What should I do if a traffic accident causes the death of the same passenger?
Car accidents are fiercer than tigers, and speeding is a tragedy. However, the accident caused by speeding caused the death of the same car. Many people may question whether a unilateral accident constitutes a traffic accident, but the answer is yes. Recently, the People's Court of yintai district, Tongchuan City sentenced the defendant Cui Warring States to one year's imprisonment and suspended for one year.
Case review
On the morning of May 22nd, 20 13, the defendant Cui drove all his Honda Accord cars from yanshi city, Henan Province to Yan 'an, Shaanxi Province. At about 0/3 o'clock on the same day, go to 723KM+500M from Xi 'an of Baomao Expressway to Yulin. Due to speeding, the vehicle hit the road construction sign placed on the left side of the road ahead, and then drove out of the road and hit the right side. Defendant Cui and passenger Li were injured. The victim, Li Jing, was sent to yijun county People's Hospital and died of traumatic hemorrhagic shock on the same day 14. It was determined by the traffic police department of the public security that Cui, the defendant, should take full responsibility for the accident because of speeding and causing a traffic accident. The victim Li is not responsible for the accident.
Final test result
After the incident, the defendant did not dare to flee the scene. 2013165438+10.8, the public security organ pursued the defendant Cui online, and on August/kloc-0.5, the defendant Cui surrendered himself to the public security organ. The defendant Cui and the victim Li's family reached a mediation agreement to compensate the victim Li's family for various losses totaling RMB 450,000. The victim's family expressed their understanding to the defendant Cui.
Knowledge expansion
The court held that the defendant Cui was driving a motor vehicle, violating the provisions of the Road Traffic Safety Law of the People's Republic of China, speeding, causing a major traffic accident in which the passenger Li died and injured himself, taking full responsibility for the accident, and his behavior constituted a traffic accident. The fact that the public prosecutor accused the defendant Cui of committing a traffic accident and the charges were established and should be supported. After the defendant Cui was chased by the public security organs online, he was able to voluntarily surrender and truthfully confess his criminal facts, which constituted surrender and could be given a lighter punishment according to law. The defendant Cui compensated the victim's family for economic losses and obtained the understanding of the victim's family. Can be given a lighter punishment as appropriate. According to the ascertained facts, the 20km/h section was driving at the speed of 10km/h, which was the direct cause of the accident, and this case was a negligent crime. Therefore, the defender argued that the victim did not wear a seat belt and failed to fulfill his duty of safety care, and there was a certain fault. The view that the defendant is exempted from criminal punishment cannot be established and will not be adopted. According to the defendant's criminal circumstances and repentance performance, combined with the community correction investigation and evaluation opinions issued by the judicial bureau of his domicile, the defendant Cui Can was suspended, and the court made the above judgment according to law.
The law is just and every citizen is treated equally. In this case, we can see that if the driver illegally drives a car and causes a traffic accident, the driver bears the main responsibility. If the driver causes the death of the same car, the two sides will negotiate to solve it. Those who can take the initiative to take responsibility and surrender themselves can be given a lighter punishment. We should all love and respect life and make flower of life more beautiful! Please consult a professional lawyer if you have any other questions.
@20 19