Drivers who kill pedestrians on expressways are not criminally liable, but bear civil liability. The driver is not at fault, but the pedestrian is at fault. General drivers are responsible for 1% to 30%, and pedestrians are responsible for 90% to 70%. Compensation calculation includes medical expenses, lost time, hospital food subsidies, nursing expenses, funeral expenses, living expenses of dependents, transportation expenses, accommodation expenses, direct property losses, spiritual damages and death compensation. The specific calculation formula needs to be determined according to local laws and regulations, and the local lawyer can be consulted for more detailed information.
1. What responsibility should a pedestrian be killed by an expressway?
Killing people on the highway does not bear criminal responsibility, but it needs to bear civil responsibility. As for civil liability, because it is an expressway, the driver can't expect to hit someone, so there is no fault. The deceased knew it was a highway, but he didn't avoid it. There was a fault. Therefore, drivers are generally responsible for 1% to 30%, and the deceased is responsible for 90% to 70%.
Second, how to compensate people killed by highways?
1, calculation formula of medical expenses compensation amount
Medical expenses compensation = medical expenses+medical expenses and hospitalization expenses (such as laboratory expenses and inspection fees). )
Note: The amount of compensation for medical expenses is determined according to the amount actually incurred before the end of the debate in the court of first instance.
2. The formula for calculating the amount of compensation for lost time.
Compensation amount for lost time = lost time income (day/month/year) * lost time.
Note: The calculation base of lost time (lost time income) is calculated according to the following methods: ① If the victim has a fixed income, lost time is calculated according to the actual reduced income; ② If the victim has no fixed income, it shall be calculated according to his average income in the last three years; (3) If the victim can't prove his average income in the last three years, he can refer to the average salary of employees in the same industry or similar industries where the Court of Appeal is located in the previous year.
3, the calculation formula of the amount of compensation for food subsidies in hospital
Compensation amount of food subsidy for hospitalization = standard of food subsidy for general staff of state organs on business trip (yuan/day) hospitalization days.
Note: The compensation standard of in-hospital food allowance varies from place to place, and it needs to be determined according to the relevant laws and regulations of each place. Please consult your local lawyer for specific suggestions.
4, the calculation formula of nursing fee compensation amount
(1) If the nursing staff has income, it shall be calculated with reference to the provisions of the lost time fee;
② If the nursing staff have no income or employ nursing staff, it shall be calculated with reference to the local labor remuneration standard for nursing staff at the same level:
The amount of compensation for nursing expenses = the reward standard of nursing service for nurses at the same level in the place where the traffic accident occurred * the number of nursing days.
5. Calculation formula of funeral expenses
Compensation for funeral expenses = average monthly salary of employees in the last year where the Court of Appeal is located * months.
6. The formula for calculating the living expenses of the dependents
Dependent living expenses compensation amount = per capita annual living consumption expenditure of urban and rural residents in the last year where the court of appeal is located? Maintenance years
Note: years of support: ① If the dependent is a minor, it is calculated as 18 years old;
(2) If the dependent has no ability to work and no other source of income, it shall be calculated as 20 years. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years.
7. Compensation for transportation expenses = actual expenses incurred.
Note: the transportation fee is subject to the official bill; Relevant credentials shall be consistent with the place, time, times and frequency of medical treatment.
8. Residence
Accommodation compensation amount = accommodation standard for general staff of state organs on business trip * accommodation time
9. Direct property losses
Compensation for direct property loss = direct loss of damaged property
10, mental damage compensation
1 1, the calculation formula of death compensation
Death compensation = per capita income of urban and rural residents in the previous year where the court of appeal is located * compensation period.
Note: Compensation period: calculated as 20 years. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years.
From the above, we can know that killing people on the highway does not need to bear criminal responsibility, but it needs to bear civil responsibility. And the driver is not at fault, and the pedestrians are at fault. Therefore, drivers are generally responsible for 1% to 30%, and the deceased is responsible for 90% to 70%. The specific provisions are as above. If you have other problems to solve, please consult an online professional lawyer online.
Legal basis:
Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China;
Chapter III Road Traffic Conditions
Article 30 Traffic signs are divided into: indicating signs, warning signs, prohibition signs, guiding signs, tourist area signs, road construction safety signs and auxiliary signs. Road traffic markings are divided into: indicating markings, warning markings and forbidden markings.