If a traffic accident causes death, it shall bear the same responsibility. If the insurance company is not satisfied with the compensation, it will sue the owner.

Death caused by traffic accidents is undoubtedly the most serious consequence. In this case, the family members of the deceased usually choose to entrust a lawyer to file a compensation lawsuit in order to maximize their interests. Then, for the driver who caused the accident, is it necessary to hire a lawyer if he kills someone by driving a vehicle?

The answer is necessary! After all, whether the parties to traffic accidents can correctly use legal weapons will directly affect their own interests.

Traffic accident deaths have a great impact, so in the process of handling accident disputes, the perpetrators are more likely to fall into the following difficulties:

1, the driver may be detained on suspicion of criminal law.

According to relevant laws and regulations, drivers who kill pedestrians by driving will be suspected of traffic accidents under certain conditions. For example, the Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Traffic Accidents clearly states that drivers who cause traffic accidents in violation of road traffic regulations will be investigated for criminal responsibility if they cause serious injuries, deaths or heavy losses to public and private property.

The above-mentioned acts that violate road traffic laws and regulations and cause serious injuries, deaths or heavy losses of public and private property include but are not limited to drunk driving, drunk driving, drug driving or driving without a license, overloading driving, etc.

According to Article 133 of the Criminal Law, the minimum penalty for traffic accident crime is fixed-term imprisonment of not more than three years or criminal detention, and the maximum penalty is fixed-term imprisonment of not less than seven years. It can be seen that once the traffic accident driver is suspected of traffic accident, the consequences will be unpredictable.

In addition, the case is imminent. Once the driver is suspected of causing a traffic accident, the public security organ will immediately take compulsory measures, such as immediately detaining the driver to prevent him from escaping.

2. The family members of the deceased endlessly sued for unreasonable claims or demanded compensation in private.

Whether the death case caused by traffic accident violates the criminal law or not, the actor, as the infringer, should bear the tort liability. In this case, the families of the deceased will generally claim their rights by entrusting lawyers to file lawsuits. At this time, if the actor does not entrust a lawyer, he may not be able to identify the loopholes in the compensation project advocated by the other lawyer because he does not understand the relevant legal knowledge, resulting in excessive death compensation.

Even if the family of the deceased does not entrust a lawyer, the perpetrator may not be able to bear the huge compensation (usually more than one million yuan) in the death case. In this case, if no lawyer intervened to fight for less compensation for the perpetrators, resulting in their inability to bear the amount of more than 300,000 yuan, the driver involved in the accident may be suspected of traffic accidents and be investigated for criminal responsibility.

In addition, the perpetrator may face endless harassment from the injured party in private and demand compensation again and again. At this time, if the perpetrator does not entrust a lawyer, it will lead to a restless life and may even hurt his family.

Under the above circumstances, the intervention of lawyers is very important.

In view of "the driver who caused the accident may be detained", the intervention of lawyers can, on the one hand, examine whether the compulsory measures taken by public security organs or procuratorial organs against the perpetrators are legal and reasonable, and professional lawyers can also apply for bail for the driver who caused the accident to avoid temporary imprisonment.

On the other hand, lawyers can represent the complaints and accusations of the driver who caused the accident, collect relevant favorable evidence, help the driver to defend the facts, or lodge a complaint for the driver who caused the accident, so that the driver who caused the accident can finally be given a lighter punishment or even exempted from punishment.

As for "unreasonable or endless claims by the injured party", the lawyer's intervention can help the perpetrators to deal with the size of the accident compensation, such as collecting evidence of the actual loss of the accident victim for the driver, reviewing the cost of the claim of the deceased's family, the rationality of the calculation standard and the effectiveness of the victim's evidence, and ensuring that the claim of the deceased's family is within the reasonable scope stipulated by law.

In addition, lawyers can help the perpetrators solve the traffic accident disputes once and for all, and prevent the injured party from harassing or demanding compensation again and again.

Then, under the above circumstances, how should the actor choose an attorney?

In practice, under the above circumstances, many injurers and their families are eager to solve the problem, and when choosing an attorney, they are easy to neglect and fall into the following misunderstandings, resulting in unsatisfactory judgment results:

1, only rely on interpersonal relationships to hire a lawyer.

There is nothing wrong with relying on interpersonal relationships to find a lawyer, but if the lawyer introduced by a friend is not good at handling traffic accident cases or has no relevant handling experience, the consequences will only lead to the actor losing more money, and the actor may have to bear heavier criminal responsibility.

Therefore, the perpetrator must be aware of his situation and make a rational judgment. Don't be embarrassed to shirk because of a friend's introduction. After all, it concerns your own interests and even your future.

2. Choose lawyers with low fees or blindly pursuing high reputation.

Is the lawyer's fee as low as possible? Of course not, but it's not that the higher the charge or the higher the popularity, the better.

When choosing a lawyer, the actor should pay attention to whether the lawyer he chooses is good at handling his own case. For example, the actor can make superficial judgments through the lawyer's detailed information on the Internet and his views on the case in the conversation, instead of unilaterally or absolutely deciding the person to hire a lawyer according to the level of fees and popularity.

3. Think that the more promises lawyers make, the better.

Lawyers can make promises to clients, but the promises of a professional lawyer are generally limited to work attitude, service quality and professional ethics. However, if the lawyer you choose really assures you that this case is "winning", "winning" and "absolutely no problem", then you should pay attention to analyzing the authenticity of the promise.

Therefore, when choosing an attorney, the abuser and his family members must look for it according to their actual situation, seek truth from facts and avoid blindly following the crowd.

Compensation for traffic accident death

Relevant judicial practice experience shows that the perpetrators of traffic accident death cases not only face civil liability for compensation, but also may face criminal liability. In this case, the lawyer's experience in handling cases should be the primary consideration when the perpetrators and their families choose law firms and lawyers.

Lawyers with experience in handling traffic accident cases can easily grasp the controversial focus of the case, so that the case can achieve twice the result with half the effort, thus helping the perpetrators to solve the accident disputes effectively and timely. Under normal circumstances, the more the number of investigators, the richer the experience in handling cases.

Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.