In the case you stated, as long as the driver bears the same responsibility, it is suspected of traffic accident; Those who bear the main responsibility or full responsibility shall be given a heavier sentence.
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.
Article 2 A traffic accident in the basic punishment shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention under any of the following circumstances:
(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;
(4) Driving with knowledge of unlicensed or scrapped motor vehicles;
(five) serious overload driving;
(six) to escape from the scene of the accident in order to escape legal investigation.
Article 3 Escape is defined as "escape after a traffic accident", which refers to the behavior of the actor who escapes after a traffic accident in order to avoid legal investigation under the circumstances specified in the first and second paragraphs (1) to (5) of Article 2 of this Interpretation.
Article 4 Definition of Bad Circumstances A traffic accident in any of the following circumstances shall be regarded as "other particularly bad circumstances" and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years:
(a) causing two or more deaths or five or more serious injuries, and taking full or main responsibility for the accident;
(2) An accident in which more than six people died and were equally responsible;
(3) Causing direct losses to public property or other people's property, taking full or main responsibility for the accident and unable to pay compensation of more than 600,000 yuan.