1, how long the main responsibility for traffic accidents will be detained shall be determined according to the following circumstances:
(1) When taking the main responsibility in a traffic accident, it may involve administrative detention or criminal detention, and the specific time may not be certain;
(2) The longest detention period of traffic accident crime is 37 days, but the general situation is 15 days. If the accident is serious, you should bear the corresponding criminal responsibility.
2. Legal basis: Article 91 of the Criminal Procedure Law of People's Republic of China (PRC).
Time limit for submitting for examination and approval of arrest If the public security organ deems it necessary to arrest a detained person, it shall submit it to the people's procuratorate for examination and approval within three days after detention. Under special circumstances, the approval time can be extended by one to four days. For major suspects who commit crimes on the run, commit crimes many times or commit crimes in collusion, the time for submitting for examination and approval may be extended to 30 days. The people's procuratorate shall, within seven days after receiving the approval letter from the public security organ, make a decision on whether to approve or disapprove the arrest. If the people's procuratorate does not approve the arrest, the public security organ shall immediately release it after receiving the notice and promptly notify the people's procuratorate to execute it. Those who need to continue the investigation and meet the conditions of obtaining a guarantor pending trial or residential surveillance shall be granted a guarantor pending trial or residential surveillance according to law.
Second, what are the precautions for handling traffic accidents?
1, define the subject of compensation. In litigation, "who to sue" is a very important issue. If the object of complaint is wrong, it will not only waste time, manpower and financial resources, but also fail to achieve the purpose of claim. On the issue of "who to sue", the first thing to look at is who is the owner of the other party's vehicle license at the time of the accident. If it is the driver himself, then directly sue him and the insurance company. If the vehicle has other owners, the driver, the owner and the insurance company can be sued together with the defendant as * * *. If the owner is a unit, he should take the unit to court as a defendant;
2. Prepare sufficient evidence. When the case goes to court, the evidence of claims such as nursing expenses, lost time and disability compensation should be basically fixed. When the rural hukou victims who have worked and lived in cities for more than one year advocate "the same life and the same price", they should pay more attention to collecting, fixing and sorting out the corresponding evidence in advance, so as to be clear and reliable at a glance, so as to avoid being in a hurry during the trial or evidence exchange and missing the "fighter plane";
3. Reasonable claim for compensation. When a few victims in traffic accidents sue, they like to "overcharge", regardless of the specific provisions of the law, and list the compensation and non-compensation in the civil complaint. I even think that I "sit on the ground and start the price" in order to deal with the troublemakers' "repayment on the spot" and "arbitrary bargaining", and "exorbitant price" is to leave room for bargaining in the mediation that may occur in the future, otherwise it will be unfavorable to myself and the negotiations.