Traffic accident lawyer

Legal analysis: As a mediator of traffic accidents, lawyers have the following advantages:

1. professional advantages: lawyers are full-time staff, specializing in handling all kinds of disputes. They are familiar with all kinds of laws and regulations and skillfully handle all kinds of disputes. They have professional advantages that no other group mediation can match.

2. Advantages of professional motivation: Because of professional needs, lawyers can often take the initiative to communicate with each other, reach an agreement on some issues, and act as mediators between the parties. This is unmatched by the mediation of grass-roots organizations such as public security traffic control organs and courts.

3. Advantages of flexible means: Lawyers can often choose any scheme acceptable to both parties, and there is no requirement for the choice of mediation place and time. As long as lawyers have time, mediation can be conducted anywhere day and night.

Legal basis: Article 133 of the Criminal Law of People's Republic of China (PRC) violates traffic regulations, resulting in a major accident, causing serious injury, death or 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.

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 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;

(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 "Escaping after a traffic accident" refers to the behavior of the actor who escapes from legal investigation after a traffic accident under any of the circumstances specified in Items 1 and 2 (1) to (5) of Article 2 of this Interpretation.