What is the responsibility of the driver who causes the disability of the person in the car

If the driver causes disability to the person in the car, what responsibility the driver bears should be analyzed according to the specific situation:

1. In terms of civil liability, the driver shall bear civil liability for compensation to the injured according to his responsibility in the traffic accident.

2. In terms of criminal liability, if the driver's behavior meets the circumstances stipulated in Article 2 of 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, it constitutes the crime of causing a traffic accident and shall bear criminal responsibility.

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

Article 1: Where a major traffic accident occurs in violation of traffic and transportation regulations by personnel engaged in transportation or non-transportation personnel, on the basis of clarifying responsibility for the accident, where a crime is constituted, it is to 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.

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 under the influence of alcohol or 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 without a license or has been scrapped;

5) Driving with serious overload;

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

The determination of responsibility lies in whether the driver is at fault, and this determination is made by the traffic police department to make the "Accident Liability Determination".

If the driver drives without the interference of a passenger and causes a traffic accident, the driver has a legal obligation to drive safely according to the law. It is precisely because he was at fault in this accident that the passenger victim was not at fault in the accident and is liable for fault according to the provisions of the Road Traffic Safety Law and the Tort Liability Law. As for the determination of responsibility, it is up to the judge to decide.

The driver is liable for compensation. According to the relevant provisions of the Contract Law, regardless of the relationship between the passenger and the driver and whether there is a monetary transaction, when the passenger takes the passenger, the two parties have established a passenger transport contract, in which the driver has the obligation to deliver the passenger to the destination safely and safely. When a passenger is damaged on the way, the driver is in breach of contract and needs to bear the liability for compensation.

At the same time, the Contract Law also stipulates that if a passenger ** incident occurs during transportation, it is necessary to compensate the passenger at this time. However, this does not apply if there is damage caused by the passenger's own physical reasons or the passenger's own actions. It is important to note that this also applies to passengers who travel free of charge, free of charge, and without a ticket.

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1. Is it criminal to cause disability by driving?

1. If you are disabled by driving, you must bear criminal responsibility. Because driving causes disability to a person, it constitutes the crime of causing a traffic accident, which is a criminal case and must bear criminal responsibility. If a person is injured or disabled by driving, the criminal suspect will be sentenced to up to three years imprisonment or short-term detention by the people's court.

2. 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.

2. What are the constitutive elements of the crime of causing a traffic accident?

1. The stuffy object of the crime of traffic accidents. Refers to the major transportation safety that is protected. Because only if a traffic accident is caused and has major consequences, the crime of traffic accident is constituted.

If it is only a traffic accident without causing major consequences, it does not constitute the crime of causing a traffic accident, and it is also not a social relationship to be protected, and cannot constitute the object of the crime of causing a traffic accident;

2. The objective aspect of the crime of causing a traffic accident is manifested in the perpetrator's violation of traffic and transportation management regulations, resulting in a major accident, causing serious injury or death, or causing major losses to public or private property;

3. The subject of the crime of causing a traffic accident is a general subject, that is, a natural person who has reached the age of 16 and has the capacity for criminal responsibility. In practice, it is mainly people who are engaged in transportation. Whether the crime of traffic accident is established in a case where a person under the age of 16 and a person who has reached the age of 14 causes an accident by driving a motor vehicle and causes a major accident;

4. The subjective aspect of the crime of traffic accident is negligence. It is both negligent and overconfident. The negligence emphasized in the crime of traffic accident refers to the actor's mental attitude towards the serious consequences of the accident, and as for the duty of care for violating the traffic and transportation management regulations, it may be either knowingly committed or negligent, which does not affect the establishment of the crime of traffic accident.

If the perpetrator subjectively has an intentional mental attitude towards the serious consequences caused by his act, then the act should be punished as the crime of intentional injury, intentional homicide and other related crimes, and does not constitute the crime of causing a traffic accident.

Summary. Hello dear :

1. If the accident is not caused by another party, but by the driver, the driver shall bear the compensation for the medical treatment and other losses caused by the occupants. For example, if the driver accidentally drives and hits a tree, a stone pier or something, the passenger is injured.

2. If there is a collision between two cars, then the responsibility will be divided, and a few percent of the responsibility will be compensated for a few percent of the cost. For example, if the other party's vehicle and your vehicle each pay 50% of the liability, and the vehicle loss and personal injury are shared with 100,000 yuan, then both parties will pay 50,000 yuan.

In a car accident and the person in the car is injured, what is the responsibility of the driver?

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Dear, hello: 1. If the accident is not caused by another party, but by the driver, then the driver of the banquet will bear the compensation for the drug treatment and other losses caused by the car. For example, if the driver accidentally drives and the san hit a tree, a stone pier or something, the passenger is injured.

2. If there is a collision between two cars, then the responsibility will be divided, and a few percent of the responsibility will be compensated for a few percent of the cost. For example, if the other party's vehicle and your vehicle each pay 50% of the liability, and the vehicle loss and personal injury are shared with 100,000 yuan, then both parties will pay 50,000 yuan.