Legal advice, traffic law, cases are waiting for you, points are waiting for you

1. "You" occupy the road in violation of regulations, resulting in the death of the victim, and you shall bear full responsibility.

2. I don't know whether the victim is at fault, and if he is at fault, it can reduce the responsibility of "you". As for whether you set up warning signs, I don't think it has anything to do with what responsibility "you" bear, unless your occupation of the road is legal, and the preliminary judgment is that the occupation of the road is illegal.

3. However, in the process of resolving disputes, whether it is mediation or litigation, "you" should emphasize that the other party is at fault or "you" have fulfilled the obligation to prompt. For example, whether the victim has a driver's license, whether he can drive on the road section, whether he violates the law, etc.

Because you occupy a crosswalk, you are clearly at fault for obstructing the normal passage of others. Even if you fulfill your obligation to warn and remind, it still does not exempt you from responsibility. If you cause the death of another person because you occupy the road, you still have to be held responsible.

However, your duty of warning can appropriately reduce your liability.

What should you do, you are doing warning work from you, and the other party driving a motor vehicle on the sidewalk is also a violation of the road traffic safety law, and you should ask the court to reduce your civil liability as appropriate.

You're not responsible. 1；Subjectively, the old man knew that it was a pile of stones and wanted to rush over.

2；The site has been irretrievable.

3；Credibility of witness testimony ...

4；Forensic autopsy report.

5；The old man's past and present medical history.

6 Motorcycle test report.

Traffic Police Certificate.

He didn't have a forensic autopsy report, he didn't have a motorcycle test report, and he didn't have a traffic police certificate, he didn't report the accident at that time, and the motorcycle didn't have a license plate and driver's license at that time, I don't know that he later took out a driver's license, and it was suspected that it was reissued, and his witness testimony was not credible, because his witness arrived at the scene after the accident and was not at the scene at the time.

With relevant consultation, sidewalks can only be used at will, and the country seems to have such a law. I don't think there is any major fault, I wonder if the case verdict bears 35% more or less?

If you bear all or the main responsibility for the accident, even if the family of the deceased does not pursue it, your father will be held criminally responsible, and the criminal liability will be prosecuted by the state.

If the police are called, they must promptly urge the traffic police department to issue a letter of responsibility in a timely manner, and ask the traffic police department to mediate.

It is also possible to go through judicial procedures to prosecute, and the prosecution is not premised on the issuance of a letter of responsibility by the traffic police department. If you do not intend to mediate, file a lawsuit with the court as soon as possible to avoid delaying the statute of limitations.

No matter what kind of solution, we should pay attention to the preservation of evidence, and should pay attention to the statute of limitations, can not be dragged on, to deal with it in a timely manner, if the other party is unwilling to mediate privately, then to the court as soon as possible to file a lawsuit, so as not to exceed the statute of limitations, the court will not support.

If the police were not reported at that time, if the other party did not deny it, or if you have evidence and witnesses who can prove that they are the perpetrators, and whether they have illegal driving, etc., you can also go to the court to sue, and you also need to pay attention to the statute of limitations and evidence preservation.

The one-year statute of limitations applies to the second category of cases, but in practice, there are two points of view: one is calculated from the date of the traffic accident, that is, the date on which the injury is known, and the other is calculated from the date of the end of the accident or the determination of the loss. Different courts and specific cases may apply different starting points, so it is important to pay attention to the statute of limitations.

In addition, the law does not stipulate that the perpetrator should have to pay the medical expenses in advance, so sometimes the perpetrator who does not take the initiative to pay the money can only pay it himself first, and then claim against the other party together.

You can ask the accident handling department to advance a part of it through the other company's insurance company, and take a part of it yourself, and then determine the amount of insurance compensation according to the accident liability after you have finished it.

There is no way, the law does not stipulate that the other party should advance money.

The maximum fine is 200 yuan, and 3 points will be deducted.

2] 3. If the driver of a motor vehicle commits one of the following violations, 3 points will be deducted at a time:

Violating road traffic lights;

3] In accordance with Article 90 of the Road Traffic Safety Law.

If a driver of a motor vehicle violates road traffic safety laws and regulations on road traffic, he shall be given a warning or fined not less than 20 yuan but not more than 200 yuan. Where this Law provides otherwise, punishment is to be given in accordance with the provisions.

Article 49 Raids due to leasing, borrowing, etc.

Traffic occurs when the owner of the motor vehicle and the user are not the same person.

If the DAO is the responsibility of the motor vehicle after the accident, the insurance company shall compensate within the limit of the compulsory insurance liability of the motor vehicle. For the insufficient part, the user of the motor vehicle shall be liable for compensation; If the owner of the motor vehicle is at fault for the occurrence of the damage, he shall bear the corresponding liability for compensation.

1. Reasonable, because your classmate's younger brother is the owner of the car, but he is not responsible for compensation.

2. The relatives of this friend of your classmate's younger brother do not pay legal responsibility, he is just a passenger.

3. If the other party dies and your classmate's brother's friend is fully or primarily responsible, then you need to be criminally responsible.

4. It is best to resolve it through litigation, so that they are not involved in each other.

5. The fifth question depends on the relevant situation, simple questions are not easy to answer, you can contact me.

1. It is reasonable for the other party owner to sue your classmate's brother and brother, because your classmate's brother is the owner of the car, and if he lends the motorcycle to a person who does not have a driving license or lends a motorcycle without legal procedures to someone else, he will be liable for the traffic accident that occurred;

2. The relatives of this friend of your classmate's brother are not responsible;

3. If the accident caused serious injury to the owner of the other party's car, plus it was an escape, it would constitute a traffic accident, and your classmate's younger brother would be liable for civil compensation in addition to criminal liability;

4. If you really can't get the money, the court can't do anything about you, but the criminal punishment will be heavier (actual sentence).

5. It is possible to understand at one time, and the specific follow-up fee depends on whether there is clarity in the disability identification, if it is not clear, the court will only make a judgment on the existing losses, and as for what sequelae will occur in the future, the other party can file a lawsuit at any time to ask you for compensation.

Clause.

1. Sue you.

The younger brother of the student is reasonable, because the younger brother of your system is the owner of the car, he is the owner of the motorcycle, and he lent it to a third party for use, and the ownership has not changed, according to the provisions of the traffic law, the owner of the vehicle lent the vehicle to others for use, and if the other party bears the main responsibility for the accident, the borrower shall be liable for compensation, and in the case of inability to compensate, the owner of the vehicle shall be jointly and severally liable for compensation. After compensation is made to the other party, it can be recovered from the borrower.

Clause. 2. If a friend on a motorcycle supports or instigates your classmate's friend to violate the rules, he will be equally responsible. If there is no above, he is not responsible for simply sitting in the car at the driver's will.

Clause. 3. 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 person escapes after causing a traffic accident or has other especially heinous circumstances, he shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years. Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than 7 years.

The crime of causing a traffic accident is, of course, considered a criminal offense.

Clause. 4. If the borrower does not pay compensation, only the owner will compensate. The vehicle has third-party insurance, which can be compensated by the insurance company, but the insurance company will not pay if there is a traffic hit-and-run.

Clause. 5. The demands made by the injured party are basically reasonable and have laws to follow. If your classmate's younger brother is in charge of things at one time, then the court needs to do mediation work, find out what is acceptable to both parties, and then see whether the other party's request is reasonable.

The determination of responsibility for traffic accidents is determined by the public security organs. The traffic management department of the public security organ shall determine the responsibility of the party according to the role of the party's behavior in the occurrence of road traffic accidents and the severity of the fault.

1) Where a road traffic accident is caused by the fault of one of the parties, full responsibility shall be borne by the party;

2) Where a road traffic accident occurs due to the fault of two or more parties, they shall bear primary responsibility, equal responsibility and secondary responsibility respectively according to the effect of their actions on the accident and the severity of the fault;

3) None of the parties is at fault for causing the road traffic accident, and if it is a traffic accident, none of the parties is liable.

If one party intentionally causes a road traffic accident, the other party is not liable.

Yes, you are on the main road.

It is the responsibility to pay attention to safety.

Give way to vehicles that are driving on the main road.

If you turn right and drive out slowly, you will not be responsible, and the other party will also be responsible for speeding and hitting you. Otherwise, you may be fully responsible.

It will not be full responsibility, and unlicensed and unlicensed should bear part of the responsibility.

You are against the public security organs.

If they are not satisfied with the determination of responsibility for traffic accidents, they may apply to the public security organ at the level above for a new determination within 15 days of receiving the written determination of responsibility for traffic accidents. Within 30 days of receiving the application for redesignation, the public security organ at the level above shall make a decision to maintain, modify, or revoke it.

Attached: Measures for the Handling of Road Traffic Accidents

Article 22: Where a party is dissatisfied with the determination of responsibility for a traffic accident, it may, within 15 days of receiving the written determination of responsibility for a traffic accident, apply to the public security organ at the level above for a new determination; Within 30 days of receiving the application for redesignation, the public security organ at the level above shall make a decision to maintain, modify, or revoke it.

I've only been in the business for two years, but I've never heard of a traffic liability certificate being overturned.

It is right that the traffic police will assign all the responsibility to you. You're chasing someone else's tail.

Did your father also ride a motorcycle? Didn't you report to the traffic police at that time? Generally, the police are called, and the traffic police issue a traffic accident liability determination, which can be compensated in accordance with the responsibility delineation of the liability determination.

Since you did not report to the police at that time, according to the facts of the case you described, your father was driving normally, and the other party was in the opposite direction, and on the premise of excluding your father's overloading, I infer that the other party is fully responsible, and you do not need to compensate.

But now all the evidence about that time does not exist, if you are strong, you can not pay, or take out the agreement or recording of 200 yuan that was negotiated at the beginning, and pay 200

It is recommended that similar things happen in the future, and on the premise of ensuring that there is no mistake, the police should be called to preserve the evidence.

1. As you mentioned, the division of responsibilities must first be determined by the traffic police;

2. According to the division of responsibility in the accident certificate, the specific amount of compensation for both parties shall be determined;

3. As you mentioned, your father was driving normally, and the other party was driving illegally, and the other party generally had to bear full responsibility for the accident, no matter how seriously the other party was injured and how much money was spent, your father did not need to bear it; It is not determined by the size of the injury and medical expenses, but by the size of the responsibility.

My point is this, you see:

First of all, there is the issue of responsibility, because this is something that needs to be determined by the traffic police. You may be responsible for teaching the youngsters, but are there anything else you have taken into account? Such as drunk driving, violations, speeding, overloading. The traffic accident liability certificate needs to be issued by the traffic police.

Secondly, on the issue of evidence, the negotiation at that time was only oral, not written, and it was better to need written or evidentiary evidence. For example, temporary written agreements, mobile phone recordings, etc., again, the matter of compensation, according to the environment, you do not need to compensate, however, other factors to consider. Your side has not continued to increase the obligation to pay compensation.

These things are recommended to be resolved privately. Hope it helps!

It depends on the situation, whether you have been drinking, whether you are speeding, if not, there should be no reason to pay compensation.

In this case, you can call the police, and the traffic police will make a determination of responsibility, and then bear compensation according to the size of the responsibility.

If there is no police report, and the responsibility is not clear, no compensation can be made.

I would like to consult: My current company is affiliated with a company, but I don't have any documents, and I haven't signed a labor contract, is it illegal to ask if this is the case? And he didn't ask me to sign the contract, will this be good or bad for me?

For example: When you quit your job? Or is it a claim I can claim when he fires me?

Request an answer, thanks.