How to deal with people who die in traffic accidents
Recently, frequent traffic accidents have become a hot topic of social concern. How to properly handle deaths in traffic accidents not only involves legal liability, but also concerns humanitarian care and social stability. This article will combine the hot topics and hot content on the Internet in the past 10 days to provide you with a detailed analysis of the handling process of traffic accident fatalities from the aspects of legal procedures, compensation standards, liability determination, etc.
1. Legal procedures for traffic accident deaths
After a traffic accident causes death, the following legal procedures must be followed:
| steps | content | Responsible department |
|---|---|---|
| 1. Alarm and on-site protection | Dial 122 immediately to call the police to protect the scene and avoid secondary accidents | traffic police department |
| 2. On-site investigation | Traffic police investigate the accident scene and collect evidence | traffic police department |
| 3. Responsibility identification | Issue a traffic accident liability determination letter based on evidence | traffic police department |
| 4. Autopsy | The forensic doctor conducted an autopsy on the deceased to determine the cause of death. | public security organs |
| 5. Compensation Negotiation | Negotiate compensation issues between family members and responsible parties | Parties/Court |
| 6. Legal Proceedings | If negotiation fails, a civil lawsuit can be filed in court | court |
2. Compensation standards for traffic accident death
According to the latest statistics, traffic accident death compensation mainly includes the following items:
| Compensation items | calculation standard | Remarks |
|---|---|---|
| death benefit | Per capita disposable income of urban residents in the previous year × 20 years | Over 60 years old, every additional year decreases by one year |
| funeral expenses | Average monthly salary of employees in the previous year × 6 months | National unified standards |
| Dependent’s living expenses | Minors are counted until the age of 18, and seniors are counted for 20 years. | Proof of dependent relationship is required |
| Mental damage solatium | 50,000-100,000 yuan | It depends on the specific situation |
3. Standards for identification of liability for traffic accidents
The traffic police department will determine liability for the accident based on the following factors:
| Responsibility type | Recognition standards | Compensation ratio |
|---|---|---|
| full responsibility | The fault of one party caused the accident | 100% |
| Main responsibilities | One party is more at fault | 70-90% |
| equal responsibility | Both parties are equally at fault | 50% |
| secondary responsibilities | One party's fault is minor | 10-30% |
| No responsibility | Without fault or unforeseen | 0% |
4. Precautions for handling traffic accident deaths
1.Call the police promptly: After an accident occurs, call the police immediately and do not move the scene without authorization.
2.Keep evidence: Take photos and videos to preserve on-site evidence and record eyewitness information.
3.Cooperate with the investigation: Truthfully state the accident to the traffic police and cooperate with the investigation.
4.Rational rights protection: Solve the compensation issue through legal channels and avoid excessive behavior.
5.psychological counseling: Families should seek professional psychological help to ease their grief.
5. Recent hot traffic accident cases
| time | location | Accident overview | processing progress |
|---|---|---|---|
| 2023.10.15 | Shenzhen, Guangdong | Truck rear-ends, killing 3 and injuring 5 | The driver was detained and compensation is being negotiated |
| 2023.10.18 | Hangzhou, Zhejiang | Drunk driver hits pedestrians, killing 2 | The suspect has been arrested |
| 2023.10.20 | Chengdu, Sichuan | School bus rollover kills 1 and injures 12 | The school bears primary responsibility |
Traffic accident deaths need to be handled in accordance with laws and regulations, not only to protect the legitimate rights and interests of the deceased's family, but also to maintain social fairness and justice. I hope that the introduction in this article can help everyone understand the relevant legal procedures and precautions, and be able to respond rationally when unfortunately encountering such an incident.
Finally, I would like to remind all driver friends:Obey traffic rules, drive carefully and cherish life, Reduce the occurrence of traffic accidents from the source.
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