With the improvement of people's daily life, we are from the original horse and carriage era successfully entered the automobile era, in this era of traffic, caused by traffic accidents will certainly not be less, then in some traffic accidents, if caused by the death of the same person, the responsibility of how to attribute? Liability is divided into standards and how? I have organized the following content for you, I hope to help you.
Traffic accidents caused by the death of the same person how to do
Car accidents are fiercer than a tiger, speeding tragedy, and due to speeding caused by the accident caused by the death of the same person, a one-sided accident, whether the crime of traffic accidents, many people may have doubts, but the answer is yes. Recently, Tongchuan City, Yintai District People's Court to traffic accident sentenced the defendant Cui Zhanguo one year in prison, pronounced a year of probation.
Case review
May 22, 2013 morning, the defendant Cui driving all of its Honda Accord (check price | model details) sedan, from Henan Yanshi City to Yan'an City, Shaanxi Province, the day 13:00 line to the Baomao Expressway in the direction of Xi'an to Yulin, 723KM + 500M, due to the speed limit driving, the vehicle crashed on the left side of the road due to the front of the road in the direction of Yulin. Vehicle hit on the left side of the road due to road construction ahead placed signage, and then out of the road on the right side hit in the drainage ditch, sitting in the car passenger seat Li thrown out of the car, the vehicle rebound stopped in the center of the road. Resulting in injuries to the defendant Cui and the passenger Li. Victim Li was sent to Yijun County People's Hospital rescue ineffective, at 14:00 on the same day due to traumatic hemorrhagic shock death. The public security traffic police department determined that the defendant Cui driving vehicles over the speed limit, traffic accidents, should bear full responsibility for the accident. The victim Li does not bear responsibility for the accident.
Final Trial Results
After the incident, the defendant fled the scene in fear. on November 8, 2013, the public security organs of the defendant Cui online fugitive, August 14, 2015, the defendant Cui to the public security organs to surrender. The defendant Cui and the victim's family reached a mediation agreement, compensation for the victim's family losses *** totaling 450,000 yuan, the victim's family expressed understanding of the defendant Cui.
Knowledge extension
The court found that the defendant Cui driving a motor vehicle, in violation of the "Chinese People's Republic of China *** and the State Road Traffic Safety Law," the provisions of the speed limit, to the death of the passenger Li, injured in a major traffic accidents, and bears the full responsibility for the accident, his behavior constitutes the crime of traffic accidents. The public prosecutor accused defendant cui guilty of traffic accident criminal facts and charges are established, should be supported. Defendant cui by the public security organs online fugitive, can automatically surrender, truthfully confessed to the facts of the crime, constituting surrender, according to the law can be mitigated punishment. Defendant Cui compensated the victim's family for the economic loss, obtained the understanding of the victim's family, may be appropriate for his lighter punishment. According to the facts found, 20km/h road to 10km/h speed over the speed limit, is the direct cause of the accident, and this case is a crime of negligence. Therefore, the defense argued that the victim did not fasten the seat belt, did not do safety duty of care, there is a certain degree of fault, requesting the defendant exempted from criminal punishment can not be established, not adopted. Based on the defendant's criminal circumstances and repentance, combined with the community corrections investigation and assessment opinion issued by the judicial bureau of his place of residence, the defendant can be pronounced on probation Cui, the court then made the above sentence according to law.
The law is fair and treats every citizen equally. In this case, we can see that if the driver illegal driving car caused by traffic accidents, the driver bears the main responsibility, have caused the death of the same car, by the two sides to solve the problem. If the driver takes the initiative to take responsibility and turns himself in, the punishment can be lightened. We should all love and respect life, so that the flower of life, more and more beautiful! If you have other questions, welcome to consult a professional lawyer.
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