How to deal with the loss of compensation for people killed by electric bicycle

1、 How to deal with the loss of compensation for people killed by electric bicycle

In the case of killing a person and being unable to bear the liability for compensation, the following legal procedures may be required: may be decided by the judicial authority criminal custody 。 If unfortunately, a car accident results in the death of another person and is recognized as the person who needs to bear the responsibility, but the compensation capacity is really limited, the compensation liability will generally be subject to the law Enforcement 。

However, even if the compulsory enforcement measures are taken, the only choice may be to accept the criminal trial and conviction first.

According to relevant statute According to the regulations, if an individual's behavior violates the traffic and transportation management regulations and causes serious consequences (such as serious injury, death or heavy loss of public and private property), he/she shall face up to three years fixed-term imprisonment or criminal detention Criminal punishment.

In addition, even if the death of another person is caused by a traffic accident Medical expenses 、 Nursing expenses , transportation expenses, nutrition expenses, inpatient food subsidies and other reasonable expenses related to treatment and recovery, as well as compensation for reduced income due to missed work. In case of disability of the victim, it is also necessary to bear the cost of assistive devices and the disabled damages ； On the premise of causing the death of the other party, compensation must be made Funeral expenses and Death compensation 。

Road Traffic Safety Law

Article 76 Occurrence of motor vehicles traffic accident If personal injury or death or property loss is caused, the insurance company shall compensate within the limit of liability of the compulsory third party liability insurance for motor vehicles; The insufficient part shall be liable for compensation in accordance with the following provisions:

（1） If a traffic accident occurs between motor vehicles, the party at fault shall be liable for compensation; If both parties are at fault, they shall share the responsibility in proportion to their respective faults.

（2） If a traffic accident occurs between a motor vehicle and a non motor vehicle driver or pedestrian, and the non motor vehicle driver or pedestrian is not at fault, the motor vehicle party shall be liable for compensation; yes evidence If it is proved that the non motor vehicle driver or pedestrian is at fault, the compensation liability of the motor vehicle party shall be appropriately reduced according to the degree of fault; If the motor vehicle party is not at fault, it shall be liable for compensation of not more than 10 percent.

If the loss of a traffic accident is caused by the intentional collision of a non motor vehicle driver and a pedestrian with a motor vehicle, the motor vehicle party shall not be liable for compensation.

2、 Do you use a letter of understanding to kill people by riding an electric bicycle

In many traffic accidents, it is not necessary to obtain a letter of understanding from the victim's family as a defense basis for killing others.

However, the death of a driver involved many aspects such as the trial of criminal cases and incidental civil compensation.

Under such circumstances, if the victim's family can understand, the criminal part of the case may be given a lighter or mitigated punishment.

Therefore, it is really very important to obtain a letter of understanding from the victim's family.

《 criminal procedure law 》Article 290

The public security organ may make suggestions to the People's Procuratorate for leniency in cases where a settlement agreement has been reached. The People's Procuratorate may propose to the People's Court a lenient punishment; If the circumstances of the crime are minor, no sentence is required punishment A decision not to prosecute may be made. The people's court may give lenient punishment to the defendant according to law.

Law is a universal constraint, which not only protects our rights and interests, but also regulates our behavior. Each of us should fully understand and understand the law in order to better protect our rights and better live in this society ruled by law. As the title of this article puts forward, "What should we do if we can't compensate for the death of a person hit by an electric bicycle?" The study and understanding of the law is a long-term task that needs our constant efforts and exploration. We should cherish this process and regard it as an opportunity for self-improvement so as to better adapt to social development and change.