How to convict the origin of traffic and trouble? How much compensation will my colleague receive?

Road Traffic Safety Law of the People's Republic of China.

Article 99 Any person who commits any of the following acts shall be fined not less than 200 yuan but not more than 2,000 yuan by the traffic management department of the public security organ:

1) Driving a motor vehicle without obtaining a motor vehicle driver's license, having a motor vehicle driver's license revoked, or during the period when the motor vehicle driver's license has been suspended;

2) Leaving a motor vehicle to be driven by a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or suspended;

3) Fleeing after causing a traffic accident that does not constitute a crime;

4) The motor vehicle is driving more than 50% of the speed limit;

5) Forcing a motor vehicle driver to drive a motor vehicle in violation of road traffic safety laws, regulations, or requirements for safe driving of motor vehicles, causing a traffic accident, which does not constitute a crime;

6) Forcibly passing in violation of traffic control regulations and not listening to dissuasion;

7) Intentionally destroying, moving, or altering transportation facilities, causing harmful consequences, but it does not constitute a crime;

8) Illegally intercepting or detaining motor vehicles, and refusing to heed dissuasion, causing serious traffic obstruction or relatively large property losses.

Where the perpetrator has any of the circumstances in items (2) or (4) of the preceding paragraph, the motor vehicle driver's license may be revoked concurrently; In any of the circumstances in items 1, 3, 5 through 8, they may be detained concurrently for up to 15 days.

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases.

Article 17: Where a victim suffers a personal injury, the person obligated to compensate for all expenses incurred for medical treatment, as well as the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, lodging expenses, hospital meal allowances, and necessary nutrition expenses.

If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.

Where the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, lodging expenses, and lost work expenses incurred by the victim's relatives in handling funeral matters.

It should not constitute a crime.

The crime of causing a traffic accident must cause serious harmful consequences, including personal or significant property damage. If it causes serious injury to more than 3 people or death of more than 1 person, or is unable to compensate for the loss of more than 300,000 yuan and bears the main responsibility for the accident.

In a situation like yours, it should constitute a tort under civil law, and a civil lawsuit should be filed to claim compensation for medical expenses, lost work expenses, transportation expenses and other losses. The specific amount of compensation is not arbitrary, you need to provide specific evidence and reasonable calculation standards, of course, if you sue in the end, it depends on whether it is supported by the judge.

According to your description, the other party does not constitute the crime of causing a traffic accident, and a compensation agreement has been reached, and the other party does not perform, you can sue the court and demand that the other party pay medical expenses, lost work expenses, nursing expenses, hospital meal subsidies, etc.

If a traffic accident causes the death of a person, the person shall bear criminal responsibility for all or the main responsibility for the accident;

Criminal Law Article 133: [Crime of Causing Traffic Accidents] Whoever violates traffic and transportation management regulations, thereby causing a major accident, causing serious injury or death, or causing major losses to public or private property, is to be sentenced to up to three years imprisonment 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.

Article 2 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents: In any of the following circumstances, a traffic accident shall be sentenced to up to three years imprisonment 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.

Hello, the responsibility to be determined by the traffic police, if the main responsibility is above, according to the law will be investigated for criminal responsibility, civil compensation if it is an accident at work, first by the insurance company compensation, insufficient part by the unit, if the driver is grossly negligent, the unit can recover from the driver.

The driver did not violate the law and should not be held criminally responsible. Because after all, it is a passer-by who violates the law, and this depends on how the traffic police divide the responsibility. Civil compensation, both the business and the driver will be liable for compensation.

If it is private, it will be compensated more, and if it is called to the police, it will be paid less; If the company is going to find a legal representative, the company may compensate you and you will go to jail instead of the legal person; Peace be upon you.

Responsibility must be determined by the traffic police, and if it is not the main responsibility, there is no need to go to jail. If the driver's departure is an act of duty, the company shall be liable for compensation.

Article 133 of the Criminal Law stipulates that whoever 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 up to 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 stipulates that a traffic accident shall constitute a crime if it falls under any of the following circumstances:

1) One person is killed or three or more people are seriously injured, and the person bears full or main responsibility for the accident.

2) If there are more than 3 deaths, the person is equally responsible for the accident.

3) Causing direct losses to public property or other people's property, bearing full or primary responsibility for the accident, and being unable to compensate for more than 300,000 yuan.

In addition, if a traffic accident causes serious injury to one or more people, and bears full or primary responsibility for the accident, and has any of the following circumstances, it shall be convicted and punished as the crime of traffic accident:

1) Driving a motor vehicle after drinking alcohol 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 severe overload.

6) Fleeing the scene of an accident in order to evade legal prosecution.

Hit-and-run causing death is an illegal act, and being able to turn himself in in in a timely manner and actively compensate may be given a lighter or commuted punishment, and where the crime is relatively minor, punishment may be waived, and this specific decision should be made on the basis of the severity of the circumstances of the crime, and the specific circumstances of the surrender shall be considered on the basis of the severity of the crime. If the crime of causing a traffic accident is constituted, the sentence may be between three and seven years imprisonment, and if there are circumstances of voluntary surrender, the punishment will be lighter, and if it is an escape causing death, it may be sentenced to more than seven years in prison.

The Criminal Code provides for the crime of causing traffic accidents:

Whoever violates traffic and transportation management regulations, thereby causing a major accident that causes serious injury or death, or causes major losses to public or private property, is to be sentenced to up to three years imprisonment 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.

First of all, the crime of causing a traffic accident is a crime of endangering the public

Crimes of common security.

According to the provisions of the Criminal Law, a person who hits and runs and causes death shall be sentenced to imprisonment for not less than seven years

Where there is a voluntary surrender plot, the punishment may be mitigated or commuted.

However, hit-and-run causing death is a relatively serious circumstance, and in addition to voluntary surrender, it is also necessary to actively compensate and seek the forgiveness of the victim's family, and the court will further reduce the sentence in sentencing.

Legal basis: Article 133 of the Criminal Law: Whoever violates traffic and transportation management regulations and causes 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 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.

Imprisonment for more than seven years.

The standards and sentencing criteria are as follows:

1. Article 1 of the "Supreme People's Court Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents" provides that if a major traffic accident occurs in violation of traffic and transportation management regulations by a person engaged in transportation or a non-transportation person, on the basis of clarifying the responsibility for the accident, if 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 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.

2. Article 133 of the Criminal Law Whoever violates the laws and regulations on the administration 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 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.

Standards for filing cases and sentencing standards for traffic accidents.

Article 133 of the Criminal Law stipulates that whoever violates the regulations on the administration 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 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.

The Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents provides that a person who causes a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention in any of the following circumstances:

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.

The crime of causing a traffic accident refers to a criminal act that violates road traffic management regulations and causes a major traffic accident, causing serious injury or death to a person, or causing major losses to public or private property, and is investigated for criminal responsibility in accordance with law.

According to the theory of China's criminal law, the establishment of any kind of crime must have four constitutive elements, namely, the object of the crime, the objective aspect of the crime, the subject of the crime and the subjective aspect of the crime. That is, whether a traffic accident constitutes a traffic accident is determined by the only criterion for determining whether the crime constitutes the crime of the crime.

Difference from intentional homicide.

The difference between the crime of causing a traffic accident (escape causing death) and the crime of intentional homicide is that if the perpetrator takes the victim away from the scene of the accident after a traffic accident to avoid legal prosecution, hides or abandons it, causing the victim to die or become seriously disabled because he cannot be rescued, he shall be convicted and punished as the crime of intentional homicide or intentional injury respectively.

Key points of distinction: the crime of traffic accident (escape causing death) only has a passive act of not helping; and the crime of intentional homicide or wounding.

1) After having a positive behavior and "taking away" the victim from the scene of the accident.

Hide or. Abandon; (2) Causing the victim to be unable to receive assistance, because the victim is abandoned or hidden, leaving the victim in an isolated and helpless situation. It should be noted that in such cases, if direct intent cannot be proven, if in fact there is no result of "death or disability", it shall not be punished as the crime of intentional homicide or the crime of attempted intentional injury.