Article 22 of the Road Traffic Safety Law stipulates that motor vehicle drivers should abide by the provisions of laws and regulations on road traffic safety and drive in a safe and civilized manner in accordance with operational norms. Drinking alcohol, taking psychotropic drugs or narcotic drugs under state control, or suffering from diseases that hinder safe driving of motor vehicles, or excessive fatigue affects safe driving, are not allowed to drive motor vehicles.
The driver was drunk and retrograde, which has violated traffic regulations.
The Notice of the Ministry of Public Security on Revising the Classification Standard of Road Traffic Accidents stipulates that a major accident refers to an accident that causes 1 to two deaths, or seriously injures more than three people but is less than 10, or causes property losses of more than 30,000 yuan but less than 60,000 yuan.
The driver killed two people and injured one, which has caused a major traffic accident.
Article 133 of the Criminal Law stipulates that those who violate traffic laws and regulations, thus causing serious accidents, causing serious injuries, deaths or heavy losses to public or private property, 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.
The driver who ran away after killing someone has violated the criminal law.
Since the driver has violated the criminal law, the public prosecution organ (procuratorate) should prosecute him (that is, to the court).
Therefore, in criminal matters, please actively cooperate with the public prosecution to investigate and collect evidence. Of course, it is necessary to call the police after committing a crime.
Second, the civil aspect.
Article 17 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases stipulates that if the victim dies, the compensation obligor shall pay the relevant expenses stipulated in the first paragraph of this article in addition to the rescue and treatment needs, and shall also compensate the funeral expenses, living expenses of the dependents, death compensation and other reasonable expenses such as transportation, accommodation and lost time.
Article 1 of the Supreme People's Court's Interpretation on Several Issues Concerning Determining the Liability for Compensation for Mental Damage in Civil Torts stipulates that if a natural person is infringed by the following personality rights and brings a lawsuit for compensation for mental damage to the people's court, the people's court shall accept it according to law: (1) the right to life, the right to health and the right to body. And Article 7: If a natural person dies due to tort, or his personality and body are infringed after death, and the spouse, parents and children of the deceased bring a lawsuit for compensation for mental damage to the people's court, their spouses, parents and children shall be listed as plaintiffs.
Article 18 of Tort Liability Law stipulates that if the infringed dies, his close relatives have the right to request the infringer to bear tort liability.
Therefore, the family members of the deceased may request the driver to compensate for funeral expenses, death compensation, living expenses of the dependents, transportation expenses incurred by close relatives due to handling the funeral, lost time expenses incurred by close relatives due to handling the funeral, and spiritual damages. If the deceased is hospitalized during the period, medical expenses, nursing expenses, food subsidies, lost time and nutrition expenses may increase.
If the family members of the deceased are not satisfied with the compensation plan drawn up by the public prosecution agency, they can also find a lawyer to file a private prosecution.
In addition, according to Article 53 of the Tort Liability Law, if a motor vehicle driver escapes after a traffic accident, the insurance company shall compensate him within the liability limit of compulsory motor vehicle insurance; If the motor vehicle is unknown or the motor vehicle does not participate in compulsory insurance, and it is necessary to pay the rescue and funeral expenses of the infringed person's personal injury or death, it shall be paid in advance by the social assistance fund for road traffic accidents. After the social assistance fund for road traffic accidents is advanced, its management institution has the right to recover from the person responsible for traffic accidents.
The family of the deceased can claim compensation from the insurance company first.