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Hello, to the problem you described, the lawyer replied as follows:
First of all, the compensation for personal injuries caused by traffic accidents must first have an accident liability determination issued by the traffic police department, which is the beginning of all the basis for compensation.
Secondly, for personal injuries caused by traffic accidents, the main scope of compensation includes medical expenses, hospitalization expenses, nursing expenses, nutrition expenses, lost work expenses, one-time disability allowance, mental damages, etc. The foundation is based on the identification of the disability level. Disability level assessment is carried out by a specialized appraisal agency.
Third, after the disability level is confirmed, the compensation liability is determined based on the average salary of the local employee in the previous year, as well as the age and household registration of the victim.
Fourth, if a personal accident is caused by a traffic accident, a lawyer can be hired, and the lawyer's fees will also be borne by the losing party in the future. Blessing!
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You should find a teacher in time!
If someone is injured, call 120
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Legal subjectivity: 1. What are the reasons for traffic accidents on campus (1) Ideological paralysis and weak safety awareness. Many college students have just left their parents and families, lack of social life experience, and their awareness of traffic safety is relatively weak, and some students still have such a concept in their minds, thinking that the campus is our territory, and everyone should humble us students, and there is a misconception that cycling and walking on campus is definitely safer than outside the school.
2) Lack of traffic safety warnings or speed limit signs on campus. There are generally no vehicle and pedestrian lanes on the campus roads, and the traffic order is disorderly. Some beginner motor vehicle drivers secretly use the university campus as a training ground to practice driving skills on campus, which is very likely to cause traffic accidents.
3) A small number of students ride bicycles on campus only for themselves, regardless of others, riding speeding bikes, turning their heads violently, etc., which are the main causes of traffic accidents. (4) Insufficient traffic safety education. Thematic traffic safety education activities are not carried out extensively and deeply or persistently, and generally only pay attention to the cultivation of students' academic performance and morality, and do not really improve students' traffic safety education to the height it should have.
2. How to deal with traffic accidents on campus According to Article 119 of the Road Traffic Safety Law, "roads" refer to highways, urban roads and places where social motor vehicles are allowed to pass although they are within the jurisdiction of the unit, including squares, public parking lots and other places used for public traffic. According to Article 77 of the "Daoli Qing Road Traffic Safety Law", if the accident occurs when the vehicle is passing outside the road, the traffic management department of the public security organ receives a report, and it shall be handled with reference to the relevant provisions of this law. 3. How to compensate for the traffic accident on campus, such as Hutong accident, must be an accident that occurred on a road with certain traffic significance.
"Road" refers to highways, urban roads and places that are within the jurisdiction of the unit but allow social motor vehicles to pass, including squares in front of the limbs, public parking lots and other places used for public passage. The main roads of the campus, the roads in the community, and the roads in the factory are of the same nature. Generally speaking, the roads on the campus are generally mainly used by people on campus, not open to the public, and although some also allow social personnel and social vehicles to pass, they are generally not public and do not belong to the roads mentioned in the road traffic regulations.
If a traffic accident occurs on the main road of the campus, it is an off-road traffic accident, which can be handled by the public security organ with reference to the Road Traffic Law, or it can directly file a civil lawsuit with the court and handle it in accordance with the general principle of compensation for personal tort. That's all there is to know what causes traffic accidents on campus. From the above, we can know that a road traffic accident must be an accident that occurs on a road with a certain traffic significance.
"Road" refers to highways, urban roads and places that allow social motor vehicles to pass although they are within the jurisdiction of the unit, including squares, public parking lots and other places used for public traffic.
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In the event of a traffic accident, the parties concerned must protect the injured and property at the scene, and quickly report to the public security organ or the traffic police on duty. If a citizen suffers personal injury in a traffic accident and the responsibility lies with the perpetrator, the citizen may claim compensation: medical expenses, lost work expenses, hospital meal allowance, nursing expenses, living allowance for the disabled, accommodation expenses and direct property losses.
The specific criteria for compensation are as follows:
1) Medical expenses: calculated according to the necessary expenses of the hospital for the traffic accident trauma of the parties, and paid by care. If it is truly necessary to continue after the conclusion of the case, it shall be paid in accordance with the necessary expenses.
2) Lost work expenses: If the party has a fixed income, it shall be calculated according to the fixed income reduced by the person due to lost work, and if the income is more than three times higher than the average living expenses of the place where the traffic accident occurred, it shall be calculated according to three times; If there is no fixed income, it shall be calculated according to the average income of the same state-owned industry in the place where the traffic accident occurred.
3) Hospital meal subsidy: calculated according to the business trip meal subsidy standard for the staff of the state organ where the traffic accident occurred.
4) Nursing expenses: During the hospitalization of the injured, if the nursing staff has income, it shall be calculated in accordance with the provisions of the lost work allowance; If there is no income, it shall be calculated according to the average cost of living in the place where the traffic accident occurred.
5) Living allowance for the disabled: calculated according to the level of disability and the average living expenses in the place where the traffic accident occurred. 20 years from the month of disability.
However, if the age is over 50 years old, the age shall be reduced by one year for each additional year, and the minimum shall not be less than 10 years; Those over 70 years old will be counted as five years.
6) Expenses for disability appliances: If it is necessary to prepare compensatory appliances due to disability, it shall be calculated according to the cost of universal appliances with the certificate of the hospital.
7) Funeral expenses: paid according to the funeral expenses standard of the place where the traffic accident occurred.
8) Death compensation: calculated according to the average living cost of the place where the traffic accident occurred, compensation for 10 years. For those under the age of 16, the age is reduced by 1 year for each year younger; For those over 70 years old, the age shall be reduced by one year for each additional year, and the minimum shall not be less than 5 years.
9) Living expenses of dependents: limited to the deceased or the disabled before the loss of the ability to work, and have no other livelihood, calculated according to the living hardship subsidy standard for residents in the place where the traffic accident occurred, and the person under the age of 16 will be raised until the age of 16. For persons who are unable to work for 20 years, but over the age of 50, the age of the person shall be reduced by 1 year for each additional year, and the minimum shall not be less than 10 years; Those over 70 years old will be counted as five years.
Support for other dependents for five years.
10) Transportation expenses: calculated according to the actual necessary expenses of the parties, paid by vouchers.
11) Accommodation expenses: calculated according to the accommodation standards of general staff of state organs in the place where the traffic accident occurred, and paid by vouchers. In addition, if the injured or disabled person in a traffic accident needs to be hospitalized, transferred to a hospital, or for nursing care, he or she shall have a certificate from the hospital and obtain the consent of the public security organ.
Those who are hospitalized, transferred, used nursing staff, purchased medicines, or refuse to leave the hospital beyond the discharge date notified by the hospital shall bear the expenses of the injured and disabled. Vehicles, articles, facilities, etc. damaged by traffic accidents shall be repaired, and if they cannot be repaired, compensation shall be made at a discount. If the livestock loses its use value or dies due to injury, compensation shall be made at a discounted price.
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