2. The landlord must first understand a problem that traffic accidents do not necessarily constitute traffic accidents; Traffic accidents refer to all acts that violate the road traffic safety law. There are many illegal acts that you can imagine, almost all of which are traffic accidents. The crime of causing traffic accidents is a matter of the degree of harm, and there are two standards. If a traffic accident seriously reaches these two standards, it constitutes a traffic accident crime, and the standard of people is one death and three serious injuries; Property standards range from 300,000 to 600,000, and different regions make their own local standards because of the differences in local economic development.
3. If it is an ordinary traffic accident, only bear civil liability, that is, lose money; If you meet the standard of traffic accident crime, you will bear criminal responsibility.
4. Combined with the specific case of the landlord:
(1) There has been one death, traffic accident and crime.
(2) The new Road Traffic Law attaches great importance to the right to life, stipulating that as long as a motor vehicle collides with a non-motor vehicle, unless the non-motor vehicle driver or himself wants to commit suicide, the motor vehicle shall be held fully responsible; When a motor vehicle collides with a motor vehicle, it depends on the specific situation. When judging a case, the general court will share the responsibility with reference to the responsibility letter made by the traffic administrative organ, that is, the traffic police; Here the landlord did not further explain the relevant situation, so it is impossible to judge. He can only tell you that if the traffic police find you illegal, you may take full responsibility or most of the responsibility. If the traffic police determines that the motorcycle is illegal, he is mainly responsible. If both parties violate the law, according to the principle of fairness, the responsibility will be single.
(3) Those who bear criminal responsibility have committed traffic accidents. According to the law, a person who has been sentenced to fixed-term imprisonment of more than three years or public surveillance or criminal detention has just reached the conviction standard for the crime of causing traffic accidents, and one person dies, and all "company" sentences will not be very heavy; Why do you say "even if"? Because the crime of causing traffic accidents is generally not judged in judicial practice, unless the circumstances are particularly bad and the social impact is extremely great, such as being killed by the rich second generation; Your situation is obviously not bad enough and huge enough. According to judicial practice, you should not be sentenced. Of course it depends on the specific situation. If the court finds that you are fully responsible or not, then you must take the initiative and take responsibility with a good attitude, that is, take the initiative to lose money. The court will say that the defendant is exempted from criminal punishment because of his good attitude of pleading guilty.
(4) Be sure to consult a lawyer, whether in court or not, because what you said is not clear, and I don't know the specific situation. I can simply help you analyze it and consult your local lawyer.
(5) If the court finds that you are fully or mainly responsible, you should take the initiative to lose money to reduce your criminal responsibility; But be careful, losing money on your own initiative doesn't mean that you will be blackmailed by the other party and let the other party charge exorbitant prices. You only need to bear the legal responsibility for compensation. Generally speaking, you can pay as much as you want, and ask the other party to take care of the excess.
(6) At present, the judicial system in China is rubbish, especially in small places, where there is no law at all. If you have local connections, go to them, which is much more important than lawyers, haha.
Finally, I'll give you a suggestion. The other party is dead. Think about it. He also has relatives. No matter who is wrong, the right to life is the most important. We say death is great, don't you think? If your economic conditions permit, spend more time with you, do good deeds and accumulate virtue.
Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.