When traffic accident happens, if be a car only damage is not bad, can foster cordial relations between states after all, but if involve,compare to personal casualty serious. Most propbably is very much the person wants to know, 2018 how to produce traffic accident to die to compensate for? What are the 2018 compensatory standards that produce traffic accident death? Below by small make up introduce death of 2018 newest traffic accident to compensate for a standard for you.
One, 2018 how to produce traffic accident to die to compensate for?
Dead compensation according to suffer accuse average per capita of dweller of town of on forensic seat one year can control income or rural dweller average per capita is pure standard stopping a person, press 20 years of computation. But of above of 60 one full year of life, every increase the age one year old to decrease one year; Of above of 75 one full year of life, press 5 years of computation.
(specific area distinguishs no longer to disability compensation, death compensation city, country, unified calculate by town standard)
1, the victim is town dweller (or rural dweller is accorded with according to condition of town dweller claim for compensation)
60 one full year of life of age ≤ : Suffer accuse average per capita of dweller of town of on forensic seat one year can control income X (yuan ／ year) × 20 (year) .
Age 60-75 one full year of life: Suffer accuse average per capita of dweller of town of on forensic seat one year can control income X (yuan ／ year) × ｛ 20 - (actual age - 60) ｝ year.
75 one full year of life of age ≥ : Suffer accuse average per capita of dweller of town of on forensic seat one year can control income X (yuan ／ year) × 5 (year) .
2, the victim is rural dweller
60 one full year of life of age ≤ : Suffer relate net income of average per capita of dweller of rural area of on forensic seat one year X (yuan ／ year) × 20 (year) .
Age 60-75 one full year of life: Suffer relate net income of average per capita of dweller of rural area of on forensic seat one year X (yuan ／ year) × ｛ 20 - (actual age - 60) ｝ year.
75 one full year of life of age ≥ : Suffer relate net income of average per capita of dweller of rural area of on forensic seat one year X (yuan ／ year) × 5 (year) .
2, 2018 produce traffic accident death to compensate for a standard
1, expend because of the rescue, expenses medical treatment that treats pay
Medical treatment expends the gathering proof such as the medical expenses that issues according to medical establishment, hospitalization expenses, the relevant evidence such as diagnostic proof of combinative medical records is firm. Compensate for amount, by first instance court the produces actually number before the controversy is terminative decides. Organic function restores to train a necessary rehabilitation cost, proper face-lifting cost and other follow-up to treat obligee of cost, compensation to be able to be waited for after happening actually, sue separately. But the cost that medical treatment proves the basis or appraisal conclusion produces necessarily certainly, can give along with all the others with the medical treatment cost that has produced compensation.
2, (if be put in rescue and cure) cost of delay one's work
Delay one's work expends the time of delay one's work according to the victim and income state to decide. The proof that remedial medical establishment accepts to issue according to the victim between man-hour by accident is definite. The victim sends incomplete to last because of the injury of delay one's work, time of delay one's work can be calculated to the day that decide incomplete before today. The victim has fixed income, cost of delay one's work is calculated according to actual reductive income. The victim does not have fixed income, according to its average income of 3 years is calculated recently; Victim cannot of the average income state that quote proves its are the closest 3 years, can consult suffer accuse forensic seat is same or the average wage computation of worker of on close industry one year.
3, funeral expenses
After be being died by the infringer, want to buy graveyard for its, undertake funerary to its, cremation, undertake burying, produced funeral expenses at this moment.
4, dead compensation
After be being died by the infringer, the infringer wants to pay death compensation to the close relative of dead person.
5, living cost of the person that be brought up
By bring up person it is the year after year that the minor that shows the victim ought to assume bring up obligation lawfully perhaps loses labor ability not to have other source of income again close relative. Be returned to have person of other bring up by bring up person, compensatory obligor compensates for a victim only lawfully ought to the part of the burden. By person of know exactly about sth of bring up person, year compensatory amount accumulative total does not exceed average per capita of dweller of town of on one year to consume sexual defray specified amount or village dweller average per capita year forehead of life spending expenses.
6, traffic expenses
Traffic expenses reachs his to be accompanied necessarily according to the victim because go to a doctor perhaps turns,protect personnel the charge computation that courtyard cure produces actually. Traffic expenses ought to is with official note by; Concerned credential ought to be nodded with ground of go to a doctor, conform to of time, number, frequency closes.
7, accommodation cost
The victim is necessary to be treated to the other place truly, because of objective reason cannot be in hospital, him victim reachs his to accompany the accommodation cost that protects personnel to happen actually and board expense, its are reasonable the part should grant to compensate for.
8, mental damages
After be being died by the infringer, right the close relative of the person that die causes serious spirit to damage, because this gives its mental damages. The property of mental damages and disability compensation is different, it is not the compensation to the dead, however the compensation of close to the dead relative.
3, 2018 produce traffic accident to die how to be sentenced
The first, be engaged in traffic carrying personnel to perhaps be not traffic to transport staff, disobey traffic to carry administrative laws and regulations to produce accident of great liaison man, on the foundation that distinguishs accident responsibility, to making crime, according to criminal law the 133rd regulation convictions punishment.
The 2nd, traffic cause trouble has one of following state, be in 3 years of the following set term of imprisonments or arrest battle:
(1) death one person perhaps hurts 3 people above again, negative accident is all of main perhaps responsibility;
(2) die 3 people above, negative accident is coequal of responsibility;
(3) cause public property or other belongings is direct loss, negative accident is all main perhaps responsibility, incapable compensation amount is in of 300 thousand yuan of above.
Traffic cause trouble sends one person above to be weighed, negative accident is all main perhaps responsibility, have one of following state, conviction with blame of traffic cause trouble punishment:
(1) motor-driven car drives after drugs of drunken, suck;
(2) without drive the qualification drives of motor-driven car;
(3) knowing perfectly well is safe device the motor-driven car that not complete safe perhaps parts is out of order and drive;
(4) knowing perfectly well is the motor-driven car that already perhaps discarded as useless without card card and those who drive;
(5) serious overload drives;
(6) escape to escape law to find out of trouble spot.
The 3rd, " after traffic carries cause trouble, escape " , it is to point to the 2nd to behavior person has this explanation the first regulation and the 2nd (1) to (2) one of formulary case, in produce traffic postaccident, to escape the behavior that law is found out and escapes.
The 4th, traffic cause trouble has one of following state, belong to " have other and special abominable plot " , be in 3 years of above 7 years the following set term of imprisonment:
(1) death 2 people above perhaps hurts 5 people above again, negative accident is all of main perhaps responsibility;
(2) die 6 people above, negative accident is coequal of responsibility;
(3) cause public property or other belongings is direct loss, negative accident is all main perhaps responsibility, incapable compensation amount is in of 600 thousand yuan of above.
The 5th, " send a person to die because of escaping " , it is to show behavior person is after traffic cause trouble to escape law to find out desert, cause the case that the injured party dies because of cannotting get deliverance.
After traffic cause trouble, everybody of car of unit officer staff, motor-driven, contractor perhaps incites cause trouble person to escape by car person, cause the injured party to die because of cannotting get deliverance, with the accomplice punish of blame of traffic cause trouble.
The 6th, behavior person is found out to evade law after traffic cause trouble, after leaving area of the injured party trouble spot, be concealed or abandon, cause the injured party cannot get deliverance and die or of serious disability, ought to part according to criminal law the 232nd, the 234th the 2nd regulation, with intended homicide blame of intended perhaps harm convictions punishment.
The 7th, everybody of car of unit officer staff, motor-driven or motor-driven car contractor is incited, make by force other violate the rules and regulations drives cause accident of great liaison man, have what explain one of case of the 2nd regulation originally, conviction with blame of traffic cause trouble punishment.
The 8th, produce accident of great liaison man inside the limits that executes public traffic management, according to criminal law concerns a regulation the 133rd times to deal with with what explain originally.
Outside the limits of public traffic management, drive motor-driven car perhaps uses other vehicle to send person casualties to perhaps cause public property or other belongings suffers significant loss, those who make crime, respectively according to criminal law the 134th, the 135th, wait for a regulation the 233rd times to conviction punishment.
The 9th, each province, municipality, municipality directly under the Central Government is advanced people court is OK according to this locality actual condition, 600 thousand yuan come in 300 thousand yuan, 600 thousand yuan to million yuan inside extent, decide the 2nd to our region carries out this explanation the first (3) , the 4th (3 start number level, sign up for top people court to put on record.
Appraise of the place on put together, 2018 produce traffic accident death to compensate for according to suffer accuse average per capita of dweller of town of on forensic seat one year can control income or rural dweller average per capita is pure standard stopping a person, press 20 years of computation. But of above of 60 one full year of life, every increase the age one year old to decrease one year; Of above of 75 one full year of life, press 5 years of computation.
