Traffic accidents to two deaths, please ask for specific measures 30

The amount of compensation varies greatly depending on the situation of each place and myself, I don't know if you are **, the accident happened in **, I can't estimate the amount for you, I can only tell you the general principle.

For major accidents and professional issues, it is best to consult or entrust a local professional lawyer**.

Where a traffic accident causes the death of the victim, in addition to compensation for the relevant expenses during the rescue period, compensation shall also be made for funeral expenses, living expenses of dependents (if there are dependents raised by the deceased during his lifetime), compensation for death, expenses for mental damages, and other reasonable expenses such as transportation expenses, accommodation expenses, and loss of work incurred by the victim's relatives in handling funeral matters.

2. The living expenses of the dependents shall be calculated according to the degree of the dependent's inability to work, and in accordance with the standards of the per capita consumption expenditure of urban residents and the per capita annual living expenditure of rural residents in the previous year at the location of the court where the lawsuit is filed. if the dependant is a minor, it is calculated to be 18 years old; If the dependant is unable to work and has no other livelihood**, 20 years shall be counted. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.

Dependents refer to minors who are legally obliged to support the victim or adult close relatives who have lost the ability to work and have no other livelihoods. Where the dependents have other dependents, the compensation obligor shall only compensate the victim for the portion that should be borne in accordance with law. Where there are several dependents, the total amount of annual compensation shall not exceed the per capita consumption expenditure of urban residents or the per capita annual living expenditure of rural residents in the previous year.

3. The death compensation shall be calculated on the basis of the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed, and shall be calculated over a period of 20 years. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.

The specific amount is calculated based on the deceased's household registration (note that although the deceased has a rural household registration, but has lived and lived in the city for a long time, the relevant expenses can also be calculated according to the resident standard), local statistics, the number of dependents, age, local living standards, etc.

The death report states that if the death is suffocated to the point of heart rupture, the passenger should not be held responsible.

The words of compensation are complicated, and it is not clear here for a moment.

If you commit a traffic accident, you will be sentenced to 3-7 years in prison.

If the driver is incapable, he can go to the court to apply for property preservation, and after the judgment is handed down, he will directly enforce it if he does not pay. If you don't have property, you can only say that now society is afraid that you don't have money.

Legal analysis: After the traffic service accident, the traffic police brigade next to the meeting issued a letter of responsibility to see if he was fully responsible. The two fatalities are a major accident:

Causing the death of one to two people at a time, or seriously injuring three to ten people, or property damage of between 3,000 and 60,000 yuan. and where they bear full or primary responsibility for the accident, they shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention.

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 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 Anyone who drives a motor vehicle on a road in any of the following circumstances 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 or grabs control of a driving control device against a driver of a moving public transport, 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 the drivers provided for in the preceding paragraph leave their posts without authorization, beat up or assault others on the public transportation they are driving, endangering public safety, they are to 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.

In this case, it is necessary to distinguish the responsibility of the driver who caused the accident. If the driver who caused the accident bears all or the main responsibility for the accident, it constitutes the crime of causing a traffic accident and needs to bear criminal responsibility, and the driver who caused the accident should actively bear the liability for compensation and obtain the understanding of the parties concerned. According to the relevant laws and regulations, the compensation costs in this case involve the relevant expenses in addition to the relevant expenses that should be compensated according to the rescue situation, and the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, accommodation expenses and lost work expenses incurred by the victim's relatives for funeral matters.

Of course, the general motor vehicle party is insured with compulsory traffic insurance and commercial third-party liability insurance. The insurance company will compensate the above part within the limit of insurance liability, and the driver will bear the affected expenses according to the liability for the shortfall. Article 17 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" provides that if a victim suffers a personal injury, the compensation obligor shall compensate for all expenses incurred due to medical treatment** and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, 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. Article 133 of the Criminal Law 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 or escape after causing a traffic accident, or where there are other particularly heinous circumstances, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and where the escape causes death, he shall be sentenced to fixed-term imprisonment of not less than seven years.

A traffic accident that results in the death of two people, and the perpetrator bears primary or full responsibility, constitutes a crime. 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.

[Legal basis].Article 133 of the Criminal Law.

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.