I. Legal Consequences of Death Caused by Traffic Accidents
Death caused by traffic accidents is a serious legal event, which involves both criminal and civil legal responsibilities. In criminal aspect, the perpetrator may face criminal charges such as traffic accident crime; In civil matters, it involves compensation to the families of the victims. Therefore, for the families of victims, how to safeguard their own rights and ensure fair compensation is a problem that needs attention.
Second, the role of lawyers in traffic accidents causing death cases
Lawyers play an important role in traffic accidents that cause death. First of all, lawyers can help victims' families understand relevant laws and regulations and clarify their rights and responsibilities. Secondly, lawyers can assist victims' families to collect evidence, sort out materials and prepare for the follow-up compensation litigation. In addition, lawyers can also negotiate with the victim or his insurance company on behalf of the victim's family to obtain maximum compensation. Finally, if the problem cannot be solved through consultation, lawyers can also bring a lawsuit to the court on behalf of the victim's family to safeguard their legitimate rights and interests.
Third, matters needing attention in choosing a lawyer
The victim's family should pay attention to the following points when choosing a lawyer: First, choose a lawyer with rich experience and professional knowledge to ensure that the case is properly handled; Secondly, we should understand the lawyer's charging standard and payment method to avoid the influence of charging on the progress of the case; Finally, we should establish a good communication mechanism with lawyers to keep abreast of the progress of the case and possible problems.
To sum up:
Whether you want to find a lawyer when a traffic accident causes death needs to be decided according to the specific situation. If complicated compensation and liability determination issues are involved, it is suggested that the victim's family should consult and represent with a professional lawyer. When choosing lawyers, we should pay attention to choosing lawyers with rich experience and solid professional knowledge, and establish a good communication mechanism with lawyers to ensure that cases are properly handled.
Legal basis:
Road Traffic Safety Law of the People's Republic of China
Article 76 provides that:
If a traffic accident of a motor vehicle causes personal injury or property loss, the insurance company shall make compensation within the liability limit of compulsory motor vehicle third-party liability insurance; The insufficient part shall be liable for compensation in accordance with the following provisions:
(1) In case of a traffic accident between motor vehicles, the party at fault shall be liable for compensation; If both parties are at fault, they shall share the responsibility according to their respective fault proportions.
(two) motor vehicles and non-motor vehicle drivers and pedestrians have traffic accidents, and the non-motor vehicle drivers and pedestrians are not at fault, and the motor vehicle party shall be liable for compensation; If there is evidence that non-motor vehicle drivers and pedestrians are at fault, the liability for compensation of the motor vehicle party shall be appropriately reduced according to the degree of fault; If the motor vehicle party is not at fault, it shall be liable for compensation not exceeding 10%.
The loss of traffic accidents is caused by non-motor vehicle drivers and pedestrians deliberately colliding with motor vehicles, and the motor vehicle party is not liable for compensation.
Criminal law of the people's Republic of China
Article 133 stipulates:
In violation of traffic regulations, a major accident occurs, causing serious injury, death or heavy losses to public or private property, and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever escapes after a traffic accident or has other particularly bad circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever escapes and causes death shall be sentenced to fixed-term imprisonment of not less than seven years.