If a man dies in a traffic accident when he gets into the car, is he considered a person in the car

In these days, there are some people who can get rich by sitting down, and there are people who drink cold water and stuff their teeth.

We live in a peaceful country, and although we have avoided the damage of war, "fate" has always been with us.

We should be careful, careful and careful when we go outAvoid putting yourself in danger

1. The cause of the incident. It is reported that a traffic accident occurred in Jiangxi in October 2019.

The reason is because the bus driver Wu made a mistake when the victim Lu got on the bus, because of an operation error, when Lu had just stepped into the car with one foot, Wu suddenly reversed the car without stopping steadily, and caused Lu to be knocked down by the car door, and then seen by WuWhen Lu was knocked down, he stepped on the accelerator by mistake, which eventually led to Lu being run over by a carTragically died

2. Count the "people in the car" or "outsiders". According to the news, it can be learned that the relevant personnel of the transportation department have confirmed that the driver Wu bears full responsibility.

According to the relevant personnel of the transportation department, because part of Lu's body has entered the inside of the carIdentities can already be recognized as passengersTherefore, bus drivers should assume their own obligations and responsibilities to protect passengers, but they also need to communicate with the judiciary on the issue of compensation.

3. Compensation. People cannot be resurrected after death, and although people are gone, the issue of compensation and liability still need to be divided.

According to online information, the court based on this matterTried twice

In the first instance, the court held thatThe insurance company should compensate for Lu's death, and ordered the insurance company to compensate Lu 760,000 yuan, and the first-instance judgment caused the insurance company to appeal.

In the second instance, the court relied on the evidence provided by the insurance companyIt was also ruled that the driver, Wu, should bear the corresponding liability for compensation

However, in the end, the family of the victim Lu did not agree with the verdict and applied to the Jiangxi Provincial Court for a retrial again.

Of course, it's an outsider, after all, you didn't get into the car before you got into the car, and you were hit and killed, so it should be considered an outsider, and the specific ones have to be determined by the police.

There is no need to be the person in the car, or someone else, he is the victim of this accident, and the other party to the accident is responsible no matter what.

Personally, I think that the person in the car should be counted, because after all, it was a traffic accident that occurred when I got into the car, so the accident identification should treat the man as the person in the car.

It should be counted as the occupant of the car. He was involved in a traffic accident while getting into the car, and his subjective intention was to get into the car, not to say that he was standing and not moving.

In the event of a traffic accident in a taxi, when determining the subject of civil compensation, the division of responsibility for the traffic accident should first be determined, which is divided into two situations according to the division of liability.

The first is the situation where the carrier (such as the taxi driver in this case) bears primary, secondary or equivalent liability for the accident.

The carrier and the other parties to the accident constitute joint infringement and jointly infringe on the personal rights or property rights of the passengers, and both parties are the subject of civil compensation.

Second, the carrier is not responsible for the occurrence of the accident, and the other party bears full responsibility for the accident.

In the event of a competition between tort liability and breach of contract liability, the taxi passenger can not only claim the tort liability of the other party to the accident, but also require the taxi driver to bear the liability for breach of contract.

1. If the accident is not caused by another party, but by the driver, the driver shall bear the compensation for the medical treatment and other losses caused by the occupants. For example, if the driver accidentally drives and hits a tree, a stone pier or something, the passenger is injured. 2. If there is a collision between two cars, then the responsibility will be divided, and a few percent of the responsibility will be compensated.

The occupants are not liable.

Summary. Where a traffic accident causes death and the person who bears primary responsibility or more bears primary responsibility shall bear criminal responsibility.

Article 133 of the Criminal Law 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 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.

Driving someone else's vehicle in an accident resulting in death.

Hello, I am a cooperating lawyer and it is a pleasure to serve you.

Driving someone else's car to cause death has full insurance What penalties will the driver receive.

If it is charged, the car in front is not liable. If it is free of charge, it may constitute a helper relationship. To this:

Where a helper causes harm to others in the course of helper's activities, the aided worker shall be liable for compensation. Where the assisted worker clearly refuses to be exterminated, he is not liable for compensation, and where the helper intentionally conceals or is grossly negligent, the people's court shall support the compensation rights holder's request that the helper and the assisted worker bear joint and several liability.

Where a traffic accident causes death and bears primary responsibility, the person shall bear a large share of criminal responsibility. Article 133 of the Criminal Law stipulates that a person who violates the laws and regulations of the Department of Traffic and Transportation Management and Imitation, 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 and return to Dazhu; 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.

If the main or full responsibility is borne, it may be suspected of constituting a traffic accident, and if there is no escape, the sentence is less than 3 years.

Depending on your situation, you can consider the paid goods on our side, and we will arrange a professional lawyer to give you a solution.

If there is no escape and there is no major traffic accident, the motor vehicle driver's license will be revoked, and the driver's license can only be re-examined this year.

If a traffic accident causes the death of a person, and the driver who caused the accident constitutes the main or full responsibility, it constitutes the crime of causing a traffic accident. Generally, the sentence is not more than three years imprisonment. If it is found that there are circumstances of escape, the sentence will be between three and seven years in prison.

If the victim dies as a result of the escape, the driver will be sentenced to more than seven years in prison.

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It depends on the analysis of the situation.

1. The driver violates the rules and skills.

Poor skill, lack of experience, lack of vehicle condition (the responsibility of the car owner) or tolerance of passive accidents, the occupant is not guilty.

2. If the person in the car is a leader, he insists on some operations, speeding up the road, illegal driving and other reasons cause accidents; or the people in the car and the driver gossip, which seriously affects the driver's energy; or the person in the car and the driver have a brawl and affect normal driving, etc., according to the division of responsibility, these people should bear the necessary relevant responsibilities.

The people in the car are not responsible for the accident and are not guilty.

Generally, no, unless he compelled the driver to cause an accident.

It's really strange Definitely not, otherwise who would dare to take the bus in the future?