What kind of legal liability should be borne for the inability to compensate for the death caused by

Updated on society 2024-06-04
6 answers
  1. Anonymous users2024-02-11

    The type of permitted driving does not match, and it is unlicensed driving in nature. In accordance with regulations, 12 points will be deducted for detaining a motor vehicle, a fine of not less than 200 yuan but not more than 2,000 yuan, and a sentence of 15 days of administrative detention. Causing death is punishable by the revocation of a driver's license and a penalty of up to three years in prison or criminal detention.

    If the person dies, the traffic police department has no right to make a ruling on the issue of economic compensation in the accident, but will determine the responsibility for the traffic accident.

    Legal analysisAccording to the relevanceLaws and RegulationsIt is stipulated that the type of permitted driving is actually unlicensed driving, and the punishment for driving without a license is different depending on the situation. In reality, the punishment for driving without a license is not the same as the punishment for driving without a license in a car accident, the former can be said to be a simple traffic administrative punishment, but the latter may be suspected of constituting a traffic accident, and the party responsible for the accident should bear full responsibility. Liability for other damages beyond the scope of insurance coverage.

    The discrepancy between the driver's license and the type of permitted driving will be recognized as one of the faults of the traffic accident, and will be used as one of the considerations for the traffic police to determine the responsibility for the accident, and after determining the losses caused by the traffic accident, the parties or ** people will be compensated for the mediation. If mediation fails, the parties may file a lawsuit for economic compensation in the people's court. Driving without a licence and killing a person will not only result in detention, but will be convicted of a traffic accident and sentenced to imprisonment of not less than three years but not more than seven years, or more than seven years in prison if suspected of escape.

    Legal basisRoad Traffic Safety Law of the People's Republic of China Article 99 Anyone 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 driving a motor vehicle 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 temporarily detained; (3) Fleeing after causing a traffic accident does not constitute a crime; (4) The motor vehicle is driving more than 50 percent 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.

  2. Anonymous users2024-02-10

    Hello, about this issue. The driving type does not match. It is driving without a license in nature.

    In accordance with the regulations, the motor vehicle shall be detained, 12 points will be deducted, and a fine of more than 200 yuan will be imposed and not more than 2,000 yuan. He was sentenced to 15 days of administrative detention. If the death of the person concerned is caused, the traffic police department has no right to make a ruling on the issue of economic compensation in the accident.

    However, responsibility for traffic accidents will be determined. After determining the losses caused by the traffic accident, the adjustment of compensation for the parties or the first person. If the mediation fails, the parties may file a lawsuit for economic compensation with the people's court.

    My driver's license will be revoked and I will be sentenced to up to three years in prison or criminal detention if I die. Hope it helps.

  3. Anonymous users2024-02-09

    Driving without a license causing death is suspected of causing a traffic accident, and is generally sentenced to up to 3 years in prison or criminal detention, and the actual sentence depends on the specific circumstances.

    Article 133 of the Criminal Law [Traffic Accident Crime] Whoever violates traffic and transportation management laws and regulations, thereby causing a major accident and 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.

  4. Anonymous users2024-02-08

    Are you an employee? If an employee causes damage to another person in the course of employment activities, the employer shall be liable for compensation; If an employee causes damage to others due to his or her intention or gross negligence, he shall be jointly and severally liable with the employer for compensation.

    If you are primarily or wholly responsible for the accident, then you should be considered to have gross negligence, and if you are only equally or less, then you are only generally negligent and not jointly and severally liable.

    The so-called joint and several liability means that the other party can recover from any of you, and you have the obligation to compensate in full, and after one party compensates in full, you can recover from the other party with joint and several liability.

  5. Anonymous users2024-02-07

    If it is an indemnity agreement between you and the other party, you should compensate, but if the vehicle is insured, the insurance company should bear the liability within the scope of the insurance!

  6. Anonymous users2024-02-06

    If a compensation agreement is reached for the death of a person caused by a traffic accident, the owner of the vehicle is unable to compensate, and the driver who caused the accident will be subject to criminal punishment of up to three years in prison or criminal detention.

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