Is the second degree of minor injuries in a traffic accident serious, and how will the second degree

Not life-threatening.

Minor injury level 2 refers to a primary injury caused by various injurious factors or complications caused by a primary injury, which is not life-threatening. Minor injuries in traffic accidents in the second degree do not constitute a criminal offense, but they are subject to civil liability. Traffic accident compensation generally includes medical expenses, lost work expenses, nursing expenses, etc.

Legal Analysis: It does not constitute a criminal offense, but it is subject to civil liability.

Traffic accident compensation generally includes the following:

If the victim is injured but not disabled, medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal allowances, necessary nutrition expenses, etc.

If the victim is disabled due to injury, medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, disability compensation, disability assistive device expenses, living expenses of the dependent and bored, compensation for mental damages, and necessary expenses, nursing expenses, follow-up expenses, etc., actually incurred as a result of **nursing and continuation**.

Legal basis: Article 1179 of the Civil Code of the People's Republic of China Where a person infringes upon another person and causes personal injury to Zhaojian, he shall compensate for reasonable expenses such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, and hospital meal subsidies, as well as the loss of income due to lost work.

where disability is caused, compensation shall also be made for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be compensated.

Criminal Law of the People's Republic of China Article 133 Whoever violates traffic and transportation management regulations, thereby causing 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.

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 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 after drinking or taking 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 that is unlicensed or has been scrapped;

5) Driving with serious overload;

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

Minor injuries in traffic accidents are second-degree, and the crime of traffic accident is suspected of causing a traffic accident, which needs to be determined according to the circumstances. They are:

1. Minor injuries in traffic accidents of the second degree, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention;

2. Whoever escapes after causing a traffic accident shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years;

3. Whoever escapes and causes death shall be sentenced to fixed-term imprisonment of not less than seven years.

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

1. The object of the crime of causing a traffic accident. It refers to the major transportation safety protected by the criminal law. 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 over the age of 14 causes an accident by driving a motor vehicle and causing 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 investigated and punished as the crime of intentional injury, intentional homicide and other related crimes, and does not constitute the crime of causing a traffic accident.

Legal basisArticle 133 of the Criminal Law of the People's Republic of China.

Whoever violates traffic and transportation management regulations, resulting in a major auspicious 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; Whoever escapes after causing a traffic accident or has other particularly heinous circumstances is to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.