The determination of disability in driving collision depends on many factors, including the specific circumstances of the accident, the determination of responsibility, the degree of injury and so on. Generally speaking, if the driver is mainly responsible for the accident and causes serious injuries, he may face criminal liability and civil compensation.
In terms of criminal matters, according to the provisions of the Criminal Law of People's Republic of China (PRC), driving or hitting a disabled person may constitute a crime of causing traffic accidents, and the driver may be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and may also or only be fined. If the circumstances are serious, he may be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and fined.
In civil matters, victims can claim compensation from drivers, including medical expenses, nursing expenses and disability compensation. The court will make a judgment according to the specific circumstances to determine the amount of compensation and the distribution of responsibilities.
It should be noted that each case has its own unique circumstances and legal provisions, and the final verdict may be different. Therefore, it is suggested that professional lawyers should be consulted to obtain more accurate legal advice and guidance when dealing with such problems.
To sum up:
The determination of disability in driving collision depends on many factors, including the specific circumstances of the accident, the determination of responsibility, the degree of injury and so on. In criminal matters, drivers may face charges of traffic accidents; In civil cases, the victim can claim compensation from the driver. It is suggested that professional lawyers should be consulted to get more accurate legal advice and guidance when dealing with such problems.
Legal basis:
Article 133 of the Criminal Law of People's Republic of China (PRC): Whoever violates traffic rules and thus causes a major accident, causing serious injury, death 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.
Article 1 179 of the Civil Code of People's Republic of China (PRC): Anyone who infringes on others and causes personal injury shall compensate for medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital food subsidies and other reasonable expenses for treatment and rehabilitation, as well as the income reduced due to absenteeism. If it causes disability, it shall also compensate for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be paid.