Legal analysis
How much compensation should be paid depends on many factors, such as the size of the responsibility and the nature of the elderly's household registration. Motorcycle collision does not necessarily constitute a traffic accident. The specific situation should be analyzed in combination with the actual situation, and we should not blindly draw conclusions. According to the relevant laws and regulations of our country, traffic accident crime refers to a criminal act that violates the road traffic management regulations, causes a major traffic accident, causes serious injury, death or heavy losses to public and private property, and is investigated for criminal responsibility according to law. Therefore, if a motorcycle causes casualties after a traffic accident and reaches a major standard, it may constitute a traffic accident crime. If it is a minor injury, it can be solved as long as it is actively handled. The crime of causing traffic accidents refers to the act of violating traffic regulations and causing serious injuries, deaths or heavy losses to public and private property. Non-transportation personnel can also be the subject of this crime, and there is no need to impose some restrictions on non-transportation personnel. On the one hand, criminal law does not restrict the subject of behavior; On the other hand, people who are not engaged in transportation may completely violate the transportation management laws and regulations, causing traffic accidents, and it is reasonable to identify it as a traffic accident crime. Where there are other provisions in the law, those provisions shall prevail.
legal ground
Article 133 of the Criminal Law of People's Republic of China (PRC) violates traffic laws and regulations, thus causing serious accidents, causing serious injuries or deaths or causing 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. Article 133 (1) Whoever drives a motor vehicle on the road under any of the following circumstances shall be sentenced to criminal detention and fined: (1) Chasing for racing and the circumstances are vile; (two) drunk driving a motor vehicle; (three) engaged in school bus business or passenger transport, seriously exceeding the rated passengers, or seriously exceeding the prescribed speed; (4) transporting dangerous chemicals in violation of the provisions on the safety management of dangerous chemicals, which endangers public safety. Motor vehicle owners and managers who are directly responsible for the acts mentioned in the third and fourth paragraphs of the preceding paragraph shall be punished in accordance with the provisions of the preceding paragraph. Whoever commits the acts mentioned in the preceding two paragraphs and constitutes other crimes at the same time shall be convicted and punished in accordance with the provisions of heavier punishment. Article 133 bis Whoever uses violence against the driver of a moving public transport or seizes the driving control device to interfere with the normal operation of public transport and endanger the safety of public transport shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or public surveillance and shall also, or shall only, be fined. If the driver of the preceding paragraph leaves his post without permission on public transport, fights with others or beats others, thus endangering the safety of public transport, he shall be punished in accordance with the provisions of the preceding paragraph. Whoever commits the acts mentioned in the preceding two paragraphs and constitutes other crimes at the same time shall be convicted and punished in accordance with the provisions of heavier punishment.