Compensation for victims of dangerous driving crimes and cases

In real life and work, some people driving on the road may constitute a dangerous driving crime. Generally speaking, dangerous driving needs to compensate the victims. Then, what are the situations of compensation for victims of dangerous driving crimes? If you are confused about this, then take a look at the relevant information I collected for you on this issue.

Case description

201165438+On February 29th, Tang was drunk driving a car and injured Zhao, who was walking in the same direction. The traffic police department determined that Tang was fully responsible for the accident. Tang was sentenced to three months' detention by the court for dangerous driving. Zhao was identified as a 10-level disability and sued Tang for compensation for disability.

The restaurant driver pleaded.

Tang argued that he had been investigated for criminal responsibility and that disability compensation was not a material loss and should not be compensated.

The court held that

The driver was sentenced for causing an accident, and the victim's disability compensation should be compensated.

court decision

The court ruled that Tang compensated Zhao for disability compensation.

case analysis

Article 48 of the Tort Liability Law of People's Republic of China (PRC) stipulates that if a motor vehicle is damaged by a traffic accident, it shall be liable for compensation in accordance with the relevant provisions of the Road Traffic Safety Law. Article 76 of the Road Traffic Safety Law of the People's Republic of China stipulates the scope of compensation for personal injury and property loss caused by motor vehicle traffic accidents. The disability of the victim caused by road traffic accidents will inevitably lead to the damage or loss of the victim's labor ability, which still belongs to the scope of compensation for material losses. It is judged that Tang's compensation for disability compensation is in line with the law.

Article 18 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Road Traffic Accident Damage Compensation Cases stipulates that if a third party suffers personal injury due to drunkenness and other acts, the people's court shall support it if the parties request the insurance company to make compensation within the compulsory insurance liability limit. If an insurance company claims the right of recourse from the infringer within the scope of compensation, the people's court shall support it. In other words, although the driver was drunk driving a vehicle and had a traffic accident, based on the protection of the rights and interests of the victim, the insurance company should compensate the victim within the liability limit of compulsory insurance. After making compensation to the victims, the insurance company has the right to claim the right of recovery from the infringer, that is, the perpetrator, and the criminal responsibility of the driver is still unavoidable.

The above is the relevant information I collected, hoping to help you. Generally speaking, drunk driving, driving hostile cars, speeding on public roads and serious speeding all belong to the category of dangerous driving. I would like to advise you not to drive dangerously, which is really harmful to others and yourself. If you are still confused about this, or have any relevant legal questions to answer, please feel free to consult further.

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