How to determine the responsibility for injuries or death after a person voluntarily crashes into a

Updated on Car 2024-05-25
12 answers
  1. Anonymous users2024-02-11

    In China's traffic regulations, the bigger the car, the less status it has, and people are the biggest on the road. The first question, I don't know if you have ever watched a TV show that said that a woman committed suicide and jumped off a pedestrian bridge and happened to hit a car, and the lawyer said that although the car is not responsible, she can still go to court to claim compensation for the car. The second question is still the same, the biggest person, you will definitely have to pay a little if you hit it.

    The third question is not to mention, running a red light means that there is a cross line, and if you see the cross line and do not slow down, you are fully responsible.

  2. Anonymous users2024-02-10

    1.This kind of responsibility is also borne by the driver, because people come to hit you, and you have to take emergency measures against the driver. It's not that you can kill a pedestrian by walking around and be irresponsible. It's just a matter of losing more and losing less.

    3.Running a red light is just a violation of traffic rules, and hitting and killing people is a big deal, and it can't avoid a big mistake because of a small mistake, the driver still has to bear the main responsibility, he runs a red light and you hit him to death, of course he has to be responsible, because the driver can completely look at the situation to drive, not that you drive over as soon as the car lights are on. Someone is still on the way, just wait!

    Kilometers per hour is the same as the speed of a bicycle, and someone hits it and has time to brake. So you still have to be responsible.

    In short, if the driver hits someone, he has to lose money.

  3. Anonymous users2024-02-09

    The party at fault is responsible, the person crashed, the car did not violate the rules, 1, 3 must be responsible, it seems that the car does not have to pay anything, no fault, the second car is very slow or hit someone, the owner is also responsible.

  4. Anonymous users2024-02-08

    China is a humanitarian country, and you must be accompanied by a question of more and less accompaniment.

    It also depends on other people's family situations.

  5. Anonymous users2024-02-07

    Anything else can be discussed, it's all dead, you can't run!

    Don't run away Now the car is insured.

  6. Anonymous users2024-02-06

    1 It is a criminal case.

    2,3 are traffic accidents.

  7. Anonymous users2024-02-05

    Legal analysis: the responsibilities borne by the owner of the car collision are: the first is administrative responsibility, the administrative responsibility of traffic accidents refers to the parties to the accident or the units and personnel responsible for the prevention and handling of traffic accidents, because their traffic accident infringement or dereliction of duty, dereliction of duty violates administrative laws and regulations, constitutes road traffic safety violations, production safety violations or administrative violations, and should bear legal responsibility in accordance with the law.

    The second is civil liability, which is the liability for damages borne by one party to the other party in the traffic accident, which belongs to the tort liability in civil liability, that is, the violation of traffic accident laws and regulations by the parties violates the personal rights and property rights of others. The compensation for damages caused by traffic accidents mainly refers to the compensation for the economic losses caused by personnel and the civil liability for direct economic losses such as vehicle damage and livestock.

    Legal basis: Criminal Law of the People's Republic of China

    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.

    Article 133-1 In any of the following circumstances, a person who drives a motor vehicle on a road suspected of believing in a crime is to be sentenced to short-term detention and a concurrent fine: (1) chasing and racing, where the circumstances are heinous; (2) Driving a motor vehicle while intoxicated; (C) engaged in school bus business or passenger transport, seriously exceeding the rated occupant capacity, or seriously exceeding the speed limit; (4) Transporting hazardous chemicals in violation of the regulations on the safety management of hazardous chemicals, endangering public safety. Where the owner or manager of a motor vehicle bears direct responsibility for the conduct in items (3) or (4) of the preceding paragraph, punishment is to be given in accordance with the provisions of the preceding paragraph.

    Where conduct in the preceding two paragraphs simultaneously constitutes other crimes, follow the provisions for the heavier punishment at trial and sentencing.

    Article 133-2 Whoever uses violence against the driver of a moving public transport vehicle or preempts control of the driving control device, interfering with the normal operation of the public transport and endangering public safety, is to be sentenced to up to one year imprisonment, short-term detention or controlled release, and/or a fine. Where a driver in the preceding paragraph leaves his or her duty on a public transportation vehicle without authorization, beats or assaults others, endangering public safety, he shall be punished in accordance with the provisions of the preceding paragraph. Where conduct in the preceding two paragraphs simultaneously constitutes other crimes, follow the provisions for the heavier punishment at trial and sentencing.

  8. Anonymous users2024-02-04

    If the person is killed, the owner of the car needs to bear the corresponding liability for compensation.

    Legal analysisThe owner of the car is certainly not criminally liable, and the civil liability is confirmed according to the relationship with the driver. If a traffic accident occurs during the lending of the vehicle, it is the vehicle that caused the accident. The insurance company shall compensate within the limit.

    If the limit is exceeded, the user shall compensate. If the owner of the vehicle is at fault, the vehicle shall bear the corresponding responsibility. If a road traffic accident is caused by the fault of one party, it shall bear full responsibility; If a road traffic accident is caused by the fault of two or more people, they shall bear the primary responsibility - equal responsibility and secondary responsibility respectively according to the impact of their actions on the accident and the severity of the fault; None of the parties is negligent in causing the road traffic accident, and if it is a traffic accident, neither party shall be liable.

    If one party intentionally causes a road traffic accident, the other party shall not be liable. According to the interpretation of the relevant laws, the crime of causing a traffic accident can be convicted if one of the following circumstances is met: One person dies or three or more people are seriously injured, and the person bears full or primary responsibility for the accident.

    If there are more than 3 deaths, the same responsibility for the accident shall be borne by the same hand rock. 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 the amount of 300,000 yuan or more. The amount of more than 300,000 yuan here does not refer to the amount of property damage caused by the accident itself, but refers to the amount that the perpetrator is unable to compensate.

    A traffic accident that causes serious injury to one or more persons, bears full or primary responsibility for the accident, and has any of the following circumstances: driving a motor vehicle after drinking alcohol or taking drugs. Driving a motor vehicle without driving qualifications.

    Knowingly driving a motor vehicle with incomplete safety devices or malfunctioning safety components. Knowingly driving an unlicensed or scrapped motor vehicle. Driving with severe overload.

    Fleeing the scene of an accident in order to avoid legal prosecution.

    Legal basisArticle 1209 of the Civil Code of the People's Republic of China Where the owner, manager and user of a motor vehicle are not the same person due to leasing or borrowing, etc., and the damage caused by a traffic accident is the responsibility of one party of the motor vehicle, the user of the motor vehicle shall be liable for compensation; If the owner or manager of the motor vehicle is at fault for the occurrence of the damage, he shall bear the corresponding liability for compensation.

  9. Anonymous users2024-02-03

    Administrative liability, the administrative responsibility of traffic accidents refers to the parties involved in the accident or the units and personnel responsible for the prevention and handling of traffic accidents, because their traffic accident infringement or dereliction of duty or dereliction of duty violates administrative laws and regulations, constitutes road traffic safety violations, production safety violations or administrative violations, and should bear legal responsibilities in accordance with the law. Civil liability, civil liability for traffic accidents is the liability for damages borne by one party to the other party in a traffic accident, which belongs to the tort liability in civil liability, that is, the violation of traffic accident laws and regulations by the parties violates the personal rights and property rights of others. Compensation for damages in traffic accidents mainly refers to the compensation for economic losses caused by injuries and deaths and the assumption of civil liability for direct economic losses such as vehicle damage and livestock.

    What are the costs of compensation after hitting someone?

    1. The compensation items for personal injuries suffered by the victim include: medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.

    2. In addition to item 1, the compensation items for the victim's disability due to injury include: disability compensation, disability aids, living expenses for dependents, and necessary expenses actually incurred due to nursing care and continuation, nursing expenses, and follow-up knowledge expenses.

    3. The compensation items for the death of the victim include: in addition to the expenses in item 1, it also includes compensation for funeral expenses, living expenses of dependents, death compensation, and other reasonable expenses such as transportation expenses, accommodation expenses, and loss of work incurred by the victim's relatives in handling funeral matters.

    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 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.

  10. Anonymous users2024-02-02

    Legal Analysis: Whoever violates traffic and transportation management regulations, resulting in 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. According to the provisions of the Criminal Law and 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, if a traffic accident causes the death of one person, the perpetrator shall constitute the crime of traffic accident only if the perpetrator bears the main or full responsibility for the accident, or if the perpetrator bears the same responsibility for the accident if the perpetrator bears the main or all responsibility for the accident, or if the three or more people are equally responsible for the accident, the perpetrator shall constitute the crime of causing a traffic accident and shall be investigated for criminal responsibility; If the above circumstances are not met, although the death of a person is caused, it does not constitute a crime and does not bear criminal responsibility.

    Legal basis: Article 133 of the Criminal Law of the People's Republic of China 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 criminal detention for public or private property; Where a person escapes after causing a traffic accident or has other special 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.

  11. Anonymous users2024-02-01

    Legal Analysis: Whoever violates traffic and transportation management regulations, resulting in 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. According to the provisions of the Criminal Law and 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, if a traffic accident causes the death of one person, the perpetrator shall constitute the crime of traffic accident only if the perpetrator bears the main or full responsibility for the accident, or if three or more people die and bear equal responsibility for the accident, and shall be investigated for criminal responsibility; If the above circumstances are not met, although the death of a person is caused, it does not constitute a crime and does not bear criminal responsibility.

    Legal basis: Article 133 of the Criminal Law of the People's Republic of China Whoever violates the regulations on the administration of transportation and thus 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.

  12. Anonymous users2024-01-31

    Legal Analysis: Whoever violates traffic and transportation management regulations, resulting in 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, 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. According to the provisions of the Criminal Law and 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, where a traffic accident causes the death of one person, the perpetrator shall constitute the crime of traffic accident only if the perpetrator bears the main or full responsibility for the accident, or if three or more people die and bear equal responsibility for the accident, the perpetrator shall be investigated for criminal responsibility; If the above circumstances are not met, although the death of a person is caused, it does not constitute a crime and does not bear criminal responsibility.

    Legal basis: Article 133 of the Criminal Law of the People's Republic of China 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, 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.

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