Legal Analysis
In a traffic accident in which the perpetrator is fully responsible, if the victim dies for more than seven days, even if he is criminally liable, the execution can be suspended and compensation will be paid according to the death standard. . Unless it is proven that the death during the period was caused by a medical accident, compensation may not be paid according to the death standard. Whether the victim has analyzed the cause of death and whether there is a causal connection between the death and the traffic accident. If so, the party responsible for the accident bears full responsibility and is very likely to bear criminal liability. If the victim suffers personal injury, the compensation obligor shall compensate all expenses such as medical expenses and income lost due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospitalization food subsidies and necessary nutrition expenses. If the victim is disabled due to injury, the injured party shall also compensate for the necessary expenses incurred due to the increase in daily life needs and the loss of income caused by the loss of working ability, including disability compensation, disability assistive devices, dependents' living expenses, and the loss of income due to the loss of work ability. Necessary rehabilitation fees, nursing fees and follow-up treatment fees for actual expenses for rehabilitation care and continued treatment. If the victim dies, the party responsible for the accident shall, in addition to compensation for medical-related expenses based on the rescue and treatment conditions, also compensate for funeral expenses, living expenses for dependents, death compensation, as well as transportation expenses, accommodation expenses, and missed work expenses incurred by relatives of the victim in handling the funeral. fees and other reasonable expenses.
Legal Basis
Article 133 of the "Criminal Law of the People's Republic of China" Violates traffic regulations, resulting in a major accident, causing serious injury or death, or causing heavy losses to public or private property Those who escape after a traffic accident or have other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; if their escape causes death, they shall be sentenced to fixed-term imprisonment of not less than seven years. Article 133 (1) Anyone who drives a motor vehicle on the road and falls under any of the following circumstances shall be sentenced to criminal detention and shall also be fined: (1) Driving in a chase and racing, with serious circumstances; (2) Driving a motor vehicle while drunk ; (3) Engaging in school bus business or passenger transportation, seriously exceeding the rated passenger capacity, or driving at a speed seriously exceeding the prescribed speed; (4) Violating the safety management regulations of hazardous chemicals and transporting hazardous chemicals, endangering public safety. Motor vehicle owners and managers who are directly responsible for the acts in Items 3 and 4 of the preceding paragraph shall be punished in accordance with the provisions of the preceding paragraph. If the acts in the preceding two paragraphs constitute other crimes at the same time, they shall be convicted and punished in accordance with the provisions of heavier penalties. Article 133-2 Whoever uses violence against a driver of a running public transport or snatches the driving control device, interferes with the normal operation of the public transport, and endangers the safety of the public transport shall be sentenced to fixed-term imprisonment of not more than one year or criminal detention Or control, and impose or solely impose a fine. If a driver in the preceding paragraph leaves his post without authorization on public transportation, fights with or beats others, thereby endangering the safety of public transportation, he shall be punished in accordance with the provisions of the preceding paragraph. If the acts in the preceding two paragraphs constitute other crimes at the same time, they shall be convicted and punished in accordance with the provisions of heavier penalties.