How to deal with the death caused by traffic accidents, and how to convict the death caused by traffic accidents

I. How to deal with the death caused by traffic accidents

The first paragraph of Article 70 of the Road Traffic Safety Law of the People's Republic of China stipulates that if personal injury or death is caused, the driver of the vehicle shall immediately rescue the injured person and promptly report to the traffic police on duty or the traffic management department of the public security organ. Where the scene is changed due to the rescue of injured personnel, the location shall be indicated. Passengers, drivers of passing vehicles, and passers-by shall assist.

That is to say, if the driver is injured or killed in a traffic accident, he must call the police (call the police number 122, emergency number 120, 999) to protect the scene. If the place where the accident occurred is really remote or the telephone cannot be found to call the police, the injured person must be treated immediately, and at the same time, other vehicles cannot be found to assist in the transportation, and the parties can use the vehicle that occurred in the accident to send the injured person to the hospital for treatment, but before moving the scene, the vehicle and the location of the person falling to the ground that cannot be determined after moving the scene must be marked. The parties can use stones, bricks, white ash and other items to make obvious marks on the ground.

2. How to convict death from traffic accidents

Whoever violates the laws and regulations on the administration of transportation and thereby causes a major accident, causing serious injury or death to a person or causing heavy losses to public or private property 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 heinous circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; and whoever causes death due to escape shall be sentenced to fixed-term imprisonment of not less than seven years.

Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents

In order to punish the criminal activities of traffic accidents in accordance with the law, in accordance with the relevant provisions of the Criminal Law, a number of issues concerning the specific application of the law in the trial of criminal cases involving traffic accidents are hereby explained as follows:

Article 1: Where a person engaged in transportation or a non-transportation personnel violates the regulations on transportation management and causes a major traffic accident, on the basis of clarifying the responsibility for the accident, those who constitute a crime shall be convicted and punished in accordance with the provisions of article 133 of the Criminal Law.

In any of the following circumstances, a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention:

(1) Where one person is killed or three or more people are seriously injured, and all or the person is mainly responsible for the accident;

(2) Where three or more persons die and bear equal responsibility for the accident;

1. In which cases the owner of the car bears civil compensation liability 1, if the owner and the driver are employees of the employment relationship and cause damage to others in the course of engaging in employment activities, the employer shall bear the liability for compensation; if the employee causes damage due to intent or gross negligence, he shall bear joint and several liability for compensation with the employer. If the employer bears joint and several liability, it may recover compensation from the employee. Engaging in employment activities refers to engaging in production and business activities or other labor service activities within the scope of the employer's authorization or instructions. Where an employee's conduct exceeds the scope of authorization, but its expression is the performance of his or her duties or is intrinsically related to the performance of his duties, it shall be deemed to be engaging in employment activities. 2. The driver is the legal representative of the legal person or other organization for job conduct、...... View the full-text >>

1. How should I claim compensation in the event of a traffic accident? Novice driving will inevitably lead to one or another kind of bumping or other traffic accidents due to unfamiliar traffic regulations or unskilled driving skills, if the knowledge of insurance claims is not much known, such a consequence is that once an accident occurs, it is at a loss. Here to remind all car owners, in the processing of motor vehicle claims should pay attention to the following points: (1) report the case in a timely manner. After a traffic accident occurs, for those belonging to the category of rapid treatment of road traffic (two vehicles collide within the urban area, both vehicles are insured with compulsory insurance, no personal injury occurs, property damage is less than 2,000 yuan, the vehicle can move on its own, and the accident parties have no dispute over the accident liability), it should be timely... View the full-text >>

According to article 133 of the Criminal Law and article 3 of the Interpretation, the perpetrator who escapes after a traffic accident and causes death shall be sentenced to fixed-term imprisonment of not less than 7 years. This is the higher statutory penalty imposed by law for both aggravating circumstances (escape) and aggravating consequences (causing death). In judicial practice, when determining the composition of "death caused by escape", the following aspects should be noted: 1. The constituent elements of fleeing after a traffic accident mentioned above must be met. "Death due to escape" is the aggravation of the traffic hit-and-run behavior. Therefore, the determination that "death due to escape" must first satisfy the establishment of escape after a traffic accident.

Source: Ma Mane Mountain High-speed Traffic Police Brigade