-
In the handling of traffic accidents, the rescue generally can not exceed how long, this is generally the faster the better, this is in the shortest possible time to complete the rescue. Ahh
-
There are no regulations, as long as there is a need for rescue, it will always be rescued, and I am really helping you look forward to it
-
The procedures for release on guarantee pending further investigation are as follows: 1. Initiate an application for release on bail pending further investigation. Detained criminal suspects or defendants, or their designated legally-designated persons and lawyers, enjoy the right to apply for release on guarantee pending further investigation.
2. The decision to release on bail pending further investigation. 3. Enforce release on bail pending further investigation. 4. The maximum period of release on guarantee pending further investigation shall not exceed 12 months.
-
The law does not mandate a maximum of how long a traffic accident cannot be handled. According to Article 62 of the Provisions on Procedures for Handling Road Traffic Accidents, the traffic management department of the public security organ shall make a road traffic accident identification document within 10 days from the date of on-site investigation. In the case of a traffic accident escape, a road traffic accident identification certificate shall be prepared within 10 days after the vehicle and driver of the traffic accident are seized.
Where inspection and appraisal are required, a road traffic accident identification document shall be drafted within five days from the date on which the inspection report and appraisal opinions are determined. Where conditions permit, the traffic management department of a local public security organ may attempt to publish road traffic accident certificates on the Internet, but shall keep confidential the state secrets, commercial secrets, or personal privacy involved.
Article 62 of the Provisions on Procedures for Handling Road Traffic Accidents.
-
There is no time limit for resuscitation unless there are no more vital signs.
-
The law does not mandate a maximum of how long a traffic accident cannot be handled.
-
There is no provision that as long as there is a need to rescue, rescue will always be carried out.
-
A death within seven days of a traffic accident is not considered a traffic accident death.
According to Article 8 of the Ministry of Public Security's "Interim Provisions on Traffic Accident Statistics", if a person injured in a traffic accident dies seven days after the accident, it is not included in the scope of the statistics on the number of fatalities. If the injured person of a traffic accident dies after 7 days, although it is not counted as a major traffic accident for statistical purposes, the legal responsibility of the person responsible for the accident is not limited by the time of death.
Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases
Article 17 stipulates that in the event of the death of the victim, the compensation obligor shall, in addition to compensating the relevant expenses specified in the first paragraph of this article according to the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the death expenses, and other reasonable expenses incurred by the victim's relatives in handling funeral matters, and other reasonable expenses such as lost work.
The scope of compensation for the death of the victim caused by a traffic accident includes compensation for the relevant expenses provided for in the first paragraph of this article according to the rescue situation, and 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.
1. What are the procedures for prosecuting traffic accidents?
The procedure for prosecuting a traffic accident is:
1) Submit the complaint to the case filing division of the court with jurisdiction.
2) Case filing and review. If the requirements for filing a case are met, notify the parties to pay the litigation fee within 7 days, and after paying the fee, the case is filed, and if the conditions for case filing are not met, the case will be ruled not to be accepted, the lawsuit will be dismissed, and an appeal shall be submitted to the higher people's court within 10 days.
c) ** Trial. Announce **, check the identity of the parties, announce the members of the collegial panel, inform the parties of their rights and obligations, and ask whether to apply for recusal.
4) Mediation. Under the auspices of the court, the parties agree to settle the dispute, reach a mediation agreement, and prepare a mediation document.
2. How much does it cost to sue for a traffic accident?
The costs of prosecuting a traffic accident are:
1) Property cases: 1,000 to 50,000 yuan at the rate of 4, plus 10 yuan; Charge rate of more than 50,000 to 100,000 yuan3, plus 510 yuan; Charge rate of more than 100,000 to 200,000 yuan2, plus 1,510 yuan; The charging rate of more than 200,000 to 500,000 yuan is 1 5, plus 2,510 yuan.
2) Application for property preservation: 1,000 yuan to 100,000 yuan at the rate of 1, plus 20 yuan; The charging rate of more than 100,000 yuan is 0 5, plus 520 yuan.
3) Application for enforcement cases: 10,000 yuan to 500,000 yuan fee rate 0 5; The charging rate of more than 500,000 yuan is 0 1, plus 2,000 yuan. Enforcement fees are not charged in advance when filing an enforcement case.
According to Paragraph 4 of Article 10 of the Compulsory Insurance Clause for Motor Vehicle Traffic Accident Liability, arbitration or litigation costs and other related expenses arising from traffic accidents are exempted from liability under compulsory traffic insurance, and the insurance company is not responsible for compensation and advance payment.
-
Legal Analysis: According to Article 8 of the Ministry of Public Security's "Interim Provisions on Traffic Accident Statistics", if a person injured in a traffic accident dies 7 days after the accident, it will not be included in the scope of the death statistics. If the injured person in a traffic accident dies after 7 days, although it is not statistically counted as a major traffic accident, the legal responsibility of the person responsible for the accident is not subject to the limitation of the time of death.
Legal basis: Interim Provisions on Traffic Accident Statistics Article 8 Where a person injured in a traffic accident dies 7 days after the accident occurs, it shall not be included in the scope of the statistics on the number of fatalities.
The death of a person injured in a traffic accident due to a medical accident in the course of rescue**; As well as after a traffic accident occurs in a vehicle carrying flammable, explosive, highly toxic, radioactive and other hazardous chemicals, if the person is caused by combustion, leakage of hazardous chemicals, it is not included in the scope of traffic accident statistics.
The general process is on-site treatment, accident responsibility identification, punishment, and organization of mediation: 1. On-site treatment 1. Maintain good road traffic order and organize the rescue of injured people; 2. Find the parties and witnesses of road traffic accidents, and control the suspects; 3. Investigate the scene of the accident, fix, extract or preserve the evidence at the scene; 4. If necessary, the vehicle involved in the accident and the relevant documents of the parties may be detained; 5. Make an appointment with the parties to deal with the accident. 2. The determination of responsibility for the accident shall be made within 10 days from the date of on-site investigation, and if the parties are not satisfied with the determination, they may apply to the traffic police department at a higher level for review within 3 days. >>>More
1. Fines are administrative penalties, and you will not be fined if you do not violate the rules. >>>More
Traffic accidents often involve the issue of compensation, if both parties are willing to negotiate at this time, then the traffic police department can apply for mediation for damages, according to the relevant provisions of the traffic law, traffic accident damage compensation rights and obligors unanimously request the traffic police department to mediate damages, can be received within 10 days from the date of receipt of the traffic accident to the traffic police department to submit a written application for mediation. It should be noted that the mediation compensation by the traffic police department is not a necessary procedure for the dispute resolution of both parties to the traffic accident, this is only the work within the scope of duties, whether to agree to mediation is decided by the parties themselves, so that it is not only easy for the parties to accept, but also relatively smooth when performing the mediation agreement, if one of the parties does not perform, the other party can file a lawsuit with the court. Of course, in the case of a dispute over compensation for traffic accident damages, the parties can request the traffic police department to mediate, or they can directly file a civil lawsuit with the court. >>>More
With the improvement of living standards, there are more and more vehicles on the road, and many netizens have questions about the time limit for the traffic police to deal with traffic accidents. If there is a need to conduct an inspection or appraisal, a traffic accident identification document shall be drafted within 5 days from the date on which the results of the inspection or appraisal are determined. >>>More
The general process is on-site treatment, accident responsibility identification, punishment, and organization of mediation: 1. On-site treatment 1. Maintain good road traffic order and organize the rescue of injured people; 2. Find the parties and witnesses of road traffic accidents, and control the suspects; 3. Investigate the scene of the accident, fix, extract or preserve the evidence at the scene; 4. If necessary, the vehicle involved in the accident and the relevant documents of the parties may be detained; 5. Make an appointment with the parties to deal with the accident. 2. The determination of responsibility for the accident shall be made within 10 days from the date of on-site investigation, and if the parties are not satisfied with the determination, they may apply to the traffic police department at a higher level for review within 3 days. >>>More