In recent years, with the sustained development of China's social economy, the number of motor vehicles and drivers has surged, and the quality of drivers is uneven. Some people ignore traffic management laws and regulations, which greatly increases the illegal crimes of driving motor vehicles and seriously affects everyone's personal and property safety. The death toll from traffic accidents has been high. How to deal with traffic accidents? How should I compensate? See what the lawyer says.
After the car driver stopped, he opened the left front door and ran into a passerby riding an electric car, causing the electric car driver to fall to the ground and die. Should the car driver take full responsibility? How to compensate electric vehicle drivers?
Lawyer Zhang of Taiyuan, Shanxi:
Whether the car driver and the deceased bear the responsibility in the accident and the size of the responsibility depends on whether the car driver and the deceased have violated the law and the size of the responsibility. In this case, if the driver of the car stops illegally or doesn't pay attention to the left rear when opening the door, he may take full responsibility in this case, but if the deceased rides fast or doesn't pay attention to the observation during driving the electric car, he may also take part of the responsibility, and the driver of the car will take primary or secondary responsibility. In this case, if the driver of the car bears the main or full responsibility, it may be suspected of committing a traffic accident. If the fault in this case is the cause of the death of the deceased, it may constitute the crime of negligent death. As for the compensation standard, it is mainly to consider whether the accident is a civil traffic accident dispute or a criminal case. If it is purely a civil dispute, the family members of the deceased can directly file a civil lawsuit in the people's court and demand compensation. If it is a criminal case, the family members of the deceased may institute criminal proceedings. If it is a civil dispute, the compensation standard includes death compensation, living expenses, mental damage compensation, funeral expenses and part of the lost time for handling the accident. If it is a criminal case, death compensation and mental damage compensation will not be paid. There is also a standard of compensation based on the division of responsibility ratio.
Lawyer Li of Nanchang, Jiangxi:
If the driver of an electric vehicle is not at fault in the whole driving process, the motor vehicle shall take full responsibility. As for the compensation items, it should include a series of expenses such as death compensation, funeral expenses, living expenses of dependents, and spiritual pensions. Causing death, according to the corresponding laws, motor vehicle drivers are also involved in traffic accidents and may bear criminal responsibility.
Henan Kaifeng Fu Law Firm:
The full responsibility of the car driver should be determined according to the specific circumstances of the case at that time, mainly depending on whether the electric car driver was at fault in the process of this accident. If there is a fault, it can reduce the responsibility of the driver, which generally does not exceed the main responsibility. According to the situation described, the car driver may bear the main responsibility. Compensation expenses mainly involve death compensation, funeral expenses, spiritual damages, living expenses of dependents and other related expenses.
FAN Niu Bian Xiao: Bian Xiao reminds drivers and friends to travel safely and strictly abide by various traffic laws and regulations. If there is an unfortunate traffic accident, please be sure to keep calm and deal with it in the right posture.
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