If the driver of a motor vehicle does not violate traffic laws and regulations, the traffic accident is an accident and does not bear criminal responsibility, but it should actively cooperate with compensation. Motor vehicle drivers who violate traffic laws and regulations and cause death after a traffic accident shall bear criminal responsibility.
Legal basis:
Criminal law of the people's Republic of China
Article 133 Crime of causing traffic accidents
In violation of traffic regulations, a major accident occurs, causing serious injury, death or heavy losses to public or private property, and 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.