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Please refer to the Regulations on the Reporting, Investigation and Handling of Work Safety Accidents
Article 3 According to the personnel or direct economic losses caused by production safety accidents (hereinafter referred to as accidents), accidents are generally divided into the following levels:
1) "Particularly serious accidents" refers to accidents that cause more than 30 deaths, or more than 100 serious injuries (including acute industrial poisoning, the same below), or direct economic losses of more than 100 million yuan;
2) "Major accidents" refers to accidents that cause the death of more than 10 people and less than 30 people, or the serious injury of more than 50 people and less than 100 people, or the direct economic loss of between 50 million and 100 million yuan;
3) "Relatively large accidents" refers to accidents that cause the death of 3 to 10 people, or the serious injury of 10 to 50 people, or the direct economic loss of between 10 million and 50 million yuan;
4) "General accidents" refer to accidents that cause the death of less than 3 people, or the serious injury of less than 10 people, or the direct economic loss of less than 10 million yuan.
The production safety supervision and management department may, in conjunction with the relevant departments, formulate supplementary provisions for the classification of accidents.
For the purposes of paragraph 1 of this Article, the term "above" includes this number, and the term "below" does not include this number.
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Summary. The death of the victim caused by a traffic accident needs to be compensated according to the following compensation items: 1. Death compensation, the standard is different in different places, but there is no change in the region.
2. Funeral expenses shall be based on the average salary of employees in the previous year at the location of the court where the lawsuit is filed for 6 months. 3. 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 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.
The death of the victim caused by a traffic accident needs to be compensated according to the following compensation items: 1. The standard of death compensation is not the same in different places, but there is no change in the region. 2. Funeral expenses shall be based on the average salary of employees in the previous year at the location of the court where the lawsuit is filed for 6 months.
3. 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 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 60 years old or older, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.
Legal basis: Article 17 of the "Full Text of the Judicial Interpretation on Compensation for Personal Injury" provides that the person obligated to compensate the victim for personal injury, the expenses incurred due to medical treatment** and the income lost due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutritional expenses. If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred due to the increase in living needs and the loss of income from the repatriation of the high family due to the loss of ability to work, including disability compensation, disability auxiliary training equipment, and living expenses of dependents, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to the care and continuation.
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According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, the compensation items include: medical expenses, follow-up expenses, hospital meal subsidies, nutrition expenses, lost work expenses, nursing expenses, death compensation or disability compensation, funeral expenses, spiritual solace funds, living expenses of dependents, assistive equipment and appliances, transportation expenses, appraisal fees, etc.
Among them, compensation shall be made first within the scope of compulsory traffic insurance, and the part exceeding the compulsory traffic insurance shall be apportioned according to the accident liability of both parties.
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The death of three people in an accident on the highway bears secondary responsibility, which does not constitute the crime of causing a traffic accident and will not be imprisoned.
Article 133 of the Criminal Law of the People's Republic of China stipulates that a person who violates traffic and transportation management regulations 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 criminal 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.
The 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 stipulates that a person who causes a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention under any of the following circumstances:
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.
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You see, how much the insurance company gives you, how much he gives in private chat, how much you repair the car, that earns, now go to the repair shop, repair because of the insurance, so it may give you some profits.
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