Hurry, hurry, hurry! What is the legal responsibility of the accident teacher who died in a traffic

The landlord is not very clear whether the driver has committed a violation of traffic and transportation regulations? This is related to the subjective guilt of the driver who caused the accident. If there is no offence or there is no causal relationship, if the accident is caused solely by the victim not obeying traffic rules, jaywalking, or natural factors, such as landslides, ground fissures, storms, floods, etc., the offence of traffic accident should not be punished.

If it is the cause of the driver who caused the accident, then causing the death of one person already meets the requirements of "a major traffic accident", and there should be no doubt that this crime is constituted. As for not escaping, actively reporting to the police, etc., it does not affect the conviction, and can only be used as the basis for sentencing.

According to the provisions of Article 133 of the Criminal Law, whoever commits the crime of causing a traffic accident shall be sentenced to fixed-term imprisonment of not more than 3 years or criminal detention; Where a traffic accident occurs and escapes, or there are other especially heinous circumstances, a sentence of between 3 and 7 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 7 years.

According to the landlord, the driver has violated Article 133 of the Criminal Code and should be held criminally responsible.

Looking at the division of accident responsibility in the traffic accident liability determination issued by the traffic police, if the driver bears the main responsibility, it constitutes the crime of causing a traffic accident. Whoever commits the crime of causing a traffic accident shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term detention; Where a traffic accident occurs and escapes, or there are other especially heinous circumstances, a sentence of between 3 and 7 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 7 years.

It mainly depends on whether the driver has committed a traffic accident. If it does not constitute a natural criminal liability, it is not necessary to pay criminal liability.

Lawyer's answer: The responsibility is first divided by the traffic police department's accident responsibility determination, if it is full responsibility, it constitutes a traffic accident crime, and is sentenced to fixed-term imprisonment of not more than three years or criminal detention. The compensation is the average annual income of residents in the previous year multiplied by 20 years, and if it is a city hukou, it is estimated that it is more than 200,000 yuan, plus more than 20,000 yuan for funeral expenses, and tens of thousands of other expenses.

If there is commercial insurance, if you lose it, you may be sentenced to probation.

If the car is fully responsible for the death of the victim due to a traffic accident, the compensation obligor shall compensate the following six expenses in addition to the relevant expenses according to the rescue situation: funeral expenses, living expenses of dependents, death compensation, and transportation expenses, accommodation expenses and lost work expenses incurred by the victim's relatives for funeral matters.

In addition, the close relatives of the deceased may also claim that the indemnity obligor pay spiritual solace.

The specific amount of compensation should refer to the specific local standards of Zhejiang Province.

Zongheng Legal Network Gao Ming lawyer.

(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.

If you do not do this, you are not committing a crime. April's should be civilly liable. At most, it's a matter of how much money to lose.

In what direction did the two sides go?

1.The insurance company has no money, and it is absolutely a joke that private advances are allowed, but if there is a gap between the amount of the advance and the amount of the insurance company's claim, it will be troublesome.

2.Let the victim's family sue you and the insurance company directly, and you can assist the plaintiff!

3.If you negotiate with the victim, the insurance company may not admit the amount of negotiation, and it will definitely be discounted at that time, so it is best to let the other party sue you and the insurance company! No, you can use the other party's imitation materials to help him sue yourself and the insurance company, so that the court will directly rule that the insurance company is liable.

4.The upper limit of compulsory traffic insurance is, within this range does not divide the responsibility, the insurance company must pay, so you have no problem in this range, the excess part, depends on how the accident responsibility is divided, the excess part must not be advanced, otherwise, the claim will be troublesome!

The traffic management department of the public security organ shall make a traffic accident certificate within 10 days from the date of the investigation of the scene of the traffic accident after the inquest and inspection of the scene. In the case of a traffic hit-and-run, a traffic accident identification certificate shall be drafted within 10 days of the seizure of the traffic hit-and-run person and vehicle. If it is necessary to conduct an inspection or identification of the orange wax, a traffic accident identification document shall be made within five days after the results of the inspection or appraisal or re-inspection or appraisal are confirmed.

1) The basic information of the parties to the traffic accident, the vehicle, the road and the traffic environment;

2) the basic facts of the traffic accident;

3) Analysis of the evidence and causes of traffic accidents;

4) The fault and responsibility of the parties involved in the traffic accident or the cause of the accident.

The traffic accident identification document shall be stamped with the special seal of the traffic management department of the public security organ for handling traffic accidents, and shall be served on the parties respectively, and the parties shall be informed of the time limit for applying for mediation by the traffic management department of the public security organ and the right to directly file a civil lawsuit with the people's court.

3. After the accident liability determination is issued, compensation shall be made according to the proportion of liability of both parties determined in the liability letter.

4. If you are not satisfied with the traffic police's determination of accident responsibility, you can apply for a review to the traffic police at the next level on the 3rd.

Because A and B already constitute a legal employment relationship.

Therefore, A and B should be jointly and severally liable for compensation to C.

In short, give an example.

A traffic accident occurred between B and C.

There is no doubt that B is naturally liable for compensation to C, but because A and B are in an employment relationship, when B is engaged in a traffic accident while working for A (note that the accident must have occurred while working for A), A is jointly and severally liable for compensation, and A also needs to compensate C.

Later, A can also recover from B for the compensation loss of A against C!

That's it!

In this accident, the transport company and B should be jointly and severally liable for compensation, and A has nothing to do with it.

A must have compulsory insurance, it is best to claim directly from the insurance company.

If you look at the accident certificate, according to what you said, they should be responsible for each other, and how to share the specific responsibility depends on the accident certificate. As for smashing your classmate's home, if your classmate's family doesn't want to investigate the other party's criminal responsibility, go to report the case first, or take a picture of it yourself, and keep the invoice for the loss and the invoice after the repair, and then take it out when the lawsuit compensates the deceased's family, and ask the other party to compensate for it, so that you can pay less.

Turn and go straight, your classmates should be the main or full responsibility, you say that the house blocks the view, where will the house block the view? What kind of car is the other party?

The key is who has the right of way.

Who is the road, who is the alley, the alley, the alley.

At the same level, who is the main road.

Everything is the same.

Your classmate is responsible for turning and not going straight.

The other party is drunk and secondary.

If the other party's road grade is high.

Your classmates are to take full responsibility.

The other party should bear the main responsibility for the accident if he drives illegally.

According to your account, there should be no traffic lights at the intersection, and it depends on who has the right of priority, and generally the turning car should avoid the straight car, so your classmate's responsibility may be greater.

If you are not satisfied, you can sue, and if you are in a lawsuit, go to the court to find a relationship, it is useless for the traffic police.

The Standing Committee of the National People's Congress plans to amend the Road Traffic Safety Law to clarify the proportion of liability for compensation borne by the motor vehicle when the driver or pedestrian of a non-motor vehicle is at fault.

The Standing Committee of the National People's Congress began to deliberate on the draft amendment to the Road Traffic Safety Law on the 24th. The draft amendment amends the provisions of Article 76, Paragraph 1, Item 2 of the Road Traffic Safety Law, while maintaining the principle of presumption of fault, and clarifying the proportion of liability for compensation borne by the motor vehicle party in the case of fault of the non-motor vehicle driver and pedestrian.

The draft amendment amends Article 76, Paragraph 1, Item 2 of the Road Traffic Safety Law to read: In the event of a traffic accident between a motor vehicle and a non-motor vehicle driver or pedestrian, the motor vehicle shall be liable; However, if there is evidence to prove that the driver or pedestrian of the non-motor vehicle is at fault, the liability of the motor vehicle party shall be reduced in accordance with the following provisions:

1.If the driver of the non-motor vehicle or the pedestrian bears secondary liability, the motor vehicle party shall bear 80% of the compensation liability;

2.If the driver of the non-motor vehicle and the pedestrian are equally liable, the motor vehicle shall bear 60% of the compensation liability;

3.If the non-motor vehicle driver or pedestrian bears the main responsibility, the motor vehicle party shall bear 40% of the compensation liability;

4.If the driver or pedestrian of the non-motor vehicle bears full responsibility, the motor vehicle party shall bear no more than 10% of the liability for compensation.

Article 6 of the "Several Provisions on the Implementation of the Measures for Handling Road Traffic Accidents in Beijing" promulgated by the Beijing Municipal Public Security Bureau on June 10, 1993 stipulates that the person responsible for a traffic accident shall bear the corresponding liability for damages in accordance with the responsibility for the traffic accident. Those who are fully responsible shall bear 100% of the losses in accordance with the regulations; Those who are primarily responsible shall bear 60% to 80% of the losses in accordance with the regulations; Those who are equally responsible shall each bear 50% of the losses in accordance with the regulations; Those who bear secondary liability shall bear 20% to 40% of the losses in accordance with the regulations; The liability for damages borne by the three or more parties responsible for the traffic accident shall be determined with reference to the above principles.

If you fail to take effective avoidance measures, you will bear secondary liability, and all the losses of the other party within the limit of the compulsory liability insurance shall be borne by you, and the excess part shall be shared according to the responsibility.

He doesn't go to the designated hospital**,** won't support him.

1.According to the traffic police to determine whether you are responsible, if so, according to the responsible compensation; If not, there is no compensation.

2.For any item that is subject to legal compensation, compensation shall be determined on the basis of the principle of reasonableness and necessity. For example, medical expenses are generally in the place where the accident occurred**, if the medical level in the place where the accident occurred cannot be reasonably effective**; You can go to other places**.

Otherwise, the unreasonable expenses incurred shall be borne by yourself.

First of all, you are not sure whether the other party is a motor vehicle If it is a motorcycle, then he must have a driver's license, that is, M driver's license, without a driver's license, it is considered unlicensed driving, and it has nothing to do with you if you are fully responsible for death, if there is a driver's license that is wrong-grade, the traffic police will take a picture of your brake marks on the road If you are sure that you make a decisive stop to avoid, it is the other party who touches you, and you are not wrong, it should be that he is driving in the wrong direction Illegal. But when something happens, you have to take pictures of yourself for evidence. First, you make a stop to avoid not being able to avoid him out of your own lane.

Second, your road brake mark represents your speed, and if you exceed the speed limit, you will also be responsible.

As long as you don't commit these two points, then you call the police and ask the other party to compensate you for all the losses.

How to review the insurance annually after expiration?

Look at how the traffic police divide the responsibility for the accident, if it is not responsible, it only needs to compensate 10,000 yuan in total, if it is responsible, then it is necessary to compensate 110,000 yuan for death, 10,000 yuan for medical treatment, and 2,000 yuan for property, and the insufficient part will be borne proportionally. Normality should strive for no responsibility.

It depends on the accident determination of the traffic police team, if you are responsible, the 40,000 yuan is not enough, but if your car has compulsory traffic and commercial insurance, the insurance company will directly compensate the other party, and the 40,000 yuan you paid can also be returned (the premise is that the other party sues you), I hope my answer can help you.

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.

Money is definitely going to be accompanied, because it will definitely give you two lives, it's terrible, you'd better hire a lawyer, friend, you don't have any compulsory insurance.