Second, the traffic accident death:
Compensation should be paid for mental damages, funeral expenses incurred by the victim's relatives due to work, living expenses of the dependents, death compensation, transportation expenses, accommodation expenses, lost time, etc. The specific amount is comprehensively calculated according to the household registration of the deceased, local statistical data, number of dependents, age and local living standards.
These include:
1. Funeral expenses are calculated according to the average monthly salary of employees in the last year where the Court of Appeal is located.
2. The living expenses of the dependents are calculated according to the degree of the dependents' loss of working ability and the per capita consumption expenditure of urban residents and rural residents in the last year where the appealed court is located. If the dependant is a minor, it shall be calculated at the age of eighteen; If the dependent has no ability to work and no other source of income, it shall be counted as 20 years. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years.
3. The death compensation shall be calculated according to the per capita disposable income of urban residents or the per capita net income of rural residents in the last year where the court of appeal is located, and the calculation period shall be twenty years. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years.
Third, the driver admitted to drinking. If it is a criminal case investigation, there must be an alcohol content test, and blood must be drawn for alcohol content test as soon as the accident occurs. The blood sample taken after three days will definitely be inaccurate.
Fourth, the driver of our accident, one dead and one injured, never got off the bus to save people, but called someone for help. This article can't aggravate his responsibility.
Verb (abbreviation of verb) the Supreme People's Court's explanation on some issues concerning the specific application of law in the trial of criminal cases of traffic accidents (2000.1.15 Law Interpretation [2000] No.33).
Rule number one. Personnel engaged in transportation or non-transportation who violate traffic rules and have a major traffic accident shall be convicted and punished in accordance with the provisions of Article 133 of the Criminal Law on the basis of distinguishing the responsibility for the accident.
Article 2 If a traffic accident occurs under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention:
(a) one person died or more than three people were seriously injured, and they were fully or mainly responsible for the accident;
(2) An accident in which three or more people died and were equally responsible;
(3) Causing direct losses to public property or other people's property, and being wholly or mainly responsible for the accident, and being unable to compensate for the amount of more than 300,000 yuan.
If a traffic accident causes serious injuries to more than one person, and bears all or the main responsibility for the accident, and has one of the following circumstances, he shall be convicted and punished for the crime of traffic accident:
(a) driving a motor vehicle after drinking or taking drugs;
(2) Driving a motor vehicle without driving qualification;
(three) driving a motor vehicle knowing that the safety device is incomplete or the safety components are out of order;
(four) knowing that it is an unlicensed or scrapped motor vehicle;
(five) serious overload driving;
(six) to escape from the scene of the accident in order to escape legal investigation.
According to the above provisions, as long as the actor meets any of the above provisions, he can bear criminal responsibility.