About 29 legal issues commonly sorted out and answers in traffic accidents

This article aims to answer questions and confuses the liability disputes in the traffic accidents and traffic accidents in the common motor vehicle traffic accidents. Questions and answers and analysis logic, in order to make a concise and concise and straightforward problem. Due to the lack of experience and time, this article is still incomplete and inaccurate, but it is just a brick to attract readers for reference!

1. How to deal with traffic accidents?

After a traffic accident, the scene should be properly protected. Under the principle of ensuring safety, the evidence is fixed on the site of on -site photos or labeling accident vehicles.

If the accident is mild and has no objection to the responsibility, the parties may negotiate the damage compensation by themselves. If there are vehicle insurance, you can call the insurance company's customer service telephone to register, and the insurance company will make compensation. After negotiation, you can evacuate the scene and restore traffic. If it is not evacuated at the scene, the traffic police or the traffic management department of the public security organs should be reported quickly.

If there is any objection to the responsibility or unable to negotiate, the police should be reported immediately, and the traffic accident responsibility for traffic accident responsibility shall be issued by the traffic police department. The two parties divide responsibilities and negotiate compensation in accordance with the responsibility of traffic accidents. If the traffic management department is still unable to negotiate after the intervention, it can filed a lawsuit with the court.

【Dharma Reference】

Article 73 of the Road Traffic Safety Law Article 73 The traffic management department of the public security organs shall promptly produce a traffic accident identification letter in a timely manner to deal with traffic accidents in accordance with the on -site inspection, inspection, investigation situation and relevant inspection and identification conclusions of the traffic accident as evidence of handling traffic accidents. The traffic accident identification should be stated that the basic facts, causes and the responsibilities of the parties should be delivered to the parties.

Article 74 Disputes on the compensation for damage to traffic accidents, the parties may request the traffic management department of the public security organs to mediate, or they may directly file a civil lawsuit to the people's court.

After mediation by the traffic management department of the public security organs, if the parties fail to reach an agreement or do not perform after the mediation book takes effect, the parties may file a civil lawsuit to the people's court.

Second, what is the responsibility for traffic accident?

The road traffic accident liability identification is a document material for the public security traffic management department in accordance with traffic regulations and whether the causal and quantitative judgments for the causal relationship between the parties to the traffic accident and the consequences of the damage of the traffic accident. It is a technical document with legal effect. Its purpose is to distinguish the responsibility of the accident, to make a correct and appropriate punishment for the perpetrators in accordance with traffic regulations and other regulations. The majority of traffic accident participants have learned useful lessons from it, studying the laws of traffic accidents, and formulating effective safety precautions also have important significance and role.

What is the content of road traffic accident identification?

According to Article 64 of the "Regulations on the Procedure of Road Traffic Accidents", the road traffic accident identification letter should be stated in the following content:

(1) Basic situations such as the parties, vehicles, roads and traffic environments such as road traffic accidents;

(2) Road traffic accidents pass;

(3) Analysis of the evidence of road traffic accidents and the cause of the accident;

(4) The party's fault, responsibility or accident or accident caused by road traffic accidents;

(5) The name and date of the traffic management department of the public security organs that make road traffic accidents.

The road traffic accident identification should be signed or stamped by the traffic police, stamped with the road traffic accident handling of the traffic management department of the public security organs.

Article 65 stipulates that road traffic accident identification documents shall be delivered to the parties within three days after the production, and the rights and terminals of applying for a review, mediation, and filed civil lawsuits shall be informed.

4. What are the division of traffic accident liability?

Article 60 of the "Regulations on the Procedures for Road Traffic Accidents" stipulates that the traffic management department of the public security organs shall determine the responsibility of the parties in accordance with the actions of the parties and the severity of the fault.

(1) If the fault of one party leads to road traffic accidents, it will bear all responsibilities;

(2) Those who have a road traffic accident due to the fault of the two or more parties, according to the role of the accident and the severity of the fault, the main responsibility, equivalent responsibility, and secondary responsibility;

(3) All parties do not cause the fault of road traffic accidents. If they are in traffic accidents, all parties are not responsible.

If one party deliberately causes road traffic accidents, the other party is not responsible.

5. How to determine the compensation ratio based on the traffic accident liability?

When determining the proportion of compensation, two types must be distinguished. One is a traffic accident between motor vehicles and non -motorized vehicles and pedestrians; the other is a traffic accident between motor vehicles and motor vehicles.

(1) Traffic accidents between motor vehicles and non -motorized drivers and pedestrians

If a traffic accident between a motor vehicle and a non -motorized vehicle driver and a pedestrian causes personal casualties and property losses, the insurance company is first compensated within the scope of the motor vehicle third party liability for compulsory insurance liability. For the part that exceeds the limit of liability, the motor vehicle party is liable for compensation; but if there is evidence to prove that non -motorized drivers and pedestrians have faults, the liability for compensation of the motor vehicle is appropriately reduced according to the degree of fault:

1. If the motor vehicle party is responsible for all the responsibilities in the traffic accident, it shall bear 100%of the liability; 2. If the motor vehicle party shall bear the main responsibility in the traffic accident, it shall bear 80%of the liability for compensation;

3. If the motor vehicle is responsible for the same responsibility in a traffic accident, it shall bear 60%of the liability for compensation;

4. If the motor vehicle party is responsible for the secondary responsibility in the traffic accident, it shall bear 40%of the liability for compensation;

5. If there is no fault of the motor vehicle, it shall bear the liability of no more than 10%;

Non -motorized vehicle drivers and pedestrians occur in traffic accidents in urban expressways and highways that prohibit non -motorized vehicles and pedestrians. If the motor vehicle is not responsible, it shall bear 5%of the liability for compensation.

7. The loss of traffic accidents was caused by non -motorized drivers and pedestrians in intentionally colliding with motor vehicles. The motor vehicle side did not bear the liability for compensation.

(2) Traffic accidents between motor vehicles and motor vehicles

Traffic accidents between motor vehicles and motor vehicles shall be compensated within the scope of the motor vehicle third party liability for compulsory insurance liability. The part that exceeds the limit of liability shall be liable for compensation by the faulty party; if both parties have faults, the liability shall be shared according to the proportion of each fault:

1. If the responsibility is responsible for the accident, it shall bear 100%of the liability for compensation;

2. If the main responsibility is responsible, 70%of the liability for compensation;

3. If the same responsibility, bear 50%of the liability for compensation;

4. If the responsibility is responsible for secondary, it will bear 30%of the liability for compensation;

5. If there is no fault, no liability for compensation;

6. If it belongs to a traffic accident accident, if all parties are not responsible, the interpretation of the "Civil Code" and the "Supreme People's Court on the Application of Laws on the Application of Laws on the Application of Personal Damage Compensation Cases" shall be determined according to the specific situation. Essence

6. How to relief when you are not convinced of traffic accidents?

Article 71 of the "Regulations on Road Traffic Accident Handling Procedures" stipulates that if the parties have objections to road traffic accidents or issue road traffic accident certification, they may be objected to road traffic accidents or road traffic accident certifications or road traffic accident certificates. Application for written review. If the parties submit a review application overdue, they will not accept it and notify the applicant in writing.

The review application shall stimulate the review request and its reasons and main evidence. The review of the same accident is limited to one at a time.

7. What situation does not belong to the scope of review and acceptance?

The following circumstances do not belong to the scope of review and acceptance:

1. The parties who have filed a lawsuit with the people's court and accepted by the court;

2. The People's Procuratorate approved the arrest of the suspect of the traffic accident;

3. Applicable road traffic accidents for simple procedures;

4. Incidents occurred outside the road.

8. Under what circumstances need to apply for review?

The parties have objections to the identification of road traffic accidents or issuing road traffic accidents.

9. In what aspects of the application for review?

Combining the "Regulations on the Procedure of Road Traffic Accident Handling" for the specific requirements of the accident identification and the specific content of the traffic accident identification book, the application for review needs to focus on the following issues:

1. Whether the traffic accident identification letter of the basic facts of the accident is objective and comprehensive, whether the law is correct;

2. Is the division of the responsibility of road traffic accident;

3. Whether road traffic accident investigation and identification procedures are legal.

10. Reviewing the application time?

If the parties do not accept the traffic accident liability for traffic accident liability, they can submit a written review application to the public security traffic management department from the upper level public security traffic management department within 3 days from the date of delivery of traffic accident liability or road traffic accident certificate. The public security traffic management department of the previous level received a decision to accept whether the parties received the written review of the parties within 5 days.

11. Review the results of the account of the responsibility for traffic accidents

If the public security traffic management department accepts the review application, if the original traffic accident liability identification book is unclear, the evidence is uncertain, the responsibility is unjust or the investigation and identification of violations of the legal procedure, the review conclusion is ordered to order the original case of the original traffic accident to the original traffic accident Responsibility identification and re -investigation and identification; if the fact that the original traffic accident liability is determined, the facts are clear, the evidence is sufficient, the applicable law is correct, the responsibility is fair, and the investigation procedure is legal, it will make a review conclusion to maintain the identification of the original road traffic accident.

12. How many times can the traffic accident liability identification letter be reviewed?

Applying to the public security traffic management department at the previous level is limited to the determination of the responsibility for the traffic accident.

13. After a traffic accident, how to choose a court jurisdiction?

As a special infringement liability for road traffic accidents, according to the relevant provisions of the Civil Procedure Law of the People's Republic of China, it is under the jurisdiction of the People's Court of "Infringement" or "Defendant House". In the end, which court can choose, according to the following steps:

1. Determine the jurisdiction that available to choose from;

2. Compared with the compensation standards of the place where the court is located;

3. Based on your own litigation costs, choose the court that is conducive to your own jurisdiction.

【Dharma Reference】

The Civil Procedure Law (Amended 2021) Article 22 The civil lawsuit filed by citizens shall be under the jurisdiction of the people's court of the defendant's residence.

The civil lawsuit filed by the legal person or other organizations is under the jurisdiction of the people's court of the defendant's residence.

Several defendants in the same lawsuit and where they often reside in and often live in the jurisdiction of the people's courts, each of which has jurisdiction over the people's courts. Article 29 The lawsuit filed by the infringement shall be under the jurisdiction of the people's court of the infringement or the place where the defendant's residence.

The Interpretation of the Civil Provenance Law (Amendment of the Civil Provenance Law "(Amendment of 2022) Article 24 of Article 29 of Article 29 of the Civil Procedure Law includes the place where the infringement is implemented and the infringement results occur.

Fourteen, the scope of compensation for personal damage?

Article 1,179 of the "People's Republic of China" Article 1,179 Edible human damage to others shall compensate for medical expenses, nursing expenses, transportation, nutritional expenses, hospital food subsidies, etc. for the reasonable expenses for treatment and rehabilitation expenses And revenue due to miscalculation. If the disability is caused, the auxiliary equipment fee and disability compensation shall also be compensated; if the death, the funeral fee and death compensation shall also be compensated.

15. Calculation standards and calculation methods of personal damage compensation?

The "Decision on Modifying Several Issues of the Supreme People's Court on the Supreme People's Court on the Supreme People's Court on the Application of Laws of Personal Damage Compensation Cases" will be implemented on May 1, 2022.

This amendment will modify the disabled compensation, death compensation, and the living expenses of the supporters from the original urban and rural compensation standards to uniformly use the standards of urban residents.

Disability compensation and death compensation are calculated based on the original disposable income of urban residents or per capita net income standards for rural residents to calculate according to the per capita disposable income standard for urban residents; Or the calculation of the per capita annual consumption expenditure standard for rural residents to be calculated to calculate according to the per capita consumption expenditure standards of urban residents.

(1) Medical expenses

1. Medical expenses are the necessary costs that the natural person who directly suffers from personal injury and the cost of medical treatment.

2. Calculation method: medical expenses = diagnosis and treatment fee+medical expenses+hospitalization fee

3. Medical expenses are determined based on the medical costs and hospitalization fees issued by medical institutions, and the relevant evidence such as medical records and diagnosis certificates is determined. If the obligations of the compensation obligations have objections to the necessity and rationality of the treatment, they shall bear the corresponding liability for proof.

The amount of compensation for medical expenses is determined according to the actual amount before the end of the trial court debate. Generally, the diagnosis certificate of medical institutions and the medical expenses, treatment costs, hospitals or medical records, and prescriptions. If necessary, you can entrust a judicial appraisal agency for appraisal. The necessary rehabilitation fees, appropriate cosmetic costs, and other follow -up treatment fees for organ functional recovery training can be sued separately after the actual occurrence. However, the cost that must be incurred based on medical certification or identification conclusions can be compensated with the medical expenses that have already occurred.

(2) Misunderstanding fee

1. Error expenditure refers to the wage income or operating income that the victim can fail to carry out normal work or normal business activities due to personal injury.

2. Calculation method:

(1) The victim has a fixed income, and the cost of misunderstanding is calculated according to the actual reduction of revenue.

Equipment cost compensation amount = Salary of the victim (yuan/day) x mistake time (day)

(2) The victim has no fixed income and calculates according to his average income in the past three years.

A. The amount of compensation for misunderstanding costs = the average income of the victim in the last three years (yuan/day) X misrepresentation time (day)

B. The amount of compensation for misunderstandings = the same or similar in the same industry in the previous year (yuan/day) X error time (day) (day) (day) (day) (day) (day) (day) With reference to the same or near the industry of the court, the average salary calculation of employees in the previous year)

(3) Determination of the time of mistakes, generally the hospital's suggestion rest time or judicial appraisal opinion shall prevail. If the victim continues to work due to injuries, the time of misunderstanding can be calculated until the day before the downturn.

(4) If the victim's income without labor and require compensation for misunderstanding, it is generally not supported. Article 20 of the "Supreme People's Court Personal Damage Compensation Judicial Interpretation and Application" (see the "Explanation of Several Issues on the Application of Laws on Supreme People's Court on the Supreme People's Court on the Supreme People's Court on the Supreme People's Court") The victims refer to the main source of life of the victim or all rely on the supply of others, or accidental income, but not enough to maintain the normal life of the victim. The compensation of the misunderstanding fee shall be limited to people with labor ability. If the victim is a person with no labor, he does not have the right to request compensation for misunderstanding. People with labor ability but no income are two types of housewives and unemployed people. For housewives, although there is no income, the housework it undertakes is undoubtedly supported and guaranteed for the normal migrant income of other family members. After the housewives are injured, the income and expenses of the entire family will inevitably be affected. If it does not compensate for it only without "income", it will be fair. For unemployed people, although they have no income for the time being, they still have the opportunity to employment and obtain income. The result of damage caused by the infringement of the infringer, the possibility of this benefit will not be realized within a certain period of time. Therefore, compensation is more fair and reasonable for compensation that meets the loss of interests. It can be seen that compensation for misrepresented labor costs of income -free victims with labor capabilities is in line with fair values.

(3) Nursing fee

1. Nursing fees refer to the victim's personal damage due to a considerable degree of personal damage, which leads to a certain degree of reduction in its ability and self -care ability. In order to help it carry out a normal life, during the medical diagnosis and treatment and cultivation rehabilitation, according to the opinions or judicial appraisal of the medical institution, special persons are appointed to take care of it, and the expenses required for the expenses. 2. Calculation method:

(1) If the nursing staff has income, it is calculated by reference to the rules of the misrepresented fee.

Nursing fee compensation amount = nursing person's salary (yuan/day) X care period (day)

(2) If the nursing staff does not income or hires a caregiver, it is calculated by reference to the labor remuneration standards of the same level of care for the local caregivers.

Nursing fee compensation amount = Local caregivers engaged in labor remuneration standards (dollar/day) x nursing period (day) × number of nursing staff (one)

In principle, the nursing staff is one person, but if the medical institution or appraisal agency has clear opinions, the number of nursing staff can be determined.

The nursing period should be calculated until the victim resumes his own ability to take care of his life. If the victim cannot restore the ability of self -care due to disability, a reasonable nursing period can be determined according to its age, health status and other factors, but the longest does not exceed 20 years.

The care after the victim's disability should determine the nursing level based on the degree of nursing dependence and the formulation of disabled auxiliary equipment.

(4) Transportation expenses

1. Transportation expenses refer to the cost of the victim and their necessary companions during the treatment of medical treatment or transfer of hospitals.

2. Calculation method: traffic compensation amount = traffic expenses actually incurred in medical treatment and transfers

The transportation fee shall be based on formal notes; relevant credentials shall be consistent with the location, time, number, and number of times.

(5) Residential food subsidy fees

1. Rescue food subsidy refers to the cost of the victim's expenditure due to the necessary diet consumption during the hospitalization.

2. Calculation method:

Residential food subsidy = the number of local staff of local national organs, the number of days of discharge subsidy (yuan/day) X hospital number

It is indeed necessary for the victim to go to the country to treat it. For objective reasons, they cannot be hospitalized. The actual accommodation and food fees that the victim and their accompanying persons actively occur shall compensate for their reasonable parts.

(6) Nutrition expenses

1. Nutritional costs refer to the cost of the victim during the diagnosis, in order to restore health in time, under the guidance and requirements of doctors, the cost of buying nutrients.

2. Calculation method:

Nutrition costs = actual necessary nutritional expenses (according to the opinions of the victim's disability, refer to the opinions of the medical institution)

3. The compensation period for nutritional fees can be entrusted to calculate the judicial appraisal agency, or it can be determined after the opinions of soliciting medical institutions.

(7) Disability compensation

1. Disabled compensation refers to the physical damage due to a considerable degree of personal damage, which causes the victim's physical disability or loss of labor, which causes their income to reduce their income or lose its source of life. In this case Essence

2. Calculation method:

Disables compensation = the per capita disposable income of urban residents on the place where the court is located in the year

(1) Determination of the period of compensation for disability compensation, the date of self -determination will be calculated from 20 years. But at the age of sixty years old, every one year old decreases by one year; those over the age of 75 are calculated at five years.

(2) If the victim is disabled but the actual income has not decreased, or the level of disability is lighter, but the occupation has seriously affected its labor employment, it may adjust the disability compensation accordingly.

(3) If the right holder can prove that the per capita disposable income of the residents of the residential residence or the frequent residential area is higher than that of the place where the court is located, the disability compensation or death compensation can Calculate related standards.

(8) Disability auxiliary appliance fee

1. Disability auxiliary appliances fee refers to a living self -service instrument in order to compensate their losing organs in order to compensate their lost organs, assist them to realize their self -care or engage in production labor. The expenses of expenditures such as wheelchairs.

2. Calculation method: Disabilities auxiliary equipment fee = reasonable cost of ordinary applicable appliances

(1) Those who need to formulate compensation functions due to disability shall, according to the certification or judicial appraisal opinion of the medical institution, combine the age of the user, the average life expectancy of our country, and the life of the use of appliances. Essence If the injury has special needs, you can refer to the opinions of the auxiliary appliance system to determine the corresponding reasonable cost standards.

(2) The replacement cycle and compensation period of the auxiliary appliances are determined by reference to the system.

(9) Funeral expenses

1. Funeral expenses refer to the necessary expenses for the victim to lose their lives due to personal injury.

2. Calculation method:

Funeral fee compensation = the average monthly salary of the annual employee (yuan/month) x6 month of the annual employee of the court where the court is located

(10) Death compensation

1. Death compensation refers to a certain amount of compensation costs given by the compensation obligations due to the loss of personal injury to lose their lives.

2. Calculation method:

Death compensation = The per capita disposable income of urban residents in the court where the court is located in the year

(1) Determination of death compensation compensation period, calculated in 20 years. But at the age of sixty years old, every one year old decreases by one year; those over the age of 75 are calculated at five years. (2) If the compensation right holder can prove that the per capita disposable income of the residents of the residential residence or the frequent place of residence is higher than the standard of the court where the court is located, the disabled compensation or death compensation can be followed. Calculate related standards.

(11) The living expenses for the supporter

1. The living expenses of the supporting person refers to the minor of adult close relatives who give the victim if they lose their ability to work or die due to their personal injury or death, and give the victims in accordance with the law. Maintain the cost of normal life a certain amount.

2. Calculation method

(1) If the supported person is a minor, it is calculated until the age of 18.

Living expenses = per capita consumption expenditure of urban residents × (18-actual age)

(2) The supporter is 18 to 60 years old, without labor and no other source of life, calculate 20 years.

Living expenses = per capita consumption expenditure of urban residents × 20 years

(3) The supported person is 60 to 75 years old, without labor and no other source of life. Each age of age is increased by 1 year.

Living expenses = per capita consumption expenditure of urban residents × [20- (actual age-60)] year

(4) The supported person is over 75 years old, without labor and no other source of life. It is calculated in 5 years.

Living expenses = per capita consumption expenditure of urban residents × 5 years

(5) When there are other supporters

Living expenses = living expenses for supporters ÷ number of supporters

(6) When there are several people being supported

The total amount of annual compensation ≤ per capita consumption expenditure of residents of urban residents

If there are other supporters who are supported, the obligations of compensation only compensate the victims that should be buried according to law. If there are several people who are supported, the total annual compensation does not exceed the per capita consumption expenditure of urban residents in the previous year.

(12) Psychological damage comfort gold

1. Psychological damage comfort refers to the victim and even the disability or death in the case of disability or death, and their close relatives are mentally traumatized in the case of severe personal injury or death. And a certain amount of compensation for its close relatives.

2. Calculation method

The explanation of the Supreme People's Court's explanation of the Supreme People's Court on the Supreme People's Court on Determining Several Issues of Determination of Civil Infringement Mental Damage Compensation "is determined.

16. Disables due to a traffic accident, if the victim is over the determined compensation period, if the victim once again advocates that the infringer continues to pay the disability compensation, will it support it?

It should be supported.

【Dharma Reference】

"Interpretation of the Supreme People's Court on Several Issues of Law on the Application of Laws of Personal Damage Compensation Cases" Article 19 exceeds the period of nursing period, auxiliary appliance fee payment period, or the annual limit of disability compensation. If the fee, auxiliary equipment fee or disability compensation, the people's court shall accept it. If the person with compensation must continue to care and formulate auxiliary appliances, or if there is no labor ability and source of life, the people's court shall order the compensation obligor to continue to pay for the relevant fee for five to ten years.

17. What is the order of claims after traffic accidents?

The order of compensation for commercial compensation should be followed first, and the insurance company shall be compensated within the scope of the liability limit of the traffic insurance. If the part that exceeds the limit of liability, if the commercial three liability insurance has been insured, the insurance company will claim the claim in accordance with the content of the three commercial insurance contracts, and the part that exceeds the three commercial liability insurance shall be borne by the individual; if there is no insurance for the business of the business, the remaining part will be the remaining part of the remaining part. The scope of the accident responsibility shall be borne by individuals.

18. What is the liability limit for traffic insurance and commercial insurance?

(1) Limited liability for traffic insurance

Motor vehicle traffic accident liability for compulsory insurance is a personal casualties and property losses caused by insurance companies to cause road traffic accidents (excluding the car and the insurer) of the insurance company. Liability Insurance.

The compensation limit for the liability of the insurance motor vehicle in the road traffic accident is: RMB 1,80,000 for the compensation limit for death and disability; the limit of the compensation for medical expenses is 18,000 yuan; the amount of property loss compensation is 2,000 yuan.

The compensation limit of the insurance accident in the road traffic accident is: RMB 18,000 for death and disability compensation; the limit of medical expenses compensation is 1,800 yuan; the limit of property loss compensation is 100 yuan.

(2) Limited liability for the business

The liability limit for the three commercial insurance is determined according to the insurance rate and the agreed between the two parties.

19. The scope of the exemption of strong insurance?

(1) Loss of traffic accidents caused by the victim's intention;

(2) All property of the insured and the loss of property on the insurance motor vehicle;

(3) Traffic accidents in the insurance motor vehicle caused the victims to stop, stop, stop, stop, stop, stop production, stop production, communication or network interruption, data loss, voltage changes, etc. Various indirect losses such as depreciation and loss caused by changes and loss caused by decreased value;

(4) Arbitration or litigation costs and other related expenses caused by traffic accidents.

Twenty, the owner of the motor vehicle uses the license plate to use the license plate and charges the deck fee. After a traffic accident in this deck, is it responsible? "Explanation of the Supreme People's Court on the Application of Laws of the Case of Damage to the Road Traffic Accidents" (Amendment to the Application of Laws "(Amendment of 2020) stipulates that a traffic accident in the deck of the decks causes damage. If the owner or manager of the motor vehicle shall bear the liability of compensation, the people's court shall support it; if the owner or the manager of the deck of the motor vehicle shall agree to the deck, shall bear the joint responsibility with the owner or manager of the deck of the deck.

Twenty -one, in a traffic accident, can the personal physical condition of the infringer expand the consequences of damage, can it reduce the responsibility of the infringer?

The victim of the traffic accident is not at fault, and the impact of the physical condition on the consequences of damage does not belong to the legal situation that can reduce the liability of the infringer. (See the Supreme People's Court Guidance Case No. 24)

Twenty -two, pregnant women to terminate pregnancy due to traffic accidents, have it the right to ask for mental damage compensation?

After the traffic accident, the victim affected the healthy development of the fetus due to CT examination, and chose to terminate pregnancy under the advice of the doctor. The related costs incurred are related to the cause and effect of the traffic accident. gold.

Twenty -three, after the traffic accident was identified as a motor vehicle, who should bear the liability for compensation?

Electric vehicle manufacturers are produced in the name of non -motorized vehicle but they are actually identified as motor vehicles. There are defects in product warning descriptions, misleading consumers, causing an unreasonable danger of the accident. If a traffic accident and an electric bicycle are identified as a motor vehicle, the electric bicycle manufacturer shall bear the liability for compensation.

Twenty -four, a criminal liability for traffic accidents?

The occurrence of traffic accidents may involve the crime of traffic accidents, the crime of death, the crime of intentional homicide, and the crime of harming public safety by dangerous methods.

Twenty -five, the difference between the crime of traffic accidents and the crime of death?

Article 133 of the Criminal Law violations of transportation management regulations, and a major accident occurs, causing serious injuries, death, or suffering from major losses of public and private property, it will be sentenced to imprisonment or detention of less than three years; If there are other particularly bad plots, they will be imprisoned for more than three years and seven years; those who die due to escape will be sentenced to more than seven years in prison.

Article 233 of the Criminal Law who has lost death will be imprisoned for three years and seven years; if the circumstances are relatively mild, they will be sentenced to three years in prison for three years. If there are other regulations in this law, in accordance with regulations.

Both are crimes of negligence, but the two are special and general. If a traffic accident occurs on public transport roads, it may constitute a crime of traffic accident; if a motor vehicle accident occurs on a road that does not allow social vehicles to pass, it may constitute a crime of loss of death.

26. The difference between intentional homicide, the crime of harming public safety by dangerous methods, and the crime of traffic accidents?

Article 232 of the Criminal Law deliberately kills, the death sentence, life imprisonment, or more than ten years in prison; those who are lighter in the case will be sentenced to less than three years and less than ten years.

Article 114 of the Criminal Law Article 114, the arson, explosion, and the storage of toxicity, radioactivity, infectious diseases such as primary or other dangerous methods to harm public safety in other hazardous methods, and have not caused serious consequences. A fixed -term imprisonment.

Article 115 of the Criminal Law Article 115, the arson, the explosion, and the storage of toxicity, radioactivity, infectious diseases such as primary or other dangerous methods are seriously injured, died, or caused major losses to public and private property. The above imprisonment, life imprisonment or death sentence.

The crime of intentional homicide and the crime of harm to public safety in danger are deliberate crimes. The biggest difference between the two is: whether the behavior of the perpetrator is harmful to public safety, that is, the actor is aimed at specific objects or for unspecified lives, health, health, health, and health. Criminal acts with property security. If a specific object constitutes intentional homicide, if it is not specific, it will constitute a crime of harming public safety by dangerous methods.

The difference between the crime of hazarding the crime of public safety and traffic accidents is mainly due to the subjective or fault of the subjective of the crime. For example, it is also a drunk driving. If the perpetrator is only driving after alcohol and a traffic accident causes the victim to be seriously injured or died, it may be considered a crime of traffic accident, because although the actor is deliberate after drunk driving, but the result is the result of the result, but the result is the result of the results. The occurrence of negligence; but if you drive after drinking and collide with multiple vehicles in a row, which causes some victims to be seriously injured or died, it will eventually be forced to stop. It can be determined that the perpetrators are subjective negligence, but the perpetrators have not stopped, and there are many collisions in the future. The actor should be subjectively identified as intentional.

Twenty -seventh, constituting a crime of traffic accident?

According to the "Explanation of Several Issues of Specific Criminal Cases of Trial of Traffic Accidents", Article 2, Fourth, and VII of the second, fourth, and 7th,

(1) If a traffic accident has one of the following circumstances, it is imprisoned or detained for less than three years:

1. One person or more seriously injured one or more, all the accidents or the main responsibility;

2. Death of more than three people, which is equally responsible for accidents;

3. Direct losses of public property or property of others, all or main responsibilities, and cannot compensate the amount of more than 300,000 yuan. 4. Traffic accidents cause more than one person to be seriously injured, all or main responsibilities of the accident, and one of the following circumstances shall be punished for crime of traffic accident:

(1) After drinking, driving motor vehicles after taking drugs;

(2) No driving qualification driving motor vehicles;

(3) Knowing that it is a motor vehicle with incomplete safety devices or the failure of safety machines;

(4) Knowing that it is an unlicensed or scrapped motor vehicle;

(5) Seriously overloaded;

(6) In order to avoid the law of escape from the law.

(2) If a traffic accident has one of the following situations, it belongs to "there are other particularly bad plots", and in prison for three years and seven years:

1. Death of more than two or more seriously injured five or more people, all or main responsibilities;

2. Death of more than six people, which is equally responsible for accidents;

3. Direct losses of public property or other people's property, all or main responsibilities of the accident, and cannot compensate for more than 600,000 yuan.

(3) Instructed by the person in charge of the unit, the owner of the motor vehicle, or the motor vehicle contractor, and the force of the other person, the other person's illegal driving causes a major traffic accident. If there is one of the stipulated cases of the (1) item, the crime is punished by the traffic accident.

28. What is criminal understanding?

The criminal understanding of the traffic accident is a reconciliation of the results of criminal cases of the victims of criminal cases and suspects or their families, and a legal written document issued by the victim's party.

29. Does the criminal understanding notice affect the sentencing?

The criminal understanding letter belongs to the discretion of the law. It is completed in the session of the public prosecution to the court.

Source: Legal Opinions, Close to the Code of the People's Congress, the Supreme People's Court Judicial Case Research Institute, Shandong Gao Law

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