A dispute caused by a simple traffic accident, ask for help from the majority of netizens! Kneel and

You only have the responsibility to treat the little girl, provided that you don't know that the other person has a sudden illness.

According to the principles of criminal law, criminal responsibility must meet the unity of subjectivity and objectivity (i.e., both subjective guilt and objective harmful results). So it depends on the subjective state of the parties.

1. If the parties do not intentionally injure or intentionally kill in the course of the quarrel, but simply quarrel, although there is a result of the other party's injury and death, it generally does not constitute a crime.

2. However, if the intention of the person concerned is to deliberately and maliciously injure people and kill people. In order not to bear legal responsibility, it is fortunate that the purpose of injuring and killing people can be achieved through the victim's own reasons, or knowing that the victim has a heart attack or other disease, or that the body is weak and easily angry and causes illness and death, and also satirizes and insults. You have to bear legal responsibility, and if it is serious, it can be intentional homicide.

Therefore, it is not that people are angry and do not pay for their lives.

This case is not so serious, in the course of the quarrel, the other party gets angry and causes injury and death, which may not be what the parties expect, and in many cases the quarrel does not have the intention of hurting and killing. So, there is a lack of guilt in the subjective aspect. Criminal law cannot objectively imputate guilt, so it cannot be said that as long as the other party has the result of injury and death, the party must be criminally responsible.

It has nothing to do with you. Her grandmother was caused by illness, not by you. The fault is not all yours, and the child's guardian is also responsible for not taking good care of the child.

Your accident is not directly related to the old man. But do you have valid evidence that you have not had an argument with the injured person on the other side?

Because you are not a party to the accident, there should not be too much responsibility, if you want to know whether you are responsible, you first have to see how the traffic police decide, but the accident party is fine, it should not be anything. It's up to the other party to sue you for this. It depends on the specific judgment of the court.

Pro, how to deal with traffic accident disputes1. As the driver who caused the accident, he should report to the insurance company in time after the traffic accident, so as not to be used by the insurance company as a reason for not making a claim because the report is not timely. 2. Whether it is the driver or the victim, all kinds of invoices should be properly kept, such as invoices for first aid expenses, medical expenses, nursing expenses, food subsidies, nutrition invoices, accommodation expenses incurred by relatives in handling traffic accidents, transportation invoices, transportation invoices and appraisal fee invoices, etc., as the basis for mediation or litigation. 3. After the traffic accident occurs, the party concerned shall request the traffic police department to issue a traffic accident identification letter in a timely manner; If the parties have any objections to the traffic accident identification, they shall promptly submit a written application for review to the traffic management department of the public security organ at the next higher level.

4. For the car owner who participates in the third-party liability insurance, whether it is to the traffic police department or the court to litigate, the insurance company should be notified of the compensation claimed by the victim in a timely manner, and the victim's various losses cannot be directly paid. Without the participation and recognition of the insurance company, the car owner is very likely to pay the victim's various losses first, and then settle the claim to the insurance company, or even go to court, which is time-consuming and laborious. 5. After the victim is discharged from the hospital, the diagnosis certificate, CD, X-ray, and statement of the hospitalization should be kept in a timely manner, and the medical records (stamped with the hospital seal) should be made in a timely manner.

Facilitate the victim to preserve evidence in a timely manner and prepare for mediation, disability evaluation, and litigation; In addition, it prevents the hospital from tampering with medical records due to possible medical accidents. 6. If the victim needs to be transferred to the hospital**, he must have a transfer certificate issued by the original Huaxiao Hospital, otherwise, he shall not be transferred to the hospital without authorization; If medication is needed, the victim is not allowed to buy medicine from other hospitals or pharmacies without authorization, unless the original hospital agrees, otherwise the judge will not be able to support the judge in court, and the victim will have to pay out of his own pocket. 7. When the victim goes through the discharge procedures, he should carefully read the discharge diagnosis certificate issued by the attending doctor.

If the victim is of the type of "elderly, young, sick, disabled, and pregnant", according to his or her own condition and needs, the doctor is required to indicate on the diagnosis certificate that "nutrition should be strengthened and special care is required", thus laying a factual basis for claiming nutrition and nursing expenses after discharge in subsequent mediation and litigation. 8. If the victim is seriously injured, he or she shall, after the end of the first day, promptly entrust a forensic appraisal center registered by the national judicial department to conduct a disability evaluation; If the victim needs long-term care dependence, a nursing dependency evaluation should be made; If the victim's disability may be related to his or her primary disease, a forensic medical examiner should be consulted to determine causality as much as possible. 9. When the victim sues, the driver, the car owner and the insurance company are listed as defendants at the same time, which can avoid the phenomenon of mutual blame due to the separate prosecution of one of the parties, and moreover, the payment of compensation will be guaranteed if there are many defendants.

First, the issue of compensation is not only the so-called household registration problem, but also whether there are corresponding practical problems such as medical treatment, lost work, nursing, etc., because it is impossible to give you a detailed and clear answer through consultation, and it is recommended that you deal with it, and the problem of the complaint will be solved.

Clause. 2. With regard to the maintenance of family members, this has nothing to do with the household registration of the deceased person, but only related to the household registration of the person who needs to be supported or supported.

Legal provisions: Judicial Interpretation of Personal Injury.

Article 28: The living expenses of dependents are calculated on the basis of the degree of the dependent's inability to work, and in accordance with the standards for 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.

Third, with regard to the issue of the standard payment of the death compensation for the deceased, the Supreme People's Court has a judicial interpretation that provides the following:

Supreme People's Court (2005) Min Ta Zi No. 25.

On April 3, 2006, the Yunnan Provincial High People's Court:

Your court has received the "Instructions on the Legal Understanding and Application Issues Involved in the Case of Passenger Transportation Contract Dispute between Luo Jinhui and Five Others and Yunnan Zhaotong Transportation Group Company". After study, the reply is as follows: In personal injury compensation cases, the calculation of disability compensation, death compensation, and living expenses of dependents shall be based on the actual circumstances of the case, combined with factors such as the victim's domicile and habitual residence, to determine the standards for the application of the per capita disposable income of urban residents (per capita consumption expenditure) or per capita net income of rural residents (per capita annual living consumption expenditure).

In this case, although the victim Tang Shunliang has a rural household registration, he is doing business and living in the city, and his habitual residence and main income are both in the city, and the relevant damages should be calculated according to the relevant standards of local urban residents.

You are responsible for this accident. In other words, in addition to the compulsory insurance claim, you will bear 30% of the remaining part. Now that you have taken on the same responsibility, you take 50% of the rest.

Now the private agreement is invalid, and it is said according to the letter of responsibility. So pay attention to this legal issue in the future.

Litigation costs are paid in accordance with the final decision of the court. It is estimated to be shared between the parties.

Compulsory traffic insurance regardless of liability compensation. So you don't have to worry about the insurance company denying the claim. But commercial insurance is different.

In the insurance claim, non-medical insurance drugs and devices are not compensated, so there is no such thing as "making the insurance company pay more".

In the case of a traffic accident, the liability determination shall be determined by the liability determination for the compensation of damages.

I think it's possible, but it's better to notarize your recordings first, otherwise it will be difficult to prove whether you have any traces of deletion.

In the event of a traffic accident, the parties should keep the scene and call the police, call 120 (send to the hospital**) to treat the injured in a timely manner, and drive a motor vehicle on the road to have the principle of giving way, slowing down and stopping first.

Does this negotiated compensation of 6,000 include the loss of the motorcycle? Did you go on your own or with your friends?

The car side should be fully responsible, and your loss and your friend's motorcycle damage should be borne by the car party. If 6,000 includes all, even if it is dealt with, it includes the loss of the motorcycle, and you need to negotiate with your friend about the specific loss.

The 6,000 does not include the loss of the motorcycle, and you can also ask for compensation from the sedan side separately.

You should pay for it.

Because the money the other party pays you includes the money to repair the motorcycle.

You borrowed your friend's dad's car, and if you don't pay for the rent, you don't even pay for the repair costs, which is a bit too much, and you can't be too selfish...

Don't pay attention to him, he escapes from the traffic accident and he is fully responsible, after you negotiate, he will pay you money, and after signing your accident relationship will be dissolved, he dares to ask you for money and intimidate you, then save the ** recording, keep the chat record well, call the police ** or go directly to the police station to report the case.

How did they find you when they escaped? Do you know the driver of the car?? It's a strange process to be able to talk for two months. If you crash the motorcycle, you should repair it, repair it and return it to the owner, and as for the amount, you can negotiate it yourself.

Normally, the car driver should pay you for the repair fee and medical expenses, and you should complete the process of repairing the car and **. Then the whole event ends.

Traffic accident disputes involve a lot of knowledge.

A: This traffic accident dispute is complicated and can be sued in court.

I wish you success in your studies.

Step by step.

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!

A bears full responsibility, because A is a motorcycle driver, and should be fully aware of the performance and dangers of motorcycles, as well as the risks of riding minors, and should be aware of the obligation to remind elementary school students. Party B and Party C shall not be liable.

Both A and B are responsible. Party A is primarily responsible.

Both parties are responsible. Party A is primarily responsible, and Party B is secondarily responsible.

1. The responsibility for the accident should first look at the accident identification letter of the traffic police department, and if there is any objection to the identification, you can apply for review within three days from the date of receipt of the identification.

2. The hospitalization expenses of the elderly shall first be compensated by the insurance company of Xiali Compulsory Insurance within the limit, and the excess part shall be compensated by the parties at fault in proportion to the accident liability.

1. Under the premise that the above can be proved, bear the responsibility of no fault, that is, the corresponding civil liability. However, in this case, the victim is a person who lacks full capacity and is a 2-year-old child, and his guardian should bear the corresponding guardianship responsibility. Therefore, the two parties in this case bear the responsibility in equal parts.

Otherwise, the main responsibility for the accident is borne. It is recommended to do accident appraisal after handing over **.

2. For the victim, there are medical, nutritional, nursing and transportation expenses required during the period after the victim. In the absence of hospitalization, it does not mean that the injury does not exist.

3. Reasonable transportation expenses can be calculated according to the ** situation, and handled as appropriate.

I think it should be the primary and secondary responsibility, that is, the opening. You are primarily responsible. The child's parents are secondarily responsible.

Since your child is a vulnerable group, you are driving a semi-motorized car. If the road conditions are uncertain, you should only proceed when you can pass safely before confirming. Otherwise, it must be slow.

Of course, the child's parents are not in good supervision and should also bear some responsibility.

Personally, I think so.

1. If the other party has witness testimony to prove that the responsibility for the accident lies with you, and you cannot produce strong evidence, you are fully responsible.

2. It is wrong not to be recognized as not hospitalized.

3. If the invoice cannot be issued, it will not be awarded.

In fact, I think it's better to keep this matter private, it's more troublesome to regulate the public and manage it, and it's okay to talk about the child, say two good words and lose some money, after all, you hit someone's child.

It's not a big deal, let the other party sue and the court will decide, the problem is not serious, it shouldn't cost 5,000 yuan.

The whole case analysis, a lot of thought, and there is not a single point, you are really stingy.