China Whoever violates the laws and regulations on the administration of transportation, thereby causing a major accident, causing serious injury or death, 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 there is an escape after causing a traffic accident or there are 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.

Indemnify. A criminal penalty does not exempt him from civil liability. Criminal penalties and civil compensation are two areas of law that cannot be substituted for each other.

In accordance with provisions, where the victim suffers economic losses as a result of criminal conduct, the offender shall be admired in addition to being given criminal punishment in accordance with law, and shall be sentenced to compensation for economic losses according to the circumstances. Article 133 of the Criminal Law: Whoever violates the laws and regulations on the management of transportation 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, he is to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.